Contributor Opinion by Temperance Blalock: Why Are Pedestrians Penalized More Than Motorists?
Apr 21, 2010 7:11 - 19 Comments
Posted by: Cindy Cotte Griffiths
Department: Contributor Opinion,Opinion
Tags: by Temperance Blalock, safety
Department: Contributor Opinion,Opinion
Tags: by Temperance Blalock, safety
>I’m a real coward when it comes to crossing the street in downtown Rockville. I’ll stand there patiently, waiting for the light to turn, and I’ll wait there interminably, looking incredibly silly when most people would sprint across against the light, mostly because I know how fast cars will suddenly appear and barrel through an intersection at ten or fifteen miles above the speed limit. I’d rather be safely silly than sorry.
And so it was that I was heartened to receive an e-mail from the City entitled “Rockville City Police Department Issues Pedestrian Safety Reminders“. Hey, maybe I could take a respite and relax, knowing that the police department is at least temporarily going to monitor the safety of pedestrian crossings.
But then I saw the following:
Fines for pedestrians who do not cross in a properly marked crosswalk or who cross against the signal could face a fine up to $500. Motorists who do not yield to pedestrians who are in a marked crosswalk could face a fine up to $40 and one point on his/her driver’s license.
This is outrageous. Why are pedestrians penalized at a rate more than ten times that of motorists? How could this possibly be justified? If a pedestrian and a motorist “meet” in an intersection, there is no way that the pedestrian could inflict ten times the rate of damage on the automobile.
Given the fact that I have almost never seen a motorist (other than myself) yield to a pedestrian in a crosswalk in the seven years that I’ve worked in downtown Rockville, this is a joke. Yes, I’ve seen plenty of jaywalkers and reckless pedestrians in that time, but none of them just barely clipped me with thousands of pounds of steel.
So, for the time being I’m going to continue to cower in the crosswalks, as long as pedestrians continue to be fair game in the traffic wars.
Temperance Blalock
This is a Contributor Opinion. Rockville Central encourages readers to submit such pieces for consideration — the more voices the better. We ask that all such contributions be civil and we reserve the right to edit (in consultation with the author) or reject. Contributor opinions should not be seen as reflecting opinions held by Rockville Central editors, as they are just as frequently at odds with our own views. That’s the whole point!
Temperance, I agree that the fine structure is WAY out of whack. I almost wrote something on this very issue myself, then you spoke up. Our political leadership has often made claims of being “pedestrian friendly.” Yet the fine for failing to yield to a pedestrian obeying the law is a slap on the wrists. Perhaps someone on the Mayor and Council who is serious about pedestrian safety can address this imbalance.
On its face this does appear to be a misplaced approach. I will look into it and report back on this blog.
Pedestrian safety means obeying the laws. To be safe we need to not jaywalk and that includes me.How do we get the public to obey laws? It appears that fines don’t work. If there are no consequences why obey the law?The Rockville press release states, “Rockville Police will be out in force to issue VERBAL and WRITTEN WARNINGS, as well as citations when warranted, to pedestrians who do not properly cross at intersections and to motorists who do not yield to pedestrians in crosswalks in the city.”My question is “when will a fine be warranted?” I agree that the fines might not be appropriate to the crime. I still have concern that one can get away with murder in this country. A lot of technicality can be argued with our judicial system.Hope do we become more conscious drivers and pedestrians? The task is with each of us to be more responsible including me. I believe that is what the Rockville City Police pedestrian safety campaign is about.
Hopefully this can be easily remedied. But it is also worth noting that while Montgomery County will use plainclothes officers to enforce crosswalk protections by walking out in front of cars and ticketing drivers who refuse to yield, Rockville chooses not to use this enforcement tool. I think we need to follow the County’s lead in protecting pedestrians through focused enforcement.
It could be easily remedied by having 200ft+ painted pavement crosswalks with pedestrian activated red lites. This way there would be no Jaywalking. try to cross near the Bank of America building.What crosswalks? its worth your life.
Crosswalks……..children walking to school should have crosswalks on their paths to school…at least close to the school. i wondered about the intersections prior to the school….what is the rule for having them marked? Teaching early helps.
Why not close off downtown Town Square to auto traffic for the summer or the duration of the farmers markets, move the farmers market to TownSquare, condem the old Giant as abandoned property or tell Giant owners “this will be parking for Town Square, expand walking town square
town square has too much parking. the giant lot is a problem, but that’s not the solution. i don’t understand why the ped fine would be so much higher than for drivers, either.obeying the rules goes for peds AND drivers. i was always taught that even if the ped is “in the wrong” (ie, walking where we think he or should shouldn’t be) you yield to them nonetheless.that’s what i am teaching my kids as they learn now.i see far more discourteous drivers than wayward walkers!
