Pedestrian crossing traffic ticket?

[bksze]

Had a little discussion with a friend today and wasn't sure of the answer. Google didn't yield anything substantial.

Awhile back, Calgary passed a new bylaw that stated driving through a pedestrian crossing while the pedestrian was still in the crosswalk deemed a $500 fine.

So how does one turn left or right during downtown rush hour? Essentially, you have to turn when there is an opening, which is in itself a small window of opportunity. If you had to worry about the pedestrians clearing the crosswalk on the otherside, you would never get a chance to turn.

I'm talking one way onto one way.

Thanks

[DayGlow]

It isn't a Calgary Bylaw, but under the TSA, and it's a $575 fine.

As for waiting for the pedestrian to completely clear the crosswalk, that's an urban myth that seems to have started in traffic schools.

The courts look for evidence that if the pedestrian didn't check their step or take other action would they have been hit by the car, not if a car passes by them 15 feet away while they are in the crosswalk.

[88CRXGUY]

Have they really inforced this law? I've only heard of a few people getting tickets for doing it.

[DayGlow]

I've written it a few times. Last one was a taxi that decided he didn't want to wait for someone crossing the road. The person had to stop walking or they would have been hit by the taxi.

[G-ZUS]

I know 2 guys who had gotten this ticket

[pinoyhero]

During rush hour, your left to wait for the flashing hand which mean the pedestrain is to not start crossing. I don't think it is but leaving the sidewalk on a flashing hand should be a ticket as well.

[rage2]

^^^ it is. I've seen cops dishing out those tickets by crack macs downtown before.

[Jay911]

Originally posted by DayGlow
I've written it a few times. Last one was a taxi that decided he didn't want to wait for someone crossing the road. The person had to stop walking or they would have been hit by the taxi.

Wups, quoted the wrong post.. but it's you I wanted to direct this to anyway..

You're saying that the "rule" that the pedestrian must actually make contact with the opposing sidewalk before traffic enters the crosswalk is not actually a rule? So long as you don't cause a pedestrian to have to take evasive action (so to speak) you're not contravening at least that part of the law?

I thought I heard back when the fine rose to ~$500 that the person had to be completely across.

[DayGlow]

my understanding from case law from traffic court is that the pedestrian has to stop their motion to avoid being hit. Does this mean that some cop might write you for less? Could very well, but in court it won't stand up if their evidence was that the pedestrian was 20ft from you when you went through the intersection.

[spikerS]

it was my understanding that a vehicle could not enter a crosswalk while a pedestrian was still in it. the whole curb to curb thing. they were even saying this on the radio, and since then, have seen 4 lanes of traffic stopped while grandpa with his walker goes across.

[old&slow]

^so granpa is not allowed to cross the street?

[broken_legs]

I think it's a stupid law that you should have to wait for the pedestrian to go from curb to curb.


Especially since most pedestrians think that they can cross the road whenever they feel like it.

If the sign is red then they should get a ticket.


Try that crap in New York, or in another country like in the UK or maybe Egypt or Mexico and you will get your ass run over. Pedestrians there have respect for vehicles not like here.

[rmk]

I would think it would also come down to the Cop himself and how pickey or busy he is. To be safe, you should let them cross the full way.

[Big Dangerous]

I love waiting for some broke idiot to waddle their fat ass across the street.

[Strider]

I was under the impression that it was curb to curb if it's undivided (no median), and half way across if there is a median.

Dayglow, can you post the relevant section of the TSA?
Also, you state that it wouldn't hold up in court if there's evidence that the pedestrian was 20 ft away from the car... but what could possibly hold up as evidence (short of a dash cam)? It would come down to cops word vs driver's, and the driver would lose.

[BlueGoblin]

This is what the TSA-RORR says about yielding to pedestrians, amongst other things.


Yielding to pedestrians

41(1) A person driving a vehicle shall yield the right of way to a pedestrian crossing the roadway within a crosswalk.

(2) Where a vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, a person driving any other vehicle that is approaching the stopped vehicle from the rear shall not overtake and pass the stopped vehicle.

(3) At any place on a roadway other than at a crosswalk, a person driving a vehicle has the right of way over pedestrians unless otherwise directed by a peace officer or a traffic control device.

(4) Nothing in subsection (3) relieves a person driving a vehicle from the duty of exercising due care for the safety of pedestrians.


Basically you have to yield the right of way so once the pedestrian has passed, you can go, allowing for a basic margin of safety and comfort. You are obligated to yield though if the pedestrian has entered the intersection even if the road is wide and the pedestrian is slow.