SB228: Pedestrians crossing highways; duties of vehicles to stop to allow at marked crosswalks.

SENATE BILL NO. 228
Offered January 13, 2010
Prefiled January 12, 2010
A BILL to amend and reenact § 46.2-924 of the Code of Virginia, relating to pedestrians crossing highways.
Patron-- Barker

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1.  That § 46.2-924 of the Code of Virginia is amended and reenacted as follows:

 § 46.2-924. Drivers to stop for pedestrians; installation of certain signs; penalty.

A. The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:

1. At any clearly marked crosswalk, whether at mid-block or at the end of any block when the pedestrian is upon or within one-half of the highway on which the vehicle is traveling where the legal maximum speed exceeds 35 miles per hour;

2. At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block;

3. At any intersection when the driver is approaching on a highway or street where the legal maximum speed does not exceed 35 miles per hour.

B. The driver of any vehicle on a highway shall stop and remain stopped to allow a pedestrian to cross a highway within a marked crosswalk when the pedestrian is upon or within one-half of the highway on which the vehicle is traveling where the legal maximum speed does not exceed 35 miles per hour.

C. Notwithstanding the provisions of subsection subsections A of this section and B, at intersections or crosswalks where the movement of traffic is being regulated by law-enforcement officers or traffic control devices, the driver shall yield according to the direction of the law-enforcement officer or device.

No pedestrian shall enter or cross an intersection in disregard of approaching traffic.

The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.

Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.

CD. The governing body of Arlington County, Fairfax County, the City of Fairfax, the County of Loudoun and any town therein, and the City of Alexandria, may by ordinance provide for the installation and maintenance of highway signs at marked crosswalks specifically requiring operators of motor vehicles, at the locations where such signs are installed, to (i) yield the right-of-way to pedestrians crossing or attempting to cross the highway pursuant to subdivision A 1, or (ii) stop for pedestrians crossing or attempting to cross the highway pursuant to subsection B. Any operator of a motor vehicle who fails at such locations to yield the right-of-way to pedestrians as required by obey such signs shall be guilty of a traffic infraction punishable by a fine of no less than $100 or more than $500. The Commonwealth Transportation Board shall develop criteria for the design, location, and installation of such signs. The provisions of this section shall not apply to any limited access highway.

E. For purposes of this section:

"Marked crosswalk" means any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the highway surface.

"One-half of the highway" means all traffic lanes carrying traffic in one direction of travel and includes the entire width of a one-way highway.