Question: Please comment on the subject of when a vehicle claims the crosswalk and what pedestrians must do and not do in that situation. Pedestrians seldom wait for vehicles that have lawfully claimed the crosswalk. Sometimes they get upset with drivers and now there is conflict while the driver attempts to complete a maneuver and the pedestrian actively impedes the flow of traffic.
Claiming the Crosswalk
Drivers don't claim the crosswalk, pedestrians do. The Motor Vehicle Act only allows a driver to stop on a crosswalk in a few specific circumstances:
189 (1) Except when necessary to avoid conflict with traffic or to comply with the law or the directions of a peace officer or traffic control device, a person must not stop, stand or park a vehicle as follows:
(e) on a crosswalk;
Watch any intersection with a crosswalk these days and I dare say that you will not find many drivers who behave properly. It is more common to find them making their initial stop either partly or fully on top of the crosswalk, especially if it is unmarked.
Pedestrians Outside Crosswalks
When the road is busy it is also possible to find pedestrians who are unwilling to wait for drivers. If it is not possible to stay within the boundaries of the crosswalk a pedestrian must wait for the vehicle to proceed:
180 When a pedestrian is crossing a highway at a point not in a crosswalk, the pedestrian must yield the right of way to a vehicle.
The section does not make a distinction between drivers who have stopped legally and those that have not.
A Sense of Entitlement
Problems occur when road users have a sense of entitlement. No one likes to wait but safe road use means co-operation, not competition.
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Perhaps when discussing something we should first understand the definition of the subject of the discussion.
I wonder how many reading this article think a crosswalk is only where there are two parallel lines painted on the road where pedestrians should walk.
We frequently hear news reports talking about "a marked crosswalk" as though "marked" gives a location where pedestrians cross, more rights, or vehicles more responsibility to crossing pedestrians.
From the Motor Vehicle Act of BC:
"crosswalk" means
(a) a portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, or
(b) the portion of a highway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of the highway, or within the extension of the lateral lines of the sidewalk on one side of the highway, measured from the curbs, or in the absence of curbs, from the edges of the roadway;
You will note that "(b)" doesn't mention anything about "lines".
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This statement from the highways code surprised me: "180 When a pedestrian is crossing a highway at a point not in a crosswalk, the pedestrian must yield the right of way to a vehicle." I had always been taught that the second a pedestrian sets foot on the road, vehicles must stop. Is this different in other provinces perhaps?
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I find that I drive two different ways depending on the vehicle I am driving.
I stop at the stop line and if driving my pickup will stay till I can see it is safe to pull out then proceed from the stop line. However when driving the car and if it is a pickup or even most SUV's parked on the road I stop at the line then proceed to pull onto the crosswalk as the taller vehicles block ones line of sight. So yes I am claiming the sidewalk strictly as one can not see if a vehicle is approaching to safely pull out.
Have conflicting thoughts on this. When driving the car I feel that pickups and SUV should not be allowed to park on the street. This could easily be remedied by changing the by-laws to ban street parking for same. Then on the days I am driving the pickup while it should be okay. But I really do believe there should a ban for large vehicles to park in the last parking spot before an intersection. This problem is amplified with the speed of the approaching vehicle.
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Definition of a Crosswalk