PART IV. 
TRAFFIC SIGNS, SIGNALS AND MARKINGS



 



[§291C-31]  Obedience to and required
traffic-control devices.  (a)  The driver of any vehicle shall obey the
instructions of any official traffic-control device applicable thereto placed
in accordance with law, unless otherwise directed by a traffic or police
officer, subject to the exceptions granted the driver of an authorized
emergency vehicle in this chapter.



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



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



(d)  Any official traffic-control device placed
pursuant to law and purporting to conform to the lawful requirements pertaining
to such devices shall be presumed to comply with the requirements of this
chapter, unless the contrary is established by competent evidence. [L 1971, c
150, pt of §1]



 



Case Notes



 



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



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