In legal terminology, the assured clear distance ahead (ACDA) is the distance ahead of any terrestrial
locomotive
A locomotive is a rail transport, rail vehicle that provides the motive power for a train. Traditionally, locomotives pulled trains from the front. However, Push–pull train, push–pull operation has become common, and in the pursuit for ...
device such as a
land vehicle
A vehicle () is a machine designed for self-propulsion, usually to transport people, cargo, or both. The term "vehicle" typically refers to land vehicles such as human-powered vehicles (e.g. bicycles, tricycles, velomobiles), animal-powered tr ...
, typically an
automobile
A car, or an automobile, is a motor vehicle with wheels. Most definitions of cars state that they run primarily on roads, Car seat, seat one to eight people, have four wheels, and mainly transport private transport#Personal transport, peopl ...
, or
watercraft
A watercraft or waterborne vessel is any vehicle designed for travel across or through water bodies, such as a boat, ship, hovercraft, submersible or submarine.
Types
Historically, watercraft have been divided into two main categories.
*Raf ...
, within which they should be able to bring the device to a halt.
It is one of the most fundamental principles governing
ordinary care and the
duty of care
In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeab ...
for all methods of conveyance, and is frequently used to determine if a driver is in proper control and is a nearly universally implicit consideration in vehicular accident liability.
The rule is a precautionary trivial burden required to avert the great probable gravity of precious life loss and momentous damage.
Satisfying the ACDA rule is necessary but not sufficient to comply with the more generalized
basic speed law, and accordingly, it may be used as both a layman's criterion and judicial
test for courts to use in determining if a particular speed is negligent, but not to prove it is safe. As a spatial
standard of care
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care.
The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been b ...
, it also serves as required explicit and fair notice of prohibited conduct so unsafe speed laws are not
void for vagueness.
The concept has transcended into
accident reconstruction and engineering.
This distance is typically both determined and constrained by the proximate edge of clear visibility, but it may be attenuated to a margin of which beyond hazards may reasonably be expected to spontaneously appear. The rule is the specific spatial case of the common law
basic speed rule,
and an application of ''
volenti non fit injuria
''Volenti non fit iniuria'' (or ''injuria'') (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing ...
''. The
two-second rule may be the limiting factor governing the ACDA, when the speed of forward traffic is what limits the basic safe speed, and a primary hazard of collision could result from following any closer.
As the original
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
driving rule preceding statutized
traffic law,
it is an ever important foundational rule in today's complex driving environment. Because there are now protected classes of roadway users—such as a
school bus
A school bus is any type of bus owned, leased, contracted to, or operated by a school or school district. It is regularly used to Student transport, transport students to and from school or school-related activities, but not including a charter ...
,
mail carrier,
emergency vehicle
An emergency vehicle is a vehicle used by emergency services. Emergency vehicles typically have specialized Emergency vehicle lighting, emergency lighting and Emergency vehicle equipment, vehicle equipment that allow emergency services to reach Ca ...
,
horse-drawn vehicle
A horse-drawn vehicle is a piece of equipment pulled by one or more horses. These vehicles typically have two or four wheels and were used to carry passengers or a load. They were once common worldwide, but they have mostly been replaced by auto ...
,
agricultural machinery
Agricultural machinery relates to the machine (mechanical), mechanical structures and devices used in farming or other agriculture. There are list of agricultural machinery, many types of such equipment, from hand tools and power tools to tractor ...
,
street sweeper,
disabled vehicle,
cyclist, and
pedestrian
A pedestrian is a person traveling on foot, by wheelchair or with other mobility aids. Streets and roads often have a designated footpath for pedestrian traffic, called the '' sidewalk'' in North American English, the ''pavement'' in British En ...
—as well as
natural hazards which may occupy or obstruct the roadway beyond the edge of visibility,
negligence may not depend ''
ex post facto'' on what a driver happened to hit, could not have known, but had a concurrent duty to avoid.
Furthermore, modern knowledge of
human factors
Ergonomics, also known as human factors or human factors engineering (HFE), is the application of psychological and physiological principles to the engineering and design of products, processes, and systems. Primary goals of human factors eng ...
has revealed physiological limitations—such as the
subtended angular velocity detection threshold (SAVT)—which may make it difficult, and in some circumstance impossible, for other drivers to always comply with
right-of-way statutes by staying clear of roadway.
