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Pedestrian Crosswalks and Crossovers in Ontario

What is a pedestrian cross over?

pedestrian crossover is a designated crossing area that allows pedestrians to safely cross the road where vehicles must yield to the pedestrianPedestrian crossovers are identified by specific pavement markings and crossing signs

What is the law regarding cross overs?

Pedestrian crossover

Duties of driver

140 (1) When a pedestrian is crossing on the roadway within a pedestrian crossover, the driver of a vehicle approaching the crossover,

(a) shall stop before entering the crossover;

(b) shall not overtake another vehicle already stopped at the crossover; and

(c) shall not proceed into the crossover until the pedestrian is no longer on the roadway. 2015, c. 14, s. 39 (1).

(2) Repealed: 2015, c. 14, s. 39 (1).

Passing moving vehicles within 30 metres of pedestrian crossover

(3) When a vehicle is approaching a pedestrian crossover and is within 30 metres of it, the driver of any other vehicle approaching from the rear shall not allow the front extremity of his or her vehicle to pass beyond the front extremity of the other vehicle. 2015, c. 14, s. 39 (2).

Duty of pedestrian

(4) No pedestrian shall leave the curb or other place of safety at a pedestrian crossover and walk, run or move into the path of a vehicle that is so close that it is impracticable for the driver of the vehicle to comply with subsection (1). 2015, c. 14, s. 39 (2).

Municipal by-laws

(5) No municipal by-law that purports to designate a pedestrian crossover on a highway on which the speed limit is in excess of 60 kilometres per hour is valid.  R.S.O. 1990, c. H.8, s. 140 (5); 2005, c. 26, Sched. A, s. 21 (1).

Riding in pedestrian crossover prohibited

(6) No person shall ride or operate a bicycle across a roadway within a pedestrian crossover. 2015, c. 14, s. 39 (2).

Offence

(7) Every person who contravenes subsection (1) or (3) is guilty of an offence and on conviction is liable to a fine assessed in accordance with section 144.1. 2017, c. 26, Sched. 4, s. 18.

Regulations

(8) The Minister may make regulations respecting pedestrian crossovers,

(a) providing for the erection of signs on any highway or any type or class of highway and the placing of markings on the roadway;

(b) prescribing the types of signs and markings and the location on the highway and roadway of each type of sign and marking;

(c) prohibiting the use or erection of any sign or type of sign that is not prescribed. 2015, c. 14, s. 39 (4).

Definitions

(9) In this section,

“pedestrian” includes a person in a wheelchair;

“vehicle” includes a street car

What is a CrossWalk

A crosswalk is a crossing location usually found at intersections with traffic signals, pedestrian signals or stop signs. A crosswalk can be:

  • the portion of a roadway that connects sidewalks on opposite sides of the roadway into a continuous path; or,
  • the portion of a roadway that is indicated for pedestrian crossing by signs, lines or other markings on the surface of the roadway at any location, including an intersection.

 

Traffic control signals and pedestrian control signals

144 (1) In this section,

“driver” includes an operator of a street car; (“conducteur”)

“emergency vehicle” means,

(a)  a vehicle while used by a person in the lawful performance of his or her duties as a police officer, on which a siren is continuously sounding and from which intermittent flashes of red light or red and blue light are visible in all directions, or

(b)  either of the following vehicles, on which a siren is continuously sounding and from which intermittent flashes of red light are visible in all directions:

(i)  a fire department vehicle while proceeding to a fire or responding to, but not while returning from, a fire alarm or other emergency call, or

(ii)  an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation; (“véhicule de secours”)

“intersection” includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians; (“intersection”)

“pedestrian” includes a person in a wheelchair; (“piéton”)

“vehicle” includes a street car. (“véhicule”)  R.S.O. 1990, c. H.8, s. 144 (1); 2007, c. 13, s. 18; 2009, c. 5, s. 44 (1).

(2), (3) Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.

(4) Spent:  R.S.O. 1990, c. H.8, s. 144 (4).

Where to stop — intersection

(5) A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,

(a)  at the sign or roadway marking indicating where the stop is to be made;

(b)  if there is no sign or marking, immediately before entering the nearest crosswalk; or

(c)  if there is no sign, marking or crosswalk, immediately before entering the intersection.  R.S.O. 1990, c. H.8, s. 144 (5); 2006, c. 19, Sched. T, s. 6 (1).

Where to stop — non-intersection

(6) A driver who is directed by a traffic control signal erected at a location other than at an intersection to stop his or her vehicle shall stop,

(a)  at the sign or roadway marking indicating where the stop is to be made;

(b)  if there is no sign or marking, immediately before entering the nearest crosswalk; or

(c)  if there is no sign, marking or crosswalk, not less than five metres before the nearest traffic control signal.  R.S.O. 1990, c. H.8, s. 144 (6); 2006, c. 19, Sched. T, s. 6 (2).

Yielding to pedestrians

(7) When under this section a driver is permitted to proceed, the driver shall yield the right of way to pedestrians lawfully within a crosswalk.  R.S.O. 1990, c. H.8, s. 144 (7).