Robert’s suggestion of no auto traffic in Town Square is a great idea, but Maryland Avenue needs to be open in order to access the two parking garages (one is for residential owners). Gibbs Street could be closed, but I don’t know if that would make much difference.You can’t tell a private property owner what to do with there property. The zoning codes control land use and permits are approved once all requirements are met.This opinion tread is mainly about pedestrian safety and the Rockville Police warning and fining jaywalkers.Do we want to be ticketed for crossign the street where there is no crosswalk? Who decides?
After some research by City staff, here is what I can contribute. The City release was somewhat inaccurate and also a little incomplete, which led many to draw unfortunate conclusions. The full story is as follows:Police can issue a pedestrian a $40 citation for failure to comply with the law (21-501, 21-502 and 21-503 for pedestrians). A motorist can receive a citation of up to $80 with one point against his/her license for failure to comply with the law and a higher fine and three points against his/her license if the action contributed to an accident (21-502 and 21-504 for motorists). Drivers may receive multiple citations, depending on the infractions.If a pedestrian or motorist chooses to contest the citation, a District Court judge has the discretion to impose a fine of up to $500. That penalty is the same for both pedestrians and motorists. The Chief Judge of the District Court has the authority, by statute, to set the fines. It is the responsibility of the courts to maintain those guidelines. Therefore, District Court judges have discretion when a motorist or pedestrian who is contesting a citation and is before that judge, to impose any fine up to the $500 limit.My apology on behalf of the City for the sloppy release; I hope that this clarifies the issue. Meanwhile, let’s all take the opportunity to renew our commitment to safer choices both as pedestrians and drivers!
Many thanks, Councilman Gajewski, for following up on this. I would be very interested to see the statistics on how many tickets for these types of violations have been written in Rockville in the past couple of years to both pedestrians and drivers.
Yes, thank you Councilmember Gajewski for being so responsive and helpful!
I still think we need some serious pedestrian enforcement on Veirs Mill around the Twinbrook Shopping Center and around RM as school lets out. I think there is a perception by some that cars should stop for them no matter where they cross and how unsafe it may be.
Another dangerous crossing is of 1st Street about 100 ft east of Baltimore Road. Entire families come out of the hedge, sometimes with strollers and laundry bags, and cross to the laundramat near the 7-11. Also I too want to add my thanks to Councimember Gajewski for his timely clarification.
The City of Rockville has just released this Press Release clarifying the policy. *Clarification*Clarification*Clarification*ClarificationNote: Clarification is highlighted in third paragraph on fines Rockville City Police Department Issues Pedestrian Safety Reminders ROCKVILLE, Md., April 23, 2010 - The Rockville City Police Department is embarking on a pedestrian safety campaign just as the spring and summer seasons are beginning. Rockville Police will kick off the campaign with concentrated efforts to remind both pedestrians and motorists of the rules governing street crossings.Rockville Police will be out in force to issue verbal and written warnings, as well as citations when warranted, to pedestrians who do not properly cross at intersections and to motorists who do not yield to pedestrians in crosswalks in the city. Police can issue pedestrians a $40 citation for failure to cross in a properly marked crosswalk or who cross against the signal. Motorists can receive up to an $80 citation and one point on his/her driver’s license for failure to yield to pedestrians in a marked crosswalk, and a higher fine and up to three points on his/her license if that failure results in a collision. If a pedestrian or motorist chooses to contest the citation, a District Court judge could impose a fine up to $500. Rockville Police have provided the following safety tips for pedestrians:Do not jaywalk. Always try to cross the street at the crosswalk or signaled intersection. Do not assume that a green light, a Walk signal or a crosswalk means it is safe to cross the street. Be aware of vehicles even when you have the right-of-way. Dress to be seen. Brightly colored clothing makes it easier for drivers to see you at all times of day. Wear reflective material on your shoes, hat or jacket at night. Always walk on a sidewalk. If there is no sidewalk and you must walk in the road, always walk facing traffic. Cross streets only at corners or marked crosswalks. Stop at the curb or edge of the road before crossing. Look left, then right then left again before stepping off to cross a street. Rockville City Police want to remind everyone of the need to follow proper pedestrian safety laws. For more information on pedestrian safety or the laws governing crosswalks, call 240-314-8900.
would love to see some corollary tips for rude (esp. young ones) motorists who like to scare pedestrians. the biggest traffic problem is motorists on the phone, texting etc and not looking for peds. distracted driving is a huge issue.also, beware the implication that contesting a fine results in a $500 fine…if you’re wrongly ticketed, you could actually WIN and pay nothing.
