I read the Victoria Times Colonist on line each morning and a story about jaywalking caught my attention. After reading the story all I am left with is the feeling that the situation was poorly explained and readers might decide that the police should have been doing more important things than enforcing pedestrian bylaws.
A spokesperson for the City of Victoria says that jaywalking is allowed in the area under discussion because of an exemption to the traffic bylaw used to promote a pedestrian friendly area.
History of Jaywalking
The practice was born from the continuing evolution of the motor vehicle and the streets that it ran on. In the beginning when vehicle speeds were 16 km/h or slower, one simply walked across wherever they wished to. As vehicle speeds increased, this became a dangerous thing to do if a pedestrian didn't exercise some caution. The power of shame was applied to people who had the audacity to cross anywhere other than at the intersection.
Jaywalking is something that everyone does and it isn't always a bad thing to do.
The Law
The two sections in the Motor Vehicle Act that regulate pedestrians not in a crosswalk only do so when the pedestrian has either failed to yield to vehicular traffic or stepped off the curb at a time when the driver could not yield to them even if they tried to. Both of these situations are dangerous, interrupt traffic flow and potentially result in injury or death. The adults being dealt with in this story for failing to yield that feel put upon definitely know better and have no room to complain.
Jaywalking may be prohibited on streets within municipal boundaries, but only if the municipality has created a bylaw to discourage it.
Mid Block Crossing May Be Safer
Mid-block crossings can be safer than crosswalks at intersections because drivers have fewer demands on their attention and are more likely to see and react to pedestrians. Whether this extends to random crossings rather than a marked mid-block crossing depends on the level of risk that a pedestrian is willing to take.
Crash Data
In 2020, I.C.B.C. collision statistics report that 1,600 collisions injured 1,500 and killed (in 2019) 49 people in our province. This is a significant decrease from previous years. About 40% of these collisions resulted from the pedestrian doing something that involved them in the collision rather than being the fault of the driver.
Pedestrians Are Responsible Too
It's not reasonable to only deal with the drivers. Pedestrians must shoulder their share of the responsibility and perhaps need a refresher on how to cross the road safely.
Reference Links
- The Rules of Jaywalking - Dave Does the Blog
- Street Rivals - Jaywalking and the Invention of the Motor Age Street
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I live in West Vancouver and - last I heard - crossing mid-block is not illegal. Iâve even observed cops doing it and they would never break the law: Would they? However, if the pedestrian is struck, itâs their fault.
Personally, as a driver or pedestrian, Iâve never had a problem with this. Matter of fact, if one crosses at an intersection there are four directions from which a driver can kill you. But, if one crosses mid-block there are only two directions to be killed from.
One of my little peeves dates back to my life in Ontario. There, they have an excellent crosswalk system for which the rules are strictly enforced. Firstly, the pedestrian must indicate by an outstretched arm their intent to cross the road. (How many times have you come to an intersection with somebody standing as inert as a fire hydrant and you, as driver, have no idea what their purpose is ) Also, driving lanes are clearly marked by big âXâs 50â(?) either side of the crosswalk. Any vehicle travelling through but outside the âXâ is obligated to stop when a pedestrian has signalled.
Simple, clear & unambiguous. Why canât BC adopt such a system?
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Interesting point on the outstretched arm. My experience was from years ago and thatâs what we were taught at the time. Apparently, Ontario changed the rules in 2016. From my review, there is no longer any explicit mention of outstretching oneâs arm however it is incumbent on the pedestrian to âclearly indicate they intend to crossâ.
If you check the first âhow toâ video in this link put out from Hamilton, Ontario the presenter does suggest exactly that: Extending oneâs arm to indicate to the driver they intend to cross.
https://www.hamilton.ca/streets-transportation/driving-traffic/pedestriâŠ
Another key difference from BC, I notice, is that the Ontario rules for pedestrian crossovers require the vehicle to fully stop until the pedestrian has completely crossed and off the roadway.
Unfortunately now, I have to adjust my own behaviour on this. I also noticed the rules in BC require my vehicle to remain stopped while the pedestrian is in my half of the roadway. Oops! I usually figure itâs Ok to drive on once the pedestrian is at least 6â past my car. My bad!