As common law rule or statute
Origins
As with the genesis of most legal doctrine governing problems which precede a legislative solution, the ACDA principle generally originates to decisional
precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...
by high courts which
reasoned general common sense rules of conduct of which naturally follow from the repetitive process of determining specific culpability.
Legislation often subsequently followed which either superfluously codified and endorsed or revised these principles,
of which courts would in turn continue to flesh out the details.
By the late 1920s, the term ''"assured clear distance ahead"'' came into widespread use as the identity of a standard of care element in choosing safe speed, with differing jurisdictions adopting the language to carry its same effects. Much of the earliest published record naturally pertains to high stakes wrecks
among vessels or vehicles
as defined in those times, though the obvious principle applies to
chariots and might in fact be
time immemorial.
Present
Horses may still be expected to use the roadways, as well bicycles and automobiles.
The former are a regular appearance in both
urban areas and in the
country
A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, state with limited recognition, constituent country, ...
, and are commonly exercised by
commuters and
Amish
The Amish (, also or ; ; ), formally the Old Order Amish, are a group of traditionalist Anabaptism, Anabaptist Christianity, Christian Christian denomination, church fellowships with Swiss people, Swiss and Alsace, Alsatian origins. As they ...
. Many roads are unchanged since the 1800s while
controlled-access highways have been invented specifically for the automobile. "At
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
a motorist is required to regulate his speed so that he can stop within the range of his vision. In numerous jurisdictions, this rule has been incorporated in
statutes which typically require that no person shall drive any motor vehicle in and upon any public road or highway at a greater speed than will permit him to bring it to a stop within the assured clear distance ahead."
Decisional law usually settles the circumstances by which a portion of the roadway is assuredly clear without it being mentioned in statute.
States where the judiciary has explicitly established the state's ACDA law include Indiana, Iowa,
Kansas, Louisiana, Michigan,
New York,
North Carolina,
Ohio,
Tennessee,
Vermont, Wisconsin,
and California.
[ Se]
California Official Reports: Online Opinions
/ref>
Many states have further passed statutes which require their courts to more inflexibly weigh the ACDA in their determination of reasonable speed or behavior. Such statutes do so in part by designating ACDA violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. States with such explicit ACDA standard of care
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care.
The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been b ...
provisions include: Iowa, Michigan, Ohio, Oklahoma, Pennsylvania, and Texas.
States which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the International Maritime Organization
The International Maritime Organization (IMO; ; ) is a List of specialized agencies of the United Nations, specialized agency of the United Nations responsible for regulating maritime transport. The IMO was established following agreement at a ...
, notwithstanding membership: Great Britain and its common law inheriting Commonwealth of Nations
The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ...
, The United States, Florida, Hawaii, Illinois, Louisiana, Michigan, Montana, Oregon, Texas, and West Virginia.
Most state-issued and some Canadian driver handbooks instruct or mention the ACDA rule as required care or safe practice.
Explicit ACDA statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior—whereas the slightly more obscure common law ACDA doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. Unsafe speed statutes are immune from being void for vagueness when they contain explicit ACDA clauses. Explicit and implicit ACDA rules govern millions of North American drivers.
Universal standard of care
Not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific "sudden emergencies". There has been an increased interest in the ACDA codified as a universal standard of care
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care.
The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been b ...
that has been brought about by recent technological and social changes such as event data recorders, dashcams, self-driving cars, safe cities and multi-use movements, and a movement to reduce claims by speeders against governments for "dangerous conditions" when operating speeds exceed a road's inferred design speed.
Collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with EDR's precisely preserving "a state of facts" often repeated with differing trial outcomes, collisions are less a question of fact, but of law. Electronic access to precise EDR data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. Furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
Und ...
for their programming of law-abiding self-driving vehicles. It is foreseeable that two self-driving car makes can collide because their algorithm of the law letter is different; a resolvable issue that has been troubling human drivers for decades. The ACDA is a standard with descriptive mathematics, much of which are used in reverse by road engineers when designing or re-engineering roads to a speed criteria—for which its users were expected to follow.
