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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(2) Repealed: 2015, c. 14, s. 39 (1).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 Cross Walk

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.

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

Upon approaching a cross over 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 of the roadway. If the pedestrian is halfway though 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 of the Highway Traffic Act you can receive 4 demerit points on conviction.

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.

Cross overs 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 or even result in a suspension for a “Novice Driver”.

OTD Legal Services is a team of leading traffic ticket defence paralegals that can provide you with exceptional representation. If you find yourself with this charge, or any other traffic ticket, contact us today or submit your ticket through our website for free consultation with a former prosecutor!

Posted under Careless Driving, Traffic Ticket Defence, Vehicle Collision

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