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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-11-2010, 10:43 PM   #1
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Failure to Yield to pedestrian ticket

What is the definition of "Failure to Yield to pedestrian"?

I was ticketed with this, and the officer threatened to add on additional tickets at court ie. me with not using my blinker, apparently I did not use my blinker either, if I dared to fight this.

I have a sparkling clean record, have never been issued a ticket EVER or been charged, class 5 etc etc.

An explanation of the lay would be really helpful. Are there any traffic ticket lawyers that can take care of this for me?

Whats the deal with aggressive officers threatening to bring down the hammer and lay another charge on me if I dare fight this?

Thanks
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Old 03-11-2010, 11:04 PM   #2
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CHARGED or TICKETED?
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Old 03-11-2010, 11:21 PM   #3
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ticketed...sorry...
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Old 03-12-2010, 12:36 AM   #4
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did you blast through a crosswalk with a pedestrian in it? or other such failures to give right of way to a pedestrian? if you answered yes to either, pay the ticket and be done with it. you did something wrong, you got caught, suck it up buttercup.
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Old 03-12-2010, 07:46 AM   #5
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How close to the street does the pedestrian must be before drivers must start yielding? I've seen people waiting on street corners and people standing on corners with intention of crossing but not making effort to cross... if that makes any sense.
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Old 03-12-2010, 08:19 AM   #6
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Originally Posted by Raid3n View Post
did you blast through a crosswalk with a pedestrian in it? or other such failures to give right of way to a pedestrian? if you answered yes to either, pay the ticket and be done with it. you did something wrong, you got caught, suck it up buttercup.
calm down there budddy

first did you even read my post ? how is it a cop can threaten me to not fight this ticket?

What is the definition of the law that I have apparently broken?
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Old 03-12-2010, 10:00 AM   #7
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Quote:
Originally Posted by slidewayzz View Post

What is the definition of the law that I have apparently broken?
Your ticket should mention what law you broke. And then you can easily google for that law and look it up.
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Old 03-12-2010, 10:40 AM   #8
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What section were you charged with? With that info I'll post what the MV Act says you did/didn't do.
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Old 03-12-2010, 02:41 PM   #9
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Was the pedestrian already in the crosswalk? If they put their foot on the roadway, then you have to stop for them, or if it was a pedestrian controlled light (ie. those flashing amber lights), then you have to stop once the light flashes and the pedestrian is standing there with the intention to cross.
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Old 03-12-2010, 05:16 PM   #10
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Quote:
Originally Posted by slidewayzz View Post
calm down there budddy

first did you even read my post ? how is it a cop can threaten me to not fight this ticket?

What is the definition of the law that I have apparently broken?
It isn't so much a threat as it was a courtesy.

He (assuming it was male officer) could given you both tickets but only chose to give you one. Should you choose to not make good on his courtesy, then he will slap you with two tickets instead.

Tickets are given out at the discretion of the officer so it wasn't really a threat.
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Old 03-12-2010, 07:57 PM   #11
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It was very likely written under this section:

Rights of way between vehicle and pedestrian

179 (1) Subject to section 180, the driver of a vehicle must yield the right of way to a pedestrian where traffic control signals are not in place or not in operation when the pedestrian is crossing the highway in a crosswalk and the pedestrian is on the half of the highway on which the vehicle is travelling, or is approaching so closely from the other half of the highway that he or she is in danger.

(2) A pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.

(3) If a vehicle is slowing down or stopped at a crosswalk or at an intersection to permit a pedestrian to cross the highway, the driver of a vehicle approaching from the rear must not overtake and pass the vehicle that is slowing down or stopped.

(4) A pedestrian, cyclist or the driver of a motor vehicle must obey the instructions of an adult school crossing guard and of a school student acting as a member of a traffic patrol where the guards or students are

(a) provided under the School Act,

(b) authorized by the chief of police of the municipality as defined in section 36 (1), or

(c) if located on treaty lands, authorized by the chief of the police force responsible for policing the treaty lands.

Crossing at other than crosswalk

180 When a pedestrian is crossing a highway at a point not in a crosswalk, the pedestrian must yield the right of way to a vehicle.
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Old 03-12-2010, 08:17 PM   #12
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My rewording - not sure if it is correct
179 (1) If the pedestrian is no longer on the curb and have taken the 1st step onto the street (assuming it was safe when the step was taken), drivers on the same curb as the pedestrian once stood on must stop. And if the pedestrian reached the half way mark of the road, the opposing traffic must stop.
(2) dont want pedestrians to 'jump out' onto traffic and driver slamming onto breaks

180 - Is this jay walking?
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Old 03-12-2010, 08:47 PM   #13
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lol when i made a thread about a cop not stopping for me at a crosswalk people bashed on me but when someone gets a ticket for not doing it people bash him. wow funny how that works.

a cop once tried to give me a ticket for not yielding once on Granville until I pointed out the fact that it was a delay walk and I had the right of way.

I honestly think that cops have a qouta they have to meet ticketing wise cause I have seen a few bullshit calls that dont make sense.