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That was good, eh?
Then there's the individuals who stand around on the corner (or the pedestrian bulge, even), yacking into their cell phone, and it's challenging to tell if they're wanting to cross the road or just stand in the way of everyone else while they screw up traffic. Especially at 4-Way stops ...
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I lived in Toronto in the 1980s, which at the time had a high tolerance for crossing mid-block, even on major 4-lane roadways. Drivers simply trusted that pedestrians would stay put on the curb or centreline until there was a break in traffic allowing them to proceed across the road.
When I moved to the Maritimes I was shocked (embarrassed?) at the driver culture: drivers would come to a halt mid-block to allow pedestrians to cross in front of them, and would wave me across - even if I wasnât planning to cross. I took to standing with my back to the road to avoid such situations.
BC is somewhere in the middle?
Likely a good thing...
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in general Iâve never found the news media to be a great source for information about laws, of any type.
First off,, What is âJaywalkingâ ? The Wikipedia link you posted states: âJaywalking occurs when a pedestrian walks in or crosses a roadway that has traffic, other than at a suitable crossing point, or otherwise in disregard of traffic rulesâ.
Wikipedia should have defined âsuitableâ, but âthat has trafficâ isnât relevant to Jaywalking in any bylaw in BC that Iâve seen, and âotherwise in disregard to traffic rulesâ, could and would include a pedestrian disobeying a traffic light, which is NOT jaywalking, it a different offense.
Like Wikipedia, some think jaywalking is âany illegal crossing of a roadwayâ, including crossing at an intersection while the traffic light regulating your direction of travel is red.
Others think itâs âcrossing a roadway mid blockâ.
Any legislative authority can define an offense. So âjaywalkingâ could be defined in a municipal bylaw as anything the municipality wanted, however generally the way in which the City of Vancouver in itâs Street and Traffic Bylaw has defined it, is generally accepted as the definition of âjaywalkingâ
From the City of Vancouver Street and Traffic Bylaw 2849 -
"Jaywalk" means to cross a roadway, not being a lane, at any place which is not within a crosswalk and which is less than one block from an intersection at which traffic control signals are in operation.
In other words if an intersection with a traffic light is less than a block away, you must cross at that intersection, the exception is if there is a crosswalk where you are crossing even if there is a traffic light within one block.
So you want to cross a street, you a mid block, and although the street may be wide and busy if you are more than a block from an intersection CONTROLLED BY A TRAFFIC LIGHT you can legally cross the roadway. Taking into account the two rules in the Motor Vehicle Act, that you cant just step out and fail to yield to a vehicle or without giving vehicles a chance to stop.
Pretty simple.
Why do municipalities need a Jaywalking Bylaw ? Because the provincial traffic laws donât provide for that circumstance.
The glaring problem,,,, letâs take a fairly large city in the interior of BC, Kelowna. They donât have a Jaywalking Bylaw. So you are downtown, standing at a major intersection controlled by a traffic light, you get fed up waiting for the light to turn green, or the âwalkâ signal to come on. If you cross against the red light or the âdonât walkâ signal you a subject to a ticket for being a pedestrian disobeying a traffic control device BUT if you move to the area just outside the intersection and cross there, you have not committed any offense as long as you yielded to any vehicles. The same goes for anywhere on that street in Kelowna, and most smaller cities. Five feet from the intersection or mid block, you are not committing an offense.
Thatâs why jaywalking bylaws are required. I guess as small town grow and grow at some point they outgrown the bylaws that were in place when there wasnât the traffic volume.
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Thank you for an excellent overview of the pedestrian/vehicle conflict and how it is addressed in traffic law. It is unfortunate that so many people, both drivers and pedestrian, have inadequate understanding of their rights and responsibilities in this regard. The consequences are tragic. As with so many areas of traffic safety, ignorance is lethal as it shapes how individuals behave.
Perhaps the best laws to pay attention to are the laws of physics, in which mass times velocity generates the energy that is so lethal to pedestrians. The old expression âlook before you leapâ should be prominent in our consciousness on the road, either in our vehicles or on foot. It doesnât matter who is supposed to be yielding to the other party â donât put your body at risk in front of oncoming vehicles. Itâs really that simple.
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Ontario