Legalities

Legalities, a weekly column that appears in the Help section of the Southern Illinoisan, is a free service of the Self Help Legal Center. You can visit the Southern Illinoisan website at: http://www.southernillinoisan.com

Q: I have been told by more than one person that it is illegal for me to back onto the state highway from my driveway. Is this right? Does it matter if the highway is in town?

A: The only state law that governs backing onto a state highway that I can find is Section 5/11-1402 of the Illinois Vehicle Code which states that the driver of any vehicle shall not back the vehicle onto any shoulder or roadway of any "controlled-access highway."

Controlled or limited access highways are special state highways designated by the Illinois Department of Transportation that allow entry or exit only at certain points. The Department can prohibit the use of such highways by pedestrians, bicycles, farm equipment, and even school buses, but must erect official signs informing the public about which vehicle restrictions apply. If you are not certain whether the highway you are backing onto is a controlled or limited access highway, contact the Illinois Department of Transportation.

You may, however, have local ordinances that prohibit backing up on or onto your local streets whether they are state highways or not. Check with your city police, clerk or attorney for such restrictions.

Keep in mind that just because you may have the right to back onto a state highway, it doesn't mean that this right is absolute. Anyone who enters the highway from a private driveway, road, or alley, (whether by backing up or driving forward) must yield the right-of-way to all vehicles regardless of the direction of the traffic.

Do you have a legal question? Write us at Self Help Legal Center, SIU School of Law, Mailcode 6804, Carbondale, Illinois or e-mail us at selfhelp@siu.edu. Not all questions will be answered and may be edited for space or content.

Legalities is written by the Self Help Legal Center, a public service of the SIU School of Law. The Self Help Legal Center cannot provide legal representation. It can, however, help you find the answer to your legal problem. This column is for general legal information purposes only and the advice given in this column may not apply to your situation. For specific legal advice about your situation, you should consult an attorney licensed to practice in Illinois. This column is not meant to give legal advice and does not create an attorney-client relationship.