PART IV. TRAFFIC SIGNS, SIGNALS AND MARKINGS

 

[§291C-31]  Obedience to and requiredtraffic-control devices.  (a)  The driver of any vehicle shall obey theinstructions of any official traffic-control device applicable thereto placedin accordance with law, unless otherwise directed by a traffic or policeofficer, subject to the exceptions granted the driver of an authorizedemergency vehicle in this chapter.

(b)  No provision of this chapter for whichsigns are required shall be enforced against an alleged violator if at the timeand place of the alleged violation an official sign is not in proper positionand sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, the sectionshall be effective even though no signs are erected or in place.

(c)  Whenever official traffic-control devicesare placed in position approximately conforming to law, such devices shall bepresumed to have been so placed by the official act or direction of lawfulauthority, unless the contrary shall be established by competent evidence.

(d)  Any official traffic-control device placedpursuant to law and purporting to conform to the lawful requirements pertainingto such devices shall be presumed to comply with the requirements of thischapter, unless the contrary is established by competent evidence. [L 1971, c150, pt of §1]

 

Case Notes

 

  Stop sign was authorized by operation of statutorypresumption.  72 H. 573, 827 P.2d 648.

  Statutory presumption did not impermissively shift State'sburden of proof to defendant; presumption was directory rather than mandatory. 9 H. App. 73, 823 P.2d 154.