Pedestrians and the Law
The Ontario Highway Traffic Act “regulates all behaviour on Ontario roads. If the Act does not specifically prohibit an activity, then that activity is not governed by the Act and is therefore legal.” 01
Was this Act impacted by the the Municipal Statute Law Amendment Act, 2002?
Uncontrolled Locations
Liberty to Cross
The HTA doesn’t say anything about pedestrians crossing roads at locations where there isn’t any traffic control (i.e. traffic lights, stop signs, or a crosswalk). Which means that pedestrians are at liberty to cross there, subject to…” 01
Caveat: The Exercise of Due Care
Common law. “Basically, that means exercising common sense on both sides — cars have to avoid hitting pedestrians, pedestrians have to avoid putting themselves in danger. 01
Case law (Segal, 313): “In the absence of statutory provisions or by-law a pedestrian is not confined to a street crossing or intersection, and is entitled to cross at any point, although greater care may then be required of him or her at crossing.” 01
Part XI of the HTA (‘Civil Proceedings’) goes even further, perhaps because the stakes in a car-pedestrian collision are not even (the pedestrian will suffer far more). Section 193 (1) states: “When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.” 01 [note — highway here means any road]
Note that the HTA definition of a ‘highway’:
- includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.
Caveat: City May Designate Controlled Locations
While the provincial laws are very permissive, however, municipalities have the ability to create by-laws governing pedestrian crossings at uncontrolled locations. 01
If these powers are used (as in a crosswalk with overhead flashing lights on demand) then people’s behaviour is further restricted. This evening I’m confusing myself between “crosswalk” and “pedestrian crossover.” (“crosswalk” — area of intersection, or surface marking or signs governed mostly by s.144; “pedestrian crossover” — marked on road surface or by signs governed mostly by s.140) 02
Uncontrolled Intersection
The HTA definition of an intersection is:
- the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other.
Under Part X of the HTA (‘Rules of the Road’), section 135 (‘Right of way at Uncontrolled Intersection’), subsection (1) seems to imply that the definition of ‘uncontrolled intersection’ in whole or in part is “where an intersection is not controlled by a stop or yield sign or a traffic control signal system.”
Note well however that section 135 only refers to the right of way between two approaching vehicles, and makes no mention of the right of way when there is a pedestrian present.
Controlled Locations
Signalized Intersection
The HTA definition of a ‘traffic control signal’ is:
- that part of a traffic control signal system that consists of one set of no less than three coloured lenses, red, amber and green, mounted on a frame and commonly referred to as a signal head.
The HTA definition of a ‘traffic control signal system’ is:
- all of the signal equipment making up the installation at any location.
Crosswalk
The HTA definition of a crosswalk is:
- (a) that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or
- (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface
So every intersection has a ‘crosswalk’ regardless of whether there are signs or surface markings or not, but at all roadway locations there do have to be signs or surface markings.
Pedestrian Signals at Controlled Intersections
Is the “don’t walk” symbol merely a warning (i.e. the pedestrian is only legally governed by the traffic signal)? If so, would it be better to replace a flashing hand (don’t start crossing) signal with a flashing walking figure signal?
Traffic controls are set out in Regulation 626 (http://canlii.org/on/laws/regu/1990r.626/20080515/whole.html). 02
I agree that the difference between the meaning of a flashing signal
light can be confusing: advanced green; warning up ahead; signal is out–treat as four-way stop; pedestrians must not begin crossing the road; and other uses no doubt. 02
I like how some foreign jurisdictions combine a few things we use.
First, consistent timing of the amber “about to change” signal. Second, flashing to get attention. Third, longer periods of all-red-lights before changing the direction of traffic to ensure everyone is likely to have stopped. The foreign addition I like most is to use the amber light in both direction: green-amber-red and red-amber-green. I feel that came about for technical reasons in places where manual transmissions are more common, but it makes lots of sense to me as a warning that the signal is about to change. To traffic which was initially stopped, this practically screams that now is the time to “jump the light” because you know the all-red-lights state is about to conclude and you will have a green light. 02
Pedestrian Crossovers
The HTA definition of a pedestrian crossover is:
- any portion of a roadway, designated by by-law of a municipality, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations.
So in order to have the designation of ‘pedestrian crossover’ the municipality has to have passed a by-law and there have to be road signs and surface markings but it doesn’t have to be restricted to an intersection. The road signs and surface markings have to comply with any regulations that have been made under the Act.
