Dear Cop - Right Of Way

In a newspaper column recently it was stated that pedestrians have the Right-of-Way at marked and cross-hatched crossings, but not at unmarked/un-hatched corners. Yet I remember reading in a newspaper here about 10/11 years ago, in a column similar to yours in a BC paper (also written by a police officer), that ALL corners, marked or unmarked, cross-hatched or not, are LEGAL pedestrian crossings, and that drivers MUST give way to a pedestrian wishing to cross.

Has the law changed in the past ten years or so, or if not, why the difference in the two statements?

Section 178 of the Motor Vehicle Act dealing with pedestrians has been repealed and no longer exists. The laws in B.C. now indicate that pedestrians have the right-of-way when crossing at an intersection with traffic control lights as long as the pedestrian is crossing in accordance with the appropriate "walk" signals.

If an intersection has traffic control lights and no pedestrian walk signals, pedestrians have the right-of-way as long as the pedestrian is crossing with the green light. Pedestrians crossing at a marked cross walk have the right-of-way over vehicles.

The sections dealing with pedestrians are as follows:

Rights of way between vehicle and pedestrian
Section 179 (1) of the Motor Vehicle Act indicates that subject to section 180, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place or not in operation when the pedestrian is crossing the highway in a crosswalk and the pedestrian is on the half of the highway on which the vehicle is traveling, or is approaching so closely from the other half of the highway that he or she is in danger.
(2) A pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.
(3) If a vehicle is slowing down or stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, the driver of a vehicle approaching from the rear must not overtake and pass the vehicle that is slowing down or stopped.
(4) A pedestrian, cyclist or the driver of a motor vehicle must obey the instructions of an adult school crossing guard and of a school student acting as a member of a traffic patrol where the guards or students are
(a) provided under the School Act, or
(b) authorized by the chief of police of the municipality as defined in section 36 (1).

Pedestrians Crossing at other than crosswalk
Section 180 of the Motor Vehicle Act indicates that 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.

Duty of driver
181 Despite sections 179 and 180, a driver of a vehicle must
(a) exercise due care to avoid colliding with a pedestrian who is on the highway,
(b) give warning by sounding the horn of the vehicle when necessary, and
(c) observe proper precaution on observing a child or apparently confused or incapacitated person on the highway.

Constable R.A.(Richard) ASELTON
Central Okanagan Traffic Services - Media Liaison

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.