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Sep 11, 2014
Trail Crossings: Who Has the Right of Way?IPRA/ACA State ConferenceJanuary 21, 2010Moderator:Alan Hamersly, Butler, Fairman & Seufert, Inc.
Panel Members: Bob Bronson, IDNR Outdoor RecreationFred Crow, Young & Young, Attorneys at LawSteve Hardesty, Butler, Fairman & Seufert, Inc.Scott Jordan, Westfield Police DepartmentDon Seal, Noblesville, Parks & RecreationRichard Vancleave, INDOTBrian Zafar, INDOT
Trail Crossings: Who Has the Right of WayIntroductionsCurrent Indiana Regulations for UseCurrent Indiana Regulations for DesignWhat is Needed?
Current Indiana Regulations for UseIndiana CodeIndiana Drivers ManualExample Municipal Ordinances: Indianapolis
Indiana CodeIC 9-21-8 Vehicle OperationSec. 33. A person who drives a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions or stop if necessary. The person shall yield the right-of-way to a pedestrian legally crossing the roadway.Sec. 36. Except as provided in IC 9-21-17-8, when traffic control signals are not in place or not in operation, a person who drives a vehicle shall yield the right-of-way, slowing down or stopping if necessary to yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching closely from the opposite half of the roadway.
Indiana Code (cont.)IC 9-21-8 Vehicle OperationSec. 42. A person who drives a vehicle within a business or residence district that is emerging from an alley, a driveway, or a building shall stop the vehicle immediately before driving onto a sidewalk or into the sidewalk area extending across an alleyway or a private driveway.IC 9-21-11 Bicycles and Motorized VehiclesSec. 2. A person riding a bicycle upon a roadway has all the rights and duties under this article that are applicable to a person who drives a vehicle.
Indiana Code (cont.)IC 9-21-17 PedestriansSec. 3. A pedestrian shall obey the instructions of an official traffic control device specifically applicable to the pedestrian, unless otherwise directed by a police officer.Sec. 5. A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard.Sec. 7. A pedestrian crossing a roadway at a 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.
Indiana Code (cont.)IC 9-21-17 PedestriansSec. 8. A pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.Sec. 9. Between adjacent intersections at which traffic control signals are in operation, pedestrians may not cross at any place except in a marked crosswalk.Sec. 15. Except as otherwise provided in this chapter, a pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.
Indiana Code (cont.)IC 9-21-17 PedestriansSec. 19. (a) A vehicle may not at any time be driven through or within a safety zone(b) A person who drives a vehicle crossing a sidewalk shall yield the right-of-way to a pedestrian and all other traffic on the sidewalk.
Indiana Drivers ManualPedestrian SafetyAlways yield the right-of-way to pedestrians.Do not make a turn that causes a pedestrian to stop, slow down or make some other special effort to avoid a collision.If children are in the vicinity, take special care, because children are not fully aware of the dangers of traffic.Be respectful of others who have difficulty in crossing streets, such as elderly persons or persons with a visual disability.Bicycle SafetyDrivers must routinely share the roadway with bicycles. Bicycles are entitled to the same right of way and are required to observe the same traffic laws as operators of automobiles.
Summary of Indiana Regulations for UseWithout traffic control signals, a pedestrian has the right-of-way in a crosswalk in the same half of the road as the vehicle, or is approaching closely from the other half.A Pedestrian may not suddenly step into traffic.A Pedestrian yields to all vehicles when not at a marked crosswalk or unmarked intersection crosswalk, or when a tunnel or bridge is available.A Pedestrian upon a roadway yields to all vehicles, unless noted otherwise (1 above).A Vehicle crossing a sidewalk yields to all traffic on the sidewalk.Drivers Manual: Always yield right of way to pedestrians.
Municipal ExampleIndianapolis Ordinance 441101 DefinitionsCrosswalk means and includes:That part of a roadway at an intersection of any streets, or other place designed and marked by the city for the purpose of pedestrians crossing such streets, which is included within the space extending the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; andAny portion of a roadway at an intersection or elsewhere, which is distinctly indicated by the city or other public authorities for pedestrian crossing by lines or other markings on the surface or by signs posted at such places.
Municipal Example (cont.)Indianapolis Ordinance 441101 DefinitionsPedestrian means and includes any person afoot.Safety zone means and includes the area or space officially set apart within a roadway for the exclusive use of pedestrians, which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.Sidewalk means and includes that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, either used or intended for the use of pedestrians or so designated, and which is either paved or unpaved.
Municipal Example (cont.)Indianapolis Ordinance 441108 Duties of PedestriansPedestrians shall cross streets only at intersections or at other places that may be designated therefor pursuant to this chapterOn streets where traffic at intersections or crosswalks is directed and controlled by a police officer, other person so authorized or school guard stationed thereat, or by traffic-control signals, pedestrians shall not enter or cross the roadway at such intersections or crosswalks against the direction of any such person so stationed, or a red signal or a stop or dont walk signal or sign.
Municipal Example (cont.)Indianapolis Ordinance 441108 Duties of PedestriansA pedestrian crossing or starting to cross any such intersection or crosswalk at the direction of any such person so stationed, or on a green or go or walk signal shall have the right-of-way over all vehicles, streetcars and trolley buses, including those making turns, until the pedestrian has cleared their path and, if necessary for his safety, has reached the opposite curb or a safety zone. It shall be unlawful for the operator of any vehicle, streetcar or trolley bus to fail to yield the right-of-way to such pedestrian.On all streets within the central traffic district or within any business district, where traffic at intersections or elsewhere is controlled by police officers, by other persons so authorized or by traffic-control signals, pedestrians shall not cross the roadway or street between such controlled intersections or places, except at a marked or unmarked crosswalk or as directed by such police officer or such other person
Municipal Example (cont.)Indianapolis Ordinance 441313Driving on or across sidewalks; yielding to bicycle operator on sidewalk.It shall be unlawful for any person to drive any wagon, motorcycle, motor vehicle or any animal upon, over or across any curb, sidewalk or grassplot on any street in the city, except upon a driveway constructed over the same, or as otherwise permitted by this Code or by a permit therefor from the city.The driver or operator of any motor vehicle shall yield their right-of-way to any bicycle operator on a sidewalk.
Municipal Example (cont.)Indianapolis Ordinance 441371Limitation on conveyances and vehicles on bicycle paths and lanes.Bicycle paths and lanes shall be used exclusively for the operation of bicycles unless signage specifies joint use with pedestrians.With the exception of a moped being operated exclusively with human muscular power, no person shall operate any other conveyance in a designated bicycle path or lane.A person may operate a motor vehicle upon a bicycle lane for the limited purpose of making a turn, entering or leaving an alley, private road, or driveway.
Municipal Example (cont.)Indianapolis Ordinance 441372Duty to yield to bicycle operator; minimum passing distance.The driver or operator of a vehicle shall yield the right-of-way to an individual operating a bicycle on a designated bicycle path or lane.The driver or operator of a vehicle overtaking a bicycle must pass the bicycle at a safe distance of not less than three (3) feet between the vehicle and the bicycle.
Current Indiana Regulations for DesignIndiana Manual of Uniform Traffic Control Devices (MUTCD)INDOT Design Manual Chapter 51-7AASHTO Guide for the Planning, Design and Operation of Pedestrian FacilitiesAASHTO Guide for the Development of Bicycle FacilitiesITE Guide for Design and Safety of Pedestrian Facilities
Indiana MUTCDSection 3B.17 Crosswalk MarkingsCrosswalk markings provide guidance for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops.Crosswalk markings also serve to alert road users of a pedestrian cro