Thursday, April 19, 2012

39:4-32 Crossing roadway; signal.

39:4-32 On highways where traffic is controlled by a traffic control signal or by traffic or police officers: 
a.Pedestrians shall not cross a roadway against the "stop" or red signal at a crosswalk, whether marked or unmarked, unless otherwise specifically directed to go by a traffic or police officer, or official traffic control device.

b.No driver of a vehicle shall fail to stop and remain stopped for a pedestrian crossing a roadway at a crosswalk when the pedestrian is upon, or within one lane of, the half of the roadway upon which the vehicle is traveling or onto which it is turning during the "go" or green signal.  As used in this subsection, "half of the roadway" means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.

c.A pedestrian crossing or starting across the intersection on a "go" or green signal, but who is still within the crosswalk when the signal changes, shall have the right of way until the pedestrian has reached the opposite curb or place of safety.

d.No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.

e.Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

f.Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

g.Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway.  Nothing herein shall relieve a pedestrian from using due care for his safety.

h.In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.

1 comment:

Ishanti said...

My stepson n quite a few motorists got failure to stop tickets for not waitin for a pedestrian to get to the curb on other side of road. That pedestrian turned out to be a plainclothes female cop, isn't that some kind of entrapment n what happened to the 'half the roadside' clause or exception in the NJ Stat 39:4-36?