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Pedestrian crossing.
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Charge

Failure of a driver of any vehicle to accord precedence to a pedestrian within the limits of an uncontrolled pedestrian crossing

'Zebra' Pedestrian Crossings Regulations 1971, reg 8 (or 'Pelican' Pedestrian Crossings Regulations 1987, reg 17); Road Traffic Regulation Act 1984, s 25(5)

Maximum penalty - Fine of level 3. If the offence was committed in a motor vehicle, the court may disqualify for any period and/or until a driving test has been passed. Must endorse unless special reasons exist.

Penalty points - 3. Fixed penalty - £60 (3PP)
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Vehicle. A bicycle is a vehicle (but not in the case of offences of stopping in an area adjacent to a zebra crossing.

Zebra crossing. A driver should approach such a crossing in a manner that enables him to stop before reaching it, unless he can see there is no pedestrian on the crossing.

The law imposes a very strict duty on the driver and the prosecution has the advantage of not having to prove any negligence or want of care. It would, however, be a sufficient defence to satisfy the magistrates that the failure to accord precedence was due to circumstances over which the defendant had no control (eg being attacked by a swarm of bees, or a sudden brake failure).

The High Court in Scotland has held that where a woman was pushing her child in a pram and the pram was on the crossing but she herself had not actually stepped on to the crossing, the mother had the right of way.

The limits of the crossing are marked by studs bordering the striped lines. The broken white line along the striped crossing is to indicate where vehicles should give way.

The sections of pedestrian crossings on each side of a dual carriageway, central street refuge or reservation are considered to be two separate crossings.

A crossing may still legally remain a crossing even if one or more of its stripes are missing, discoloured or imperfect, or if a globe or one of its lights is missing, or even if some of the studs have disappeared. The magistrates should consult the legal adviser if a submission is made on any of these matters.

The regulations require pedestrians to cross 'with reasonable dispatch'.

On each side of crossings are zigzag lines parallel to the carriageway. These indicate the 'area controlled by the crossing'. On the approach side of the crossing it is an offence for a vehicle to overtake another vehicle in that area if that vehicle is either the only other vehicle in the area or is the nearest vehicle of several to the crossing. 'Overtaking' includes allowing part of the rearmost vehicle to pass the front of the overtaken vehicle, a complete passing is not necessary. The prohibition on overtaking does not apply if the overtaken vehicle is stationary otherwise than to allow pedestrians to cross (eg if it is waiting to turn left or right) or if the crossing is for the time being controlled by a policeman or traffic warden, but it applies where a vehicle has stopped to wait for pedestrians to step on to the crossing, for example as a courtesy. It also applies when the pedestrians have passed the stationary vehicle which is overtaken.

Pelican crossings. Similar provisions apply. A vehicle approaching such a crossing shall proceed with due regard to the safety of other users of the road. When a red light shows the vehicle must stop, similarly where a constant amber light shows, a vehicle must stop except where the vehicle cannot safely be stopped in line with the signal. Where there is a flashing amber light, a vehicle must accord precedence to pedestrians already on the crossing. Failure to comply with any of the regulations is an offence with a maximum penalty of a fine on level 3.

Pedestrian. A person walking and pushing a bicycle is a pedestrian. He ceases to be a pedestrian if he uses the bicycle to carry him, for example, by placing one foot on a pedal and pushing himself along with the other.

Precedence means allowing the pedestrian to go before the vehicle. Once the pedestrian has safely passed the vehicle's line of travel the vehicle may proceed even though the pedestrian is still on the crossing.
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