Determining the ACDA
Static ACDA
Forward "line-of-sight" distance
The range of visibility of which is the ''de facto'' ACDA, is usually that distance before which an ordinary person can see small hazards—such as a traffic cone or buoy
A buoy (; ) is a buoyancy, floating device that can have many purposes. It can be anchored (stationary) or allowed to drift with ocean currents.
History
The ultimate origin of buoys is unknown, but by 1295 a seaman's manual referred to navig ...
—with 20/20 vision. This distance may be attenuated by specific conditions such as atmospheric opacity,[ Driver traveling at 35 MPH when rain limited visibility to 25 feet held negligent when 65 feet were required to stop car on wet road. Se]
California Official Reports: Online Opinions
/ref> blinding glare, darkness,[ Se]
California Official Reports: Online Opinions
/ref> road design,[ Se]
California Official Reports: Online Opinions
/ref> and adjacent environmental hazards including civil and recreational activities, horse-drawn vehicle, ridden animal, livestock, deer, crossing traffic, and parked cars. The ACDA may also be somewhat attenuated on roads with lower functional classification.[
Se]
Official Reports Opinions Online
/ref>[
Se]
Official Reports Opinions Online
/ref>
This is because the probability
Probability is a branch of mathematics and statistics concerning events and numerical descriptions of how likely they are to occur. The probability of an event is a number between 0 and 1; the larger the probability, the more likely an e ...
of spontaneous traffic increases proportionally to the density of road access points, and this density reduces the distance a person exercising ordinary care can be assured that a road will be clear; such reduction in the ACDA is readily apparent from the conditions, even when a specific access point or the traffic thereon is not.[
Se]
Huetter v. Andrews, 91 Cal. App. 2d 142
Berlin v. Violett, 129 Cal.App. 337
Reaugh v. Cudahy Packing Co., 189 Cal. 335
an
/ref> Furthermore, even though a through-driver may typically presume all traffic will stay assuredly clear when required by law, such driver may not take such presumption when circumstances provide actual knowledge under ordinary care that such traffic cannot obey the law. During times of darkness, commercial vehicles can see ahead about 250 feet with low beams, and about 350–500 feet with high beams. This clear distance corresponds to a maximum safe speed of 52 mph and 65-81 mph respectively on dry pavement with good tires, which is attenuated further by convex
Convex or convexity may refer to:
Science and technology
* Convex lens, in optics
Mathematics
* Convex set, containing the whole line segment that joins points
** Convex polygon, a polygon which encloses a convex set of points
** Convex polytop ...
and lateral road curvature; safe speed is always dynamic. Non-commercial vehicles have even shorter lighting distances. Drivers commonly drive the maximum posted speed limit at night, often in violation of the ACDA rule and this shows up in accident data.
=Intersections
=
As a corollary to the rule that drivers generally must not pose an "immediate hazard" upon where or when they cannot assure such distance ahead is clear, it follows that others may presume that no vehicle is posing an "immediate hazard" from beyond where they can see with proper lookout. Where there are cross roads or side roads with view obstructions, the assured clear distance terminates at the closest path of potential users of the roadway until there is such a view which assures the intersection will remain clear. In such situations, approach speed must be reduced in preparation for entering or crossing a road or intersection or the unmarked pedestrian crosswalks and bike paths they create because of potential hazards. This jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
arises in-part because of the known difficulty in estimating the distance and velocity of an approaching vehicle, which is psychophysically explained by its small angular size and belated divergence from an asymptotically null rate of expansion, which is beyond the subtended angular velocity detection threshold (SAVT) limits of visual acuity
Visual acuity (VA) commonly refers to the clarity of visual perception, vision, but technically rates an animal's ability to recognize small details with precision. Visual acuity depends on optical and neural factors. Optical factors of the eye ...
by way of the Stevens' power law
Stevens' power law is an empirical relationship in psychophysics between an increased intensity or strength in a physical stimulus and the perceived magnitude increase in the sensation created by the stimulus. It is often considered to supersed ...
and Weber–Fechner law
The Weber–Fechner laws are two related scientific law, scientific laws in the field of psychophysics, known as Weber's law and Fechner's law. Both relate to human perception, more specifically the relation between the actual change in a physica ...