Pedestrian crossing

(22) Where portions of a roadway are marked for pedestrian use, no pedestrian shall cross the roadway except within a portion so marked.  R.S.O. 1990, c. H.8, s. 144 (22).

Pedestrian — green light

(23) Subject to subsections (24) and (27), a pedestrian approaching a traffic control signal showing a circular green indication or a straight-ahead green arrow indication and facing the indication may cross the roadway.  R.S.O. 1990, c. H.8, s. 144 (23).

Pedestrian — stopping at flashing green light

(24) No pedestrian approaching a traffic control signal and facing a flashing circular green indication or a solid or a flashing left turn arrow indication in conjunction with a circular green indication shall enter the roadway.  R.S.O. 1990, c. H.8, s. 144 (24).

Pedestrian — stopping at red or amber light

(25) No pedestrian approaching a traffic control signal and facing a red or amber indication shall enter the roadway.  R.S.O. 1990, c. H.8, s. 144 (25).

Pedestrian control signals — walk

(26) Where pedestrian control signals are installed and show a “walk” indication, every pedestrian facing the indication may cross the roadway in the direction of the indication despite subsections (24) and (25).  R.S.O. 1990, c. H.8, s. 144 (26).

Pedestrian control signals — don’t walk

(27) No pedestrian approaching pedestrian control signals and facing a solid or flashing “don’t walk” indication shall enter the roadway.  R.S.O. 1990, c. H.8, s. 144 (27).

Pedestrian right of way

(28) Every pedestrian who lawfully enters a roadway in order to cross may continue the crossing as quickly as reasonably possible despite a change in the indication he or she is facing and, for purposes of the crossing, has the right of way over vehicles.  R.S.O. 1990, c. H.8, s. 144 (28).

Riding in crosswalks prohibited

(29) No person shall ride or operate a bicycle across a roadway within a crosswalk at an intersection or at a location, other than an intersection, which is controlled by a traffic control signal system. 2015, c. 14, s. 40 (2).

Symbols

(30) The “walk” or “don’t walk” pedestrian control indications referred to in this section may be shown as symbols as prescribed by the regulations.  R.S.O. 1990, c. H.8, s. 144 (30).

Offence

(31.3) Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable to a fine assessed in accordance with section 144.1. 2017, c. 26, Sched. 4, s. 19.

Penalty for certain offences

144.1 (1) Every person convicted of an offence under subsection 140 (1), 140 (3), 144 (7) or 176 (3) is liable,

(a)  for a first offence, to a fine of not less than $300 and not more than $1,000; and

(b)  for each subsequent offence, to a fine of not less than $500 and not more than $1,000. 2017, c. 26, Sched. 4, s. 20.

Same

(2) An offence referred to in subsection (1) committed more than five years after a previous conviction for an offence referred to in that subsection is not a subsequent offence for the purposes of subsection (1). 2017, c. 26, Sched. 4, s. 20.

FAQ about Pedestrian Crossings

What rules must be obeyed when approaching a cross over with lights flashing?

Upon approaching a crossover with the lights flashing, you must stop your vehicle prior to the markings on the roadway. You must stay stopped until the pedestrian is fully off the roadway. If the pedestrian is halfway through the cross over and is no longer blocking your way, you must still wait for the pedestrian to leave the roadway or you could be charged. 

How many demerit points can you get if you are caught breaking the law? 

Under section 140 and 144(7) of the Highway Traffic Act you can receive 4 demerit points on conviction. wh.

How can you tell the difference between a cross over and a cross walk? 

A good way to know whether you are dealing with a cross over is to look at the markings on the pavement. If there are specific markings, such as 4 triangles on the pavement, you are dealing with a cross over. Another way would to be to look for the “stop for pedestrian” signs. You cannot rely on looking for flashing lights as not all cross overs come with flashing lights. 

Crossovers and novice licencing:

If you receive a ticket under section 140 of the Highway Traffic Act and you are a novice driver, you need to ensure you fight the ticket. If you are a novice driver and just pay this type of ticket, it will trigger escalating sanctions. Escalating Sanctions are imposed by the Ministry of Transportation. One of the ways for a novice driver to trigger an escalating sanctions penalty is by being convicted of any ticket that carries 4 or more demerit points. All Cross over charges carry 4 points, thus resulting in escalating sanctions for novice drivers. On a first offence of escalating sanctions, your licence is suspended for a period of 30 days, provided that the driver’s licence is surrendered to Service Ontario on the suspension start date. On a second offence of escalating sanctions your licence would be suspended for a period of 90 days and on a third offence, your licence would be cancelled. 

Should you fight this type of ticket if you are charged? 

Absolutely, a charge of this nature could negatively impact your driving record as well as your insurance premiums. We are always ready and willing to jump in and assist our clients with this type of charge. If you find yourself with this charge, please feel free to submit your ticket through our website or contact us for a no obligation- free consultation! 

Posted under Careless Driving, Traffic Ticket Defence, Vehicle Collision

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