I didn't know cops could ticket you for something that occurred in the past?
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Old 03-12-2010, 09:07 PM   #14
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Why don't you start by telling us what happened that made this cop stop you and ticket you?
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Old 03-12-2010, 09:11 PM   #15
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Yes please OP...as I already requested above, if you post the charge section we might be able to help you and shut down some incoming flack based on not knowing what happened? Section please or don't bother, unless you like getting slammed by other posters.
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Old 03-12-2010, 09:27 PM   #16
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I appreciate the volume of responses this has generated, and I will post that information as soon as I get home and view the ticket.

Please standby. Cant post and respond etc.... busy working....
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Old 03-13-2010, 07:13 AM   #17
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Quote:
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lol when i made a thread about a cop not stopping for me at a crosswalk people bashed on me but when someone gets a ticket for not doing it people bash him. wow funny how that works.

a cop once tried to give me a ticket for not yielding once on Granville until I pointed out the fact that it was a delay walk and I had the right of way.

I honestly think that cops have a qouta they have to meet ticketing wise cause I have seen a few bullshit calls that dont make sense.

I didn't know cops could ticket you for something that occurred in the past?
no quotas, as has been said many times by several different officers.
an officer has up to a year to serve you with a ticket.
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Old 03-13-2010, 11:25 AM   #18
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Interesting, I was driving down Davie St. once, many many years ago, in the left of two lanes... stopped to let a bum stumble across the street mid-block, starting from the other side of the street... after he got past me and into the right lane, I continued on my way... and within a block saw the red and blues behind me. Cop informed me that while I was not obligated to stop to let the pedestrian cross, once stopped, I was obligated to let him reach the curb before proceeding.

He let me off with a warning... and I never forgot that little tidbit.
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Old 03-13-2010, 05:17 PM   #19
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I refuse to stop and let cyclists ride across crosswalks and get some snotty responses from some of the riders and other motorists who insist on stopping for them.
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Old 03-13-2010, 07:28 PM   #20
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I refuse to stop and let cyclists ride across crosswalks and get some snotty responses from some of the riders and other motorists who insist on stopping for them.
So technically they don't count as "pedestrians", and are therefore exempt from the right of way rules?

I seriously don't get why cyclists think that they get priority over motorists. I mentioned before that I had to close in on a cyclist who was riding in the middle of the roadway during my N test, and that the evaluator had told me to cross a solid double yellow next time. There was a whole curbside for the cyclist to ride on and he chose to risk his life by staying in the middle of the road where the speed limit is 50 km/h.

Maybe cyclists have priority in the Netherlands, where more people travel by bike than car, but not in BC.
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Old 03-13-2010, 10:29 PM   #21
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Old 03-14-2010, 09:34 AM   #22
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"Rights and duties of operator of cycle
183 (1) In addition to the duties imposed by this section, a person operating a cycle on a highway has the same rights and duties as a driver of a vehicle.

(2) A person operating a cycle

(a) must not ride on a sidewalk unless authorized by a bylaw made under section 124 or unless otherwise directed by a sign,

(b) must not, for the purpose of crossing a highway, ride on a crosswalk unless authorized to do so by a bylaw made under section 124 or unless otherwise directed by a sign "

I have charged cyclists who rode across crosswalks and were hit by cars. I had a "discussion" with an adjuster who demanded to know why I didn't charge the driver for failing to yield to a pedestrian. Told him to look at that section above. When he insisted that the driver was partly at fault for failing to yield, instead of the adult rider who, at night, with no lights on his bike, rode off a sidewalk and onto the cross walk
in front of the car, I told him that I would appear in civil court as the driver's witness. I also have a major problem with parents who take their young kids riding bicycles on sidewalk, specially where there are pedestrians present. I will not move out of their way and tell the parents that they are breaking the law. They don't appreciate my comments usually, but that's the kind of attitude I expect from them anyway.
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Old 03-14-2010, 10:52 AM   #23
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It should be legal to punch a stupid cyclist in the face.
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Old 03-14-2010, 07:39 PM   #24
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i wish pedestrians followed these 2 rules.

ive had some old women pretty much j walking thru stanley park yelling/swearing at me for not yielding to them as they popped out of the woods to cross the road w/ no cross walk lines.

no matter what they believe, its not a pedestrians world when they are wearing black (mind you, no black is dark enough to slim these 2 whales) and not wearing bright colors. they may weigh a combined 600lbs, and may be hunted down by the aquarium for escaped whales, but my car still outweighs them by 3000lbs.

im all for stopping for ppl at crosswalks, but give me some room, i cant stop on a dime, neither can they bend over and pick the dime up they dropped on the ground.

Quote:
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It was very likely written under this section:

Rights of way between vehicle and pedestrian

(2) A pedestrian must not leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impracticable for the driver to yield the right of way.

Crossing at other than crosswalk

180 When a pedestrian is crossing a highway at a point not in a crosswalk, the pedestrian must yield the right of way to a vehicle.
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Old 03-14-2010, 08:39 PM   #25
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I refuse to stop and let cyclists ride across crosswalks and get some snotty responses from some of the riders and other motorists who insist on stopping for them.
I'm the same way. However, if you get off your bike, then I will stop and let you walk across with your bike.
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