, until the vehicle may be dangerously close; subjective constancy and the visual angle illusion may also play a role. Vehicles that are approaching an intersection from beyond the SAVT limit cannot be reliably distinguished between moving or parked, though they may be traveling at such an imprudent speed as to pose an immediate hazard. In this circumstance, it is impossible for the entering driver to have fair notice that his or her contemplated conduct is forbidden by such hazard, and any legal expectation to the contrary would implicate violating the vagueness doctrine of the US Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitut ...
. It is the duty of the through-driver to decelerate and apply the ACDA principle specifically to the intersection.
See Table of detection thresholds.
When approaching an un-signalized intersection controlled by a stop sign
A stop sign is a traffic sign designed to notify drivers that they must come to a complete stop and make sure the intersection (road), intersection (or level crossing, railroad crossing) is safely clear of vehicles and pedestrians before contin ...
, the assured clear distance ahead is:
:
Normal acceleration "" for a passenger vehicle from a stop up to 20 mph is about 0.15g, with more than 0.3g being difficult to exceed. The distance "" is the sum of the measured limit line setback distance—which is typically regulated by a Manual on Uniform Traffic Control Devices, at often between 4 and 30 feet in the United States—and the crosswalk, parking lane, and road shoulder
A shoulder (American English), hard shoulder (British English) or breakdown lane (Australian English) is an emergency stopping lane by the road verge, verge on the outer side of a road or motorway. Many wider freeways, or Limited-access road, ex ...
width. A vehicle accelerating from a stop travels this distance in time while through traffic travels a distance equal to their speed multiplied by that time. The time , for the stopped motorist, is the sum of perception time and the time required to actuate an automatic transmission or shift to first gear which is usually between to one second.
ACDA as a function of horizontal sight distance
Horizontal clearance is measured from the edge of the traveled way to the bottom of the nearest object, tree trunk or shrub foliage mass face, plant setback, or mature growth. Horizontal sight distance is not to be confused with the clear recovery zone which provides hazardous vegetation set-back to allow errant vehicles to regain control, and is exclusive to a mowed and limbed-up forest which can allow adequate sight distance, but unsafe recovery. The height and lateral distance of plants restrict the horizontal sight distance, at times obscuring wildlife which may be spooked by an approaching vehicle and run across the road to escape with their herd
A herd is a social group of certain animals of the same species, either wild or domestic. The form of collective animal behavior associated with this is called '' herding''. These animals are known as gregarious animals.
The term ''herd'' ...
. This principle also applies to approaching vehicles and pedestrians at uncontrolled intersections and to a lesser degree by un-signalized intersections controlled by a yield sign. Horizontal sight distance "" affects the ACDA because the time it takes for an intercepting object, animal, pedestrian, or vehicle with speed "" to transverse this distance after emerging from the proximate edge of lateral visibility affords a vehicle with speed "" a clear distance of "". Thus, the assured clear intercept distance "" is:
:
The faster one drives, the farther down-road an interceptor must be in order to be able to transverse the horizontal sight distance in time to collide, however this says nothing of whether the vehicle can stop by the end of this type of assured clear distance. Equating this distance to the total stopping distance and solving for speed yields one's maximum safe speed as purely dictated by the horizontal sight distance.
Dynamic "following" distance
The ACDA may also be dynamic as to the moving distance past which a motorist can be assured to be able to stay clear of a foreseeable dynamic hazard—such as to maintain a distance as to be able to safely swerve around a bicyclist should he succumb to a fall—without requiring a full stop beforehand, if doing so could be exercised with due care towards surrounding traffic. Quantitatively this distance is a function of the appropriate time gap and the operating speed: . The assured clear distance ahead rule, rather than being subject to exceptions, is not really intended to apply beyond situations in which a vigilant ordinarily prudent person could or should anticipate. A common way to violate the dynamic ACDA is by tailgating.