Restriction on Pedestrians. According to section 140. (4) of the Act: “No pedestrian or person in a wheelchair shall leave the curb or other place of safety at a pedestrian crossover and walk, run or move the wheelchair into the path of a vehicle or street car that is so close that it is impracticable for the driver of the vehicle or street car to yield the right of way.” This is an entirely reasonable restriction and is consistent with ‘The Exercise of Due Care.’
When a driver is approaching a pedestrian crossover that a pedestrian (or a person in a wheelchair) is in, the duty of that driver is governed by section 140. (1) of the Act: “When a pedestrian or a person in a wheelchair crossing a roadway within a pedestrian crossover,
- (a) is upon the half of the roadway upon which a vehicle or street car is travelling; or
- (b) is upon half of the roadway and is approaching the other half of the roadway on which a vehicle or street car is approaching so closely to the pedestrian crossover as to endanger him or her,
the driver of the vehicle or street car shall yield the right of way to the pedestrian or a person in a wheelchair by slowing down or stopping if necessary.”
Furthermore, when a driver is approaching a pedestrian crossover where another vehicle or street car is already stopped, that driver must be alive to the possibility of a pedestrian (or a person in a wheelchair) in the crossover. In that instance, the duty of that driver is governed by section 140. (2) of the Act: “When a vehicle or street car is stopped at a pedestrian crossover, the driver of any other vehicle or street car overtaking the stopped vehicle or street car shall bring the vehicle or street car to a full stop before entering the crossover and shall yield the right of way to a pedestrian or a person in a wheelchair,
- (a) who is within the crossover upon the half of the roadway upon which the vehicle or street car is stopped; or
- (b) who is within the crossover and is approaching the half of the roadway from the other half of the roadway so closely to the vehicle or street car that he or she is in danger if the vehicle or street car were to proceed.”
Furthermore, a driver approaching a pedestrian crossover may not pass another vehicle within 30 metres of that pedestrian crossover. In that instance, the duty of that driver is governed by section 140. (3) of the Act: “When a vehicle or street car is approaching a pedestrian crossover and is within 30 metres thereof, the driver of any other vehicle or street car approaching from the rear shall not allow the front extremity of his or her vehicle or streetcar to pass beyond the front extremity of the other vehicle or street car.”
Sidewalks
Width & Depth
Sidewalks that are separated from the curb and gutter by a boulevard shall be constructed at 1.5m in width and 100mmin depth using concrete. 03
Sidewalk constructed as curb-face, shall be constructed at 1.8m in width and 100mm in depth. 03
Depth of concrete should be increased to 150mm when sidewalk crosses a commercial access or egress. 03
Depth of concrete shall be increased to 150mm at ramps on collector roads and higher road classifications where a risk exists of vehicles driving over them (refer to City of LondonS R1 .0, 1.1, 1.2, 1.3, 1.4, and 1.5). 03
Replacement/Repair During Reconstruction Projects
Reconstruction projects are to have the sidewalk replaced or repaired if an existing sidewalk is in place. In the absence of a sidewalk the designer is to verify with the Transportation Division – Warranted Sidewalk List to determine if a new sidewalk is to be installed. 04
Bicycle Paths
Width & Depth
Asphalt bicycle paths shall be constructed at 1.5m width on arterial road networks, in accordance with the City of London’s Bicycle Transportation Network Plan. The asphalt depth is to be 50mm and increased to 75mm when the path crosses a commercial access or egress. Refer to the City of London SR-4.0 for further details. The designer is to review and confirm requirements with the Transportation Division. 05
Pedestrian Walkways
Construction
Pedestrian walkways are to be constructed as per City of London SR-7.0. For further design information refer to the Subdivision & Development Guide Manual, Section E.10. 06
Railway Crossings
Bicyclist Warning Signage
All railway crossings at grade in built-up areas shall be protected by the text warning sign “Cyclists Use Caution Crossing Tracks”. 07
Road Safety
Traffic Calming
Traffic calming measures are applied on primary and secondary collectors in residential areas, and occasionally on local roads. They enhance residents’ quality of life by encouraging low traffic speeds and volumes, minimizing conflicts between types of street users, and discouraging through traffic. Traffic calming makes the area safer and more inviting for pedestrians and cyclists, without restricting local motorists’ access to the arterial road network. 08
Sources:
01. 2007/11/20 – SpacingToronto
02. Josh
03. 2.1.15(a)
04. 2.1.15(b)
05. 2.1.15(c)
06. 2.1.15(d)
07. 2.2.1
08. 2.3.1
09.
10.
11.
12.
see: http://www.london.ca/Consultant_Resources/PDFs/02%20-%20Transportation.pdf
