canada traffic ontario
Right of way between U-turning and Right-turning vehicles at traffic lights
<p>At a traffic light controlled intersection, who has right of way between a U-turning vehicle and a right-turning vehicle? Consider the following cases, assuming no other applicable signage:</p>

<h1>Case 1 - Right on red</h1>

<p><a href="https://i.stack.imgur.com/2uAXX.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/2uAXX.png" alt="Right turn on red"></a></p>

<p>Here, the person U-turning has a green light, while the person right-turning has a red light. I believe in this case, the U-turning person has right of way because the vehicle turning right <a href="http://www.mto.gov.on.ca/english/dandv/driver/handbook/section2.6.3.shtml" rel="nofollow noreferrer">should come to a full stop</a> before proceeding, but am not sure.</p>

<h1>Case 2 - Right green arrow</h1>

<p><a href="https://i.stack.imgur.com/K9Iir.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/K9Iir.png" alt="enter image description here"></a></p>

<p>In this case the U-turning vehicle has <a href="http://www.mto.gov.on.ca/english/dandv/driver/handbook/section3.2.5.shtml" rel="nofollow noreferrer">advance green light</a>, allowing left, right, and straight directions (don't know about U-turn). The right turning vehicle has a green right arrow.</p>

<p>I am most looking for answers for Ontario, Canada, but would accept answers for other jurisdictions with similar traffic laws (at least where they don't outright ban U-turns at intersections).</p>

<p><em>Note: The Ontario driver's handbook, and applicable laws don't seem to mention U-turns much. In particular, it's not explicit that U-turns are even allowed at intersections, but they seem to be according to <a href="https://www.reddit.com/r/ontario/comments/2jagd8/are_uturns_at_a_green_light_legal_if_there_are_no/" rel="nofollow noreferrer">this Reddit discussion</a>, and according to the no U-turn signs present at some intersections.</em></p>

<p>U-turns are prohibited in certain circumstances (<a href="https://www.ontario.ca/laws/statute/90h08#BK230" rel="nofollow"><em>Highway Traffic Act</em></a> Paragraph 143). It does not say that U-turns are prohibited at intersections controlled by traffic lights. By the principle of <em><a href="https://en.wikipedia.org/wiki/Statutory_interpretation#Canons" rel="nofollow">expressio unius est exclusio alterius</a></em>, U-turns at intersections controlled by traffic lights are generally allowed.</p>

<p>However, in determining fault for insurance purposes in Ontario,</p>

<blockquote>
  <p>The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs, [...] when automobile “A” is making a U-turn [...] (<a href="https://www.ontario.ca/laws/regulation/900668" rel="nofollow"><em>Insurance Act</em></a> Paragraph 19.)</p>
</blockquote>

<p>From the <a href="http://www.mto.gov.on.ca/english/dandv/driver/handbook/section2.4.3.shtml" rel="nofollow">Ontario handbook</a></p>

<blockquote>
  <p>At any intersection where you want to turn left or right, you must yield the right-of-way. If you are turning left, you must wait for approaching traffic to pass or turn and for pedestrians in or approaching your path to cross. If you are turning right, you must wait for pedestrians to cross if they are in or approaching your path (Diagram 2-20).</p>
</blockquote>

<p><strong>The person turning left (the U-turner) must always yield to the person turning right.</strong></p>

<p>U-Turns are legal in Ontario, but Ontario Highway Traffic Act does not clearly indicate who has the right of way, u-turners or right turn on red.</p>
<p>However, in the Ontario Insurance Act, <a href="https://www.ontario.ca/laws/regulation/900668" rel="nofollow noreferrer">R.R.O. 1990, Reg. 668: FAULT DETERMINATION RULES</a>, paragraph 19 states</p>
<blockquote>
<p>The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at fault for an incident that occurs,</p>
<p>(a) when automobile “A” is backing up;</p>
<p><strong>(b) when automobile “A” is making a U-turn</strong>; or</p>
<p>(c) when the driver of, or a passenger in, automobile “A” opens the automobile door or leaves the door open.</p>
</blockquote>
<p>with emphasis added.</p>

<p>Answers for other jurisdictions were invited, and I found one that explicitly considers this case. <a href="http://docs.legis.wisconsin.gov/document/statutes/346.37(1)(c)3." rel="nofollow noreferrer">Wisconsin law 346.37(c)(3)</a> reads in part:</p>

<blockquote>
  <p>In making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric personal assistive mobility devices lawfully within a crosswalk, <strong>to operators of vehicles making a lawful U-turn</strong>, and to other traffic lawfully using the intersection. </p>
</blockquote>

<p>So in Wisconsin, the vehicle making the U-turn would have the right of way.  It appears this law was <a href="http://docs.legis.wisconsin.gov/2009/related/acts/97" rel="nofollow noreferrer">changed</a> in 2009 to read this way.  (Previously, Wisconsin law said that making a U-turn at a stoplight was prohibited.)</p>

<p>Interestingly, the <a href="http://docs.legis.wisconsin.gov/2009/related/public_hearing_records/sc_transportation_tourism_forestry_and_natural_resources/bills_resolutions/09hr_sc_ttfnr_sb0278_pt01.pdf" rel="nofollow noreferrer">public hearing record</a> for the 2009 law states:</p>

<blockquote>
  <p>U-turning vehicle in the intersection has the right-of-way over a vehicle making a right-turn on red. (That is the law today, right-turn-on-red vehicles must yield to traffic in the intersection.</p>
</blockquote>

<p>saying that the U-turn would have the right of way even if it wasn't explicitly stated by this law.  If true, it has implications for other jurisdictions that don't explicitly state this. </p>
