Originally Posted by callmediva:
“Exactly. A driver only has to stop once a pedestrian is on the crossing, if they're waiting by the side of the road, there is no legal reason to stop, it's just a courtesy. If you're trying to cross a busy road you could be there all day unless you step onto the crossing. Once someone is crossing, drivers must wait for the crossing to be clear before setting off”
Pedestrian crossings are not just ruled by the Highway Code, but are also subject to certain statutory requirements for drivers approaching pedestrian crossings. Failure to comply with the statute is a criminal offence. These include:
ß Drivers must give way when someone has moved onto a zebra crossing. [Reg. 25, Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 (SI 1997/2400)]
ß Drivers must stop when the red light shows on a Pelican crossing and must give way to pedestrians on the crossing if the amber light is flashing. [Regs. 23 and 26]
The fact that the pedestrian is the most vulnerable road user has made it necessary for the law to protect the pedestrian foremost. If you said to a judge that you mowed down the pedestrian because he only entered the pedestrian crossing with his toe when you were in the pricess of going through that crossing would actually get you in more trouble and not be a defence. As there also remains a duty if care on the driver and a requirement that the driver be aware of his or her surroundings.
So legally if the pedestrian had not entered the crossing but was at the side of the road or only entered the crossing when you did it would be a civil suit most likely but also negligent driving.
If you mowed down the poor sod who was already on the crossing it would be a crime.
For that poster earlier who stated that you can move your vehicle on when someone is still on the crossing , they are wrong. The law does not have to state that exactly that to be applicable as the law will expressly state any exceptions. That is that if it says you must stop your car if anyone is on a pedestrian crossing it means exactly that. If it mean otherwise it would state that you could move the car over that crossing whilst a pedestrian was in it as long as said pedestrian had moved safely away from your car but that is not what it says.
Moving your car over a zebra crossing whilst someone is still on it is a crime in accordance to Statue and this is specifically why the law required the determination that an island can create two super ate crossings because otherwise the cars on the other side would be legally bound to wait.