Source: Beijing Daily
Original title: Pedestrian zebra crossing red light drivers still have to give way to expert interpretation: Drivers do not perform their duties on the premise that others abide by the law
Since the launch of the “Civilized Driving and Courtesy Pedestrians” activity, the city’s awareness of courtesy has gradually grown at all intersections. But there are also many drivers who have some doubts: Do pedestrians have to give way when they run a red light? Pedestrians just walked on the zebra crossing and it was far away from me. Do I need to stop? If someone crosses the road where there is no zebra crossing, do I need to let it go? In this regard, the answer of the legal experts is very clear: you must give way! Pedestrians and cyclists will be punished by the traffic police if they violate the law, but in the face of the safety of other traffic participants, the convenience and benefits of motor vehicles always need to be restrained.
The driver, Mr. Yue, lives in Donghua City. The first intersection in the city where the “zebra crossing is not courteous to pedestrians” was photographed by a probe. If I don’t evade when they run the red light, will I be punished?”
“Drivers who are not courteous to illegal pedestrians and cyclists will not necessarily be punished, but once an accident occurs, the motor vehicle must bear certain responsibility.” Cheng Jie, an associate professor at the School of Law of the Chinese Academy of Social Sciences explained, according to the traffic in a modern society under the rule of law. The spirit of legislation, under any circumstances, there is no reason for motor vehicle drivers to allow their driving behaviors because pedestrians and cyclists do not abide by the law, so as to exempt themselves from the duty of care to avoid accidents.
Cheng Jie said that from the principle of my country’s transportation legislation, “protecting people’s lives” is the bottom line. For drivers, their safety obligations during driving are a holistic requirement. They not only need to comply with traffic lights, but also include obligations such as slowing down at intersections, giving way across zebra crossings, not overtaking over the yellow line, and paying attention to the conditions in front of and behind the vehicle. It is not based on whether pedestrians and cyclists abide by the law. Pedestrians and cyclists will also be punished if they violate the law in traffic. However, drivers must not adopt an indifferent, indifferent, or even “retaliatory” mentality to these people. Therefore, the driver’s question of whether “pedestrians running red lights and not taking zebra crossings” need to give way, the answer is very clear: let.
For some specific situations, such as pedestrians standing on the side of the road but not yet on the zebra crossing, pedestrians on the zebra crossing but far away from the car, Cheng Jie said that these issues involve the “principle of trust” in the legal control of safety risks. In the road traffic scenario, “if the driver complies with the obligation to slow down on the crosswalk and judged according to normal driving experience, the pedestrian does not have the speed to approach the vehicle immediately or appear in front of the vehicle, the vehicle can naturally move forward.”
According to relevant instructions issued by the Municipal Traffic Management Bureau, a motor vehicle does not evade pedestrian traffic violations, which refers to when a motor vehicle passes a crosswalk without any part of the body entering the crosswalk area, and when a pedestrian who has entered the crosswalk and has not run a red light is about to pass in front of the motor vehicle , The act of not stopping to give way. Typical situations include: forcibly interspersing a group of pedestrians passing through a crosswalk, causing pedestrians to stop; forcing a pedestrian who is passing through a crosswalk to stop; a motor vehicle in the same direction has stopped to avoid pedestrians, but is still forced to pass; sudden acceleration and other methods are used to bypass. Pass pedestrians who are passing the crosswalk, etc.
Cheng Jie said that the efficiency of intersection traffic that drivers are concerned about is directly related to the overall level of citizens’ compliance with the law. Therefore, in real life, the safety of traffic participants must still be the top priority. Of course, he also said that while the comity of motor vehicles is popularized, pedestrians and cyclists should also be aware of the law and abide by the law. Traffic control departments should increase enforcement penalties for illegal behaviors such as running red lights, retrogrades, and chaotic crossings at intersections. “Only after the goal of’cars at intersections let people and people abide by the law’ is first achieved, can we consider the next improvement in efficiency.” (Enron)
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