DriveSmart BC: Claiming the Crosswalk
By DriveSmartBC
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.
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.
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.
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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