First, it takes more than just changing the wording of a law to change the way people behave. If it was as easy as changing one word, sentence or paragraph, that would be amazing. None-the-less, I would personally (the following is not the position of the City of Madison or any other organization I am affiliated with) like to see the state/national law read: "drivers shall stop for pedestrians in or approaching a marked or unmarked crosswalk", or something to that effect.
Generally, the legal authority for local units of government to enact local traffic laws different from state laws is limited. Also, when different local traffic laws are permitted, the local law is not in effect unless it is appropriately signed, giving notice to drivers of the local difference from state laws. This does not, however, prevent local jurisdictions for enacting different laws. It just means that the local laws, if not permitted by state statute, or if permitted but not appropriately signed, are not enforceable if challenged in court. I have e-mailed a colleague in California to see if local governments the can and/or have passed laws requiring drivers to stop for pedestrians in crosswalks. I'll forward her comments to the list when I receive them. In the meantime, I did a little more digging on this on-line and came up with the following: California's vehicle code does prohibit local ordinances that differ from the state statutes unless the state statutes specifically give permission to differ. California VEHICLE CODE General Provisions SECTION 21. Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the State and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein. Regulations that local authorities can enact are listed in sections 21100 - 21117 21000 Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters: . . . I did not see right of way at crosswalks as something that local governments could regulate. See http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21100-21117 Just to confuse matters, the California Drivers Manual instructs drivers to stop for pedestrians in one bullet, and to yield to pedestrians in another. http://www.dmv.ca.gov/pubs/hdbk/pgs19thru22.htm#pedestrians Pedestrians Pedestrian safety is a serious issue. One in six traffic fatalities is a pedestrian. Drive cautiously when pedestrians are near because they may cross your path. A pedestrian is a person on foot or who uses a conveyance such as roller skates, skateboards, etc., other than a bicycle. A pedestrian can also be a person with a disability in a self-propelled wheelchair, tricycle, or quadricycle. � Always stop for any pedestrian crossing at corners or other crosswalks. Do not pass a car from behind that has stopped at a crosswalk. A pedestrian you can't see may be crossing. � Do not drive on a sidewalk, except to cross it at a driveway or alley. When crossing, yield to any pedestrian. � Remember-if a pedestrian makes eye contact with you, he or she is ready to cross the street. Yield to the pedestrian. � Pedestrians have the right-of-way at corners, whether or not the crosswalks are marked by painted white lines. In the course of looking for the California laws, I also found that Minnesota has the stop for pedestrians law. Minnesota law 169.21 Pedestrian Subd. 2. Rights in absence of signal. (a) Where traffic-control signals are not in place or in operation, the driver of a vehicle shall stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. The driver must remain stopped until the pedestrian has passed the lane in which the vehicle is stopped. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions as otherwise provided in this subdivision. Arthur _______________________________________________ Bikies mailing list [EMAIL PROTECTED] http://www.danenet.org/mailman/listinfo/bikies