maryland law actually says you may cross in an “unmarked” crosswalk and that drivers must yield. if anyone has a newer cite, it would be good to post it.i tried to cross n. washington yesterday IN the crosswalk in front of hickman’s exxon (as my daughter and kate ostell are my witnesses) and it was a harrowing experience.the following is just an excerpt.This article summarizes Maryland’s pedestrian laws. http://www.sauerburger.org/dona/roadrules.htmPedestrians at crosswalks:What is a crosswalk? Most of the pedestrian laws involve “crosswalks,” whose definition varies from state to state. Of course painted crosswalks are obviously “crosswalks,” but “unmarked crosswalks” exist by law as well. In some states, unmarked crosswalks are considered to exist at every corner of intersecting streets. In others, including both Maryland and Virginia, crosswalks exist only where a sidewalk ends at the street, and in others, they exist only where sidewalks on both sides of the street face each other. In Maryland, crosswalks are defined as either marked crosswalks (“distinctly indicated for pedestrian crossing by lines or other markings”) or “that part of the roadway that is within the prolongation or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway.” (21-101: f) In other words, there doesn’t have to be a sidewalk on both sides of the street for a crosswalk to exist. If a sidewalk approaches the street and ends there, even if there is no sidewalk resuming on the opposite side of the street, an unmarked crosswalk exists where the sidewalk would extend into the street. This definition uses the word “sidewalk.” We tend to think of sidewalks as paved walkways with curbs, but in Maryland it doesn’t have to have a curb to be considered a sidewalk, and in one court case an unpaved 8-foot-wide walking area between the street and the bordering property was considered to be a sidewalk (21-502: Lipphard v. Hanes, 1963). A “sidewalk” is that part of a highway that is intended for use by pedestrians and that is between adjacent property lines and the curb or boundary lines of a roadway (21-101: t). Pedestrian rights and restrictions with no traffic signal (21-501; 502)In general, where there is no traffic signal, pedestrian tunnel, or overhead crossing, pedestrians have the right-of-way at crosswalks (marked or unmarked), and vehicles have the right of way everywhere else. Specifically, where there is no traffic signal or pedestrian tunnel or overhead crossing, drivers shall come to a stop when a pedestrian, crossing the roadway in a crosswalk (marked or unmarked), is either on the half of the roadway on which the vehicle is traveling, or approaching so closely from the other half of the roadway as to be in danger. This means that to assert the pedestrian’s right of way in Maryland, the pedestrian has to be either crossing or waiting in the street, not standing on the sidewalk. Drivers may not overtake from behind any vehicle that has stopped to let a pedestrian cross the roadway.
DEFINITELY pedestrian education and enforcement to the high school students, please! If I had a dollar for every HS student that meandered across Wootton Parkway or 355 during lunch (Wendy’s seems to be a popular destination) time or after school either nowhere near a crosswalk or when the cross street has a green light - and therefore they have a Don’t Walk - I could retire wealthy; it’s only a matter of time before a teen on a cell phone and a driver texting combine to create a tragic situation there.Town Center is another place I have a hard time as a driver; parents pushing strollers in a hurry to get to storytime have been known to burst out from between parked cars in front of me as I’m accelerating out of my own parking space (and the strollers with the babies and toddlers are the first things to pop out into the street!). Grown men with ties aimlessly wandering into my path at crosswalks on MY green light across Maryland Ave (a short enough green to begin with given how many pedestrians have to cross across my left turn on Park on any given occasion) - and then stop in the road to answer their phones!?! - have gotten me stuck at that light twice this past week. I do my best to yield to the pedestrians, but some IN-PERSON enforcement, or at least education - downtown for pedestrians would be welcome.Might also be worth noting that the lovely cobblestone “crosswalk-like things” in Town Square really don’t strongly resemble the traditional zebra-striped crosswalks, so perhaps pedestrians and drivers don’t think they *are*; not suggesting they need painting, but a clearer marking of them as crosswalks, for drivers and pedestrians alike, might help smooth out things downtown, even if it’s signage.
I especially like the marked crosswalks that are not signalized. I actually am a rather aggressive pedestrian when walking alone. Obviously not so much with my kid.The key to being a good pedestrian in the non-signalled ones is to be assertive without just running out into the street. One just has to slowly ease out there. Keep in mind that if you are a bicyclist, you simply have to hop off and walk and you are now a full-fledged pedestrian who can use a crosswalk with impunity. Often there is a fair amount of honking that happens. Honking, of course, is a driver admitting to seeing you in the crosswalk and not stopping. It helps to be ready to jump back at a moment’s notice.Now, I would NEVER recommend that a pedestrian play the game so close as to get brushed by a car. But I do wonder what the going settlement these days is for getting struck in a crosswalk while being clearly visible to all.My job has taken me to many military bases, and the crosswalks there are sacred spaces. The moment a pedestrian touches one, you stop.