Measurement
The most accurate way to determine the ACDA is to directly measure it. Whereas this is impractical, sight distance formulas can be used with less direct measurements as rough baseline estimates. The empirical
Empirical evidence is evidence obtained through sense experience or experimental procedure. It is of central importance to the sciences and plays a role in various other fields, like epistemology and law.
There is no general agreement on how t ...
assured clear distance ahead calculated with computer vision
Computer vision tasks include methods for image sensor, acquiring, Image processing, processing, Image analysis, analyzing, and understanding digital images, and extraction of high-dimensional data from the real world in order to produce numerical ...
, range finding, traction control, and GIS, such as by properly programming computer hardware used in autonomous cars, can be recorded to later produce or color baseline ACDA and safe speed maps for accident investigation, traffic engineering, and show disparities between safe speed and 85th percentile "operating" speed. Self-driving cars may have a higher safe speed than human driven vehicles for a given ACDA where computer perception-reaction times are nearly instantaneous.
Discretion
The Assured Clear Distance Ahead can be subjective to the baseline estimate of a reasonable person
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts an ...
or be predetermined by law. For example, whether one should have reasonably foreseen that a road was not assuredly clear past 75–100 meters because of tractors or livestock which commonly emerge from encroaching blinding vegetation is on occasion dependent on societal experience within the locale. In certain urban environments, a straight, traffic-less, through-street may not necessarily be assuredly clear past the entrance of the nearest visually obstructed intersection as law. Within the assured clear distance ahead, there is certainty that travel will be free from obstruction which is exclusive of a failure to appreciate a hazard. Collisions generally only occur within one's assured clear distance ahead which are "unavoidable" to them such that they have zero comparative negligence including legal acts of god and abrupt unforeseeably wanton negligence by another party. Hazards which penetrate one's proximate edge of clear visibility and compromise their ACDA generally require evasive action.
Drivers need not and are not required to precisely determine the maximum safe speed from real-time mathematical calculations of sight distances and stopping distances for their particular vehicle. Motor vehicle operators of average intelligence are constantly required to utilize their kinesthetic memory in all sorts of driving tasks including every time they brake to a full stop at a stop line in a panoply of conditions. Like throwing a softball, one does not have to mathematically calculate a trajectory or firing solution in order to hit a target with repeated accuracy. During the earliest stages of learning how to drive, one develops a memory of when to start braking (how long it takes) from various speeds in order to stop at the limit line. While there may be a degree of variance of such skill in seasoned drivers, they generally do not have the discretion in engaging in a behavior such as driving a speed above which no reasonable minds might differ as to whether it is unsafe or that one could come to a stop within the full distance ahead.
Seconds of distance to stop rule
Drivers and law enforcement alike can apply elementary level arithmetic towards a rule of thumb
In English language, English, the phrase ''rule of thumb'' refers to an approximate method for doing something, based on practical experience rather than theory. This usage of the phrase can be traced back to the 17th century and has been associat ...
to estimate minimal stopping distance in terms of how many seconds of travel ahead at their current speed. For speed "" in miles per hour, this rule of thumb is as follows:
:::
If this distance is greater than the ACDA, they need to decelerate. While most experienced drivers develop a broad intuition
Intuition is the ability to acquire knowledge without recourse to conscious reasoning or needing an explanation. Different fields use the word "intuition" in very different ways, including but not limited to: direct access to unconscious knowledg ...
required by everyday braking, this rule of thumb can still benefit some to recalibrate expectations for rare hard braking, particularly from high speeds. Additional simple corrections can be made to compensate for the environment and driving ability.
ACDA rule-specific case generalized to the Basic Speed Law
The ACDA distances are a principal component to be evaluated in the determination of the maximum safe speed (VBSL) under the basic speed law, without which the maximum safe speed cannot be determined. As mathematical statements are more precise than verbal statements alone, the relation of the ACDA as a subset
In mathematics, a Set (mathematics), set ''A'' is a subset of a set ''B'' if all Element (mathematics), elements of ''A'' are also elements of ''B''; ''B'' is then a superset of ''A''. It is possible for ''A'' and ''B'' to be equal; if they a ...
of the basic speed rule for land based vehicles may be objectively quantified as follows:
: