Putting a Curb on Roadside Vendors Is a Safety Concern

Dear Street Smart:

With summer approaching, I am beginning to see the return of roadside vendors along Laguna Canyon Road between El Toro Road and the San Diego Freeway. There is a safety concern here, because cars are trying to enter the highway from the roadside with traffic moving at speeds of 55 m.p.h. or more. Is it legal for these vendors to set up shop along the road? If it is illegal, who enforces the law?

David Natali, Laguna Beach

The California Highway Patrol and the Irvine and Laguna Beach police departments are responsible for enforcing the law on Laguna Canyon Road between El Toro Road and the San Diego Freeway. All three agencies will cite vendors for peddling their wares along the road.

According to Section 731 of the Streets and Highway Code, anyone selling from a vehicle or structure that is either partially or totally on the highway is considered a public nuisance. A peace officer has the right to issue a citation and ensure that the vendor leaves the area, said CHP Officer Liza Waggoner of the San Juan Capistrano office.

Shoulders and curb sides are considered part of the highway, so even though vendors may not actually be in the roadway, they are still violating the law, Waggoner said. The fines levied are determined by the courts, she said.

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Dear Street Smart:

Is it legal to stop traffic in order to make a left turn? I am referring specifically to the conditions in central Laguna, where, due to the narrowness of Pacific Coast Highway, many cross streets don’t have left-turn pockets. Consequently, a lot of people just stop to make turns onto those streets.

Not only is it dangerous when these cars come to a stop, but during peak traffic hours, cars can be lined up for blocks behind the offending motorists, contributing to the already heavily congested conditions.

Christian Cooper, South Laguna

Yes, it is legal to make a left turn without benefit of a left-turn pocket or lane. Unfortunately, the frustrations caused by motorists who must make left turns, and subsequently bring traffic to a grinding halt, is not factored into the law.

If a street has a left-turn lane, you must use it when you turn left, according to the Department of Motor Vehicles’ manual. In a center left-turn lane, you may drive only 200 feet before your turn. This is to help prevent drivers from using this lane as a regular traffic lane or for passing.

In the absence of these lanes, when making a left turn from a two-way street, such as Pacific Coast Highway, a motorist must start the turn at the left-hand side closest to the middle of the street. The turn can be completed in either lane of the cross street if it is safe to do so.

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Dear Street Smart:

Interstate 5 heading south has a wrongly marked freeway exit sign that creates problems for exiting traffic and merging traffic. The troubled exit is Camino de Estrella in San Clemente.

When a car approaches this exit heading south, the freeway sign indicates an exit in 1 1/2 miles, when in reality, the exit is one-fourth of a mile before the off-ramp begins. This is a particular problem because merging traffic coming from Pacific Coast Highway in Dana Point does not allow exiting traffic enough time or warning to exit properly.

Peter D. Prescott, Capistrano Beach

The distances posted on interchange signs provide general information to drivers as they approach an interchange. Caltrans’ practice is to post signs to the nearest quarter mile for guidance, but the actual distances may vary to allow practical sign placement, Gary Slater, chief of traffic operations for Caltrans, said.

Currently, there are four signs on southbound Interstate 5 to alert motorists to the Camino de Estrella off-ramp in San Clemente. Three are interchange guide signs and one is an exit sign.

The first two signs are the overhead type and indicate three-quarter- and half-mile distances. The third sign is a two-post ground-mounted type and indicates one-quarter mile to the exit. The exit sign is an overhead type located at the off-ramp.

A field investigation determined that the third sign is less than a quarter-mile from the off-ramp. Caltrans will remove this sign, because there exists both adequate guide signs and advance notice for motorists to exit at Camino de Estrella.

The auxiliary lane, which extends beyond the on-ramp, serves traffic entering southbound Interstate 5 from Pacific Coast Highway and traffic exiting at Camino de Estrella.

It is almost three-quarters of a mile long and gives adequate distance for motorists entering and exiting the freeway, Slater said.