13.5. Which driver must give way?
UAХто з водіїв повинен дати дорогу?
This exam question from the Traffic Rules of Ukraine concerns the safety of oncoming passing on narrow sections of the road, when one of the lanes is partially blocked by repairs, a pothole, or another stationary object. Such situations often occur in cities and on rural roads and require a clear understanding of who exactly must yield in order not to create a dangerous conflict with oncoming traffic.
The question tests knowledge of the section of the Traffic Rules regarding the passing of vehicles and yielding the right of way, in particular the requirements of clause 13.4 of the Traffic Rules of Ukraine, as well as basic definitions from clause 1.10 (what constitutes an "obstacle to movement" and what it means to "give way"). The logic is simple: if, due to an obstacle, a driver is forced to leave their lane (essentially into oncoming traffic), they do not have the right to continue the maneuver in such a way that forces the oncoming driver to change speed or direction. Exceptions are possible when the order is directly determined by priority signs 2.5 or 2.6, or when a separate rule applies on an ascent/descent, but in a typical situation without such indications, clause 13.4 applies.
During the theoretical exam, it is important not to fall for "traps" in the answer options: speed does not determine priority in this case, so the option about "lower speed" is not a basis for right of way. It is also a mistake to think that the one whose lane is clear must yield: on the contrary, the right of way belongs to the oncoming driver without an obstacle, and the obligation to yield is on the one whose lane has the obstacle and who is forced to maneuver around it. Understanding this rule helps to act correctly on the road and avoid head-on collisions and dangerous "squeezing" into oncoming traffic.
Clause 13.4
If passing in opposite directions is difficult, the driver whose lane has an obstacle or whose vehicle's dimensions impede oncoming traffic must yield. On road sections marked with signs 1.6 "Steep ascent" and 1.7 "Steep descent," in the presence of an obstacle, the driver of the vehicle moving downhill must yield.
This clause directly establishes the order of passing when, due to an obstacle in one of the lanes, passing in opposite directions becomes difficult: the one whose lane has the obstacle must yield (except for the special rule for ascent/descent).
Clause 1.10 (term "Obstacle to traffic")
Obstacle to traffic — a stationary object within the lane of a vehicle or an object moving in the same direction within this lane (except for a vehicle moving against the general flow of traffic), which forces the driver to maneuver or reduce speed up to stopping the vehicle.
This definition explains why, for example, a fenced pit/roadwork in the lane is an obstacle that triggers the rule of clause 13.4.
Clause 1.10 (term "Yield (not to create obstacles)")
Yield (not to create obstacles) — a requirement for a road user not to continue or begin movement, or not to perform any maneuver, if this may force other road users who have the right of way to change their direction or speed.
This definition reveals the essence of the duty to "yield" in a passing situation: the driver with the obstacle must not begin/continue a maneuver if this would force oncoming traffic to change speed or direction.
Clause 33.2 — 33 "Road signs", 2 "Priority signs", sign 2.5 "Priority for oncoming traffic"
Sign 2.5 "Priority for oncoming traffic" — prohibits entry onto a narrow section of road if this may impede oncoming traffic; the driver must yield to vehicles moving toward them.
In the test situation, this rule is mentioned as a possible exception: if such a section were marked with sign 2.5, the order of passing would be determined by the sign.
Clause 33.2 — 33 "Road signs", 2 "Priority signs", sign 2.6 "Priority over oncoming traffic"
Sign 2.6 "Priority over oncoming traffic" — marks a narrow section of road where the driver has priority over vehicles moving toward them.
This is an alternative case to clause 13.4: if sign 2.6 is present, the order is determined by it, not by the general rule "whoever has the obstacle must yield."
Thus, the correct answer is "The driver whose lane has the obstacle," given that according to the definition in the Traffic Rules, an obstacle within the lane impedes passing in opposite directions, and under clause 13.4, in such a case, the driver whose lane has the obstacle is required to yield.
In this situation, there is a fenced pit on one of the traffic lanes. Such a stationary object within the lane is an obstacle to traffic, as it forces the driver to reduce speed or perform a maneuver to bypass it.
The driver approaching the obstacle in their lane is essentially unable to continue straight and is forced to enter the oncoming lane. Even if they have turned on the turn signal in advance, this does not give them the right of way, but only warns others of their intention to change direction.
Clause 13.4 of the Traffic Rules of Ukraine establishes a simple rule for complicated oncoming passing: if passage is complicated due to an obstacle, the driver whose lane the obstacle is on (or whose vehicle dimensions hinder passing) is required to yield to the oncoming vehicle. That is, the first to pass is the one whose lane is clear, and the driver with the obstacle must stop or slow down and let the other vehicle pass.
Thus, the correct answer is "The driver whose lane has the obstacle," because according to clause 13.4 of the Traffic Rules, in the case of a complicated oncoming passing, it is this driver who must yield to the oncoming vehicle, since they are forced to leave their lane to bypass the obstacle.