The in basket: Melissa Carter Tangen asks a question I’m
surprised hasn’t been asked before during the 19 years of the Road
Warrior column. Is there still such a thing as jaywalking?
“The other day I was driving along Kitsap Mall Boulevard,”
Melissa said, “and a man was standing at the corner of Poplars
Road, with the intent to cross towards the mall. This is not a
crosswalk and there are no signs alerting drivers that pedestrians
may be crossing.
“A deputy was ahead of me in the left lane, I was in the lane
closest to the curb, and he had stopped in middle of the road to
apparently allow the pedestrian to cross. This was unknown to
me at the time.
“I slowed down, looked around to see if there was anything in
middle of the road that was preventing the deputy from driving and
saw nothing so I continued slowly forward. The deputy then
caught up with me, lights flashing, and warned me that pedestrians
always have the right of way (agreed), and if there is any intent
to cross the road, no matter where they are, that the drivers must
stop.
“Obviously I understand if there is a person in the road
crossing, I am going to stop. However if they are standing on
the curb planning to cross when the traffic is gone and they are
not near a crosswalk, am I really supposed to just stop in middle
of the road so they can perform, in all intents and purposes, a
‘jaywalk’?
“I could not find this rule anywhere in researching online, and
in my opinion this is very dangerous because the drivers are not
expecting to have to stop in middle of a stretch of road for a
pedestrian who does not wish to walk to a crosswalk. Can you
enlighten me as to whether this is the law or just a common
courtesy that may be done for a pedestrian?”
The out basket: Actually, the pedestrian Melissa describes
was in a crosswalk, an unmarked one, which are considered to
exist at any intersection of public roads that doesn’t have the
painted variety.
Jaywalking does exist but, like California stops, the law
doesn’t use the term. It says that a pedestrian cannot legally
cross in the middle of a block with traffic signals at adjacent
intersections. Kitsap Mall Boulevard’s intersections with
Silverdale Way and Northwest Plaza Road aren’t adjacent, because
Poplars lies between them and has no traffic signals. Plaza and
Randall Way, the next street to the north, have no intervening
intersections, so would be considered to be adjacent and crossing
at mid-block there would be illegal.
Entrances to business parking areas are not legally
intersections.
It’s a $56 fine.
Adjacent intersections with signals are uncommon in Kitsap
County, and therefore, so is jaywalking
Frankly, it’s a tough call on whether to stop for a pedestrian
waiting at the edge of a four- or five-lane street at an unmarked
crosswalk, legally required or not. Drivers may not be able to see
the walker because some car will always be stopped first, and may
shield the pedestrian from the view of those in the other lane. If
you don’t properly interpret why the other car is stopped, it seems
a situation where the pedestrian is in greater danger, not
less.
But the law says what it says, and Deputy Scott Wilson,
spokesman for the Kitsap County Sheriff’s department, puts it this
way.
“We recognize that the location where Poplars Avenue joins
Kitsap Mall Boulevard is not the most optimum in that the
intersection is on a curve. This intersection does not
contain a marked crosswalk that crosses the five lanes of Kitsap
Mall Boulevard.
” A pedestrian who wishes to cross Kitsap Mall Boulevard, at
this intersection, is required to wait until approaching traffic is
clear and it is safe to proceed across the roadway, per RCW
46.61.240(1).”
If you want to read an RCW, they are online at http://apps.leg.wa.gov/rcw/
“If a pedestrian has stepped off of the curb and is walking
across a marked or unmarked crosswalk,” Scott said, “approaching
traffic must stop and yield to the pedestrian when the pedestrian
is within one lane of the half of the roadway upon which the
vehicle is traveling. Essentially, if the pedestrian is
crossing in front of them, drivers need to wait until the
pedestrian has reached the centerline or center turn lane before
proceeding. If the pedestrian is crossing from the opposite side,
drivers must stop and yield once the pedestrian arrives at the
roadway centerline or center turn lane. RCW 46.61.235(1).
“Whenever a vehicle is stopped at a marked crosswalk, or at any
unmarked crosswalk at an intersection 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.
RCW 46.61.235(4). This is the statute that applies to the
situation presented by Ms.Tangen.
“Without speaking with the deputy mentioned in Ms. Tangen’s
e-mail,” Scott continued, “I don’t have the total story as to why
the deputy stopped to permit the pedestrian to cross at that
intersection. The law doesn’t require a driver to stop for a
pedestrian waiting on the sidewalk at an unmarked intersection to
cross the street. It’s the pedestrian’s responsibility to yield to
approaching traffic and proceed across the intersection when it’s
safe to do so.
“Jaywalking: yes, in those instances where a pedestrian would be
crossing the roadway between adjacent intersections at which
traffic control signals are in operation. This is more
applicable to urban settings than to most situations in
unincorporated Kitsap County, as there may be significant distance
between adjacent intersections with traffic control signals.
“Pedestrian safety recommendation: Take the extra time and steps
to walk to the nearest signal-controlled intersection. It doesn’t
take that much time. It’s inherently much safer than
attempting to cross five lanes of traffic where drivers are not
expecting a pedestrian to cross and visibility of the pedestrian
(by drivers) may be hampered. Go with the signal… it’s in
your favor!”