Trail Crossings: Who Has the Right of Way?
IPRA/ACA State ConferenceJanuary 21, 2010
Moderator: 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 WayA. IntroductionsB. Current Indiana Regulations for UseC. Current Indiana Regulations for DesignD. What is Needed?
Current Indiana Regulations for Use•Indiana Code•Indiana Drivers Manual•Example Municipal Ordinances:
Indianapolis
Indiana Code• IC 9-21-8 Vehicle Operation
▫ Sec. 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 Operation
▫ Sec. 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 Vehicles▫ Sec. 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 Pedestrians
▫ Sec. 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 Pedestrians
▫ Sec. 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 Pedestrians
▫ Sec. 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 Manual• Pedestrian Safety
▫ Always 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 Safety▫ Drivers 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 Use1. Without 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.
2. A Pedestrian may not suddenly step into traffic.3. A Pedestrian yields to all vehicles when not at a marked
crosswalk or unmarked intersection crosswalk, or when a tunnel or bridge is available.
4. A Pedestrian “upon a roadway” yields to all vehicles, unless noted otherwise (1 above).
5. A Vehicle crossing a sidewalk yields to all traffic on the sidewalk.
6. Drivers Manual: “Always yield right of way to pedestrians.”
Municipal ExampleIndianapolis Ordinance 441• 101 Definitions
▫ Crosswalk means and includes:(1)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; and
(2)Any 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 441• 101 Definitions
▫ Pedestrian 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 441• 108 Duties of Pedestrians
(a) Pedestrians shall cross streets only at intersections or at other places that may be designated therefor pursuant to this chapter
(b) On 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 “don’t walk” signal or sign.
Municipal Example (cont.)Indianapolis Ordinance 441• 108 Duties of Pedestrians
(c) A 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.
(d) 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 441• 313
▫ Driving on or across sidewalks; yielding to bicycle operator on sidewalk.(a) 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.
(b) 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 441• 371
▫ Limitation on conveyances and vehicles on bicycle paths and lanes.(a) Bicycle paths and lanes shall be used exclusively for the operation
of bicycles unless signage specifies joint use with pedestrians.(b) 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.
(c) 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 441• 372
▫ Duty to yield to bicycle operator; minimum passing distance.(a) 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.(b) 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 Design•Indiana Manual of Uniform Traffic Control
Devices (MUTCD)•INDOT Design Manual Chapter 51-7•AASHTO Guide for the Planning, Design
and Operation of Pedestrian Facilities•AASHTO Guide for the Development of
Bicycle Facilities•ITE Guide for Design and Safety of
Pedestrian Facilities
Indiana MUTCD• Section 3B.17 Crosswalk Markings
▫ Crosswalk 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 crossing point across roadways not controlled by highway traffic signals or STOP signs.
▫ At nonintersection locations, crosswalk markings legally establish the crosswalk.
▫ Marked crosswalks also should be provided at other appropriate points of pedestrian concentration, such as at loading islands, midblock pedestrian crossings, or where pedestrians could not otherwise recognize the proper place to cross.
▫ Because non-intersection pedestrian crossings are generally unexpected by the road user, warning signs (see Section 2C.41) should be installed and adequate visibility should be provided by parking prohibitions.
Figure 3B-16. Examples of Crosswalk Markings
Indiana MUTCD• Section 9B.02 Design of Bicycle Signs
▫ The minimum sign sizes for shared-use paths shall be those shown in Table 9B-1, and shall be used only for signs installed specifically for shared-use path traffic applications. The minimum sign sizes for bicycle facilities shall not be used for signs that are placed in a location that would have any application to other vehicles.
▫ Except for size, the design of signs for bicycle facilities should be identical to that specified in this Manual for vehicular travel.
▫ Uniformity in design includes shape, color, symbols, wording lettering, and illumination or retroreflectorization.
Indiana MUTCD• Section 9B.03 STOP and YIELD Signs (R1-1, R1-2)
▫ Where conditions require path users, but not roadway users, to stop or yield, the STOP sign or YIELD sign should be placed or shielded so that it is not readily visible to road users.
▫ When priority is assigned, the least restrictive control that is appropriate should be placed on the lower priority approaches. STOP signs should not be used where YIELD signs would be acceptable.
Figure 9B-2. Regulatory Signs for Bicycle Facilities
Figure 9B-3. Warning Signs for Bicycle Facilities
Figure 9B-5. Example of Signing for the beginning and End of a Designated Bicycle Route on a Shared-Use Path
Figure 9B-7. Examples of Signing and Markings for Shared-Use Paths
Indiana MUTCD• Section 2B.11 Yield Here To Pedestrians Signs (R1-5, R1-5a)
▫ If yield lines are used in advance of an unsignalized marked midblock crosswalk, Yield Here To Pedestrians (R1-5, R1-5a) signs shall be placed 20-50 ft. in advance of the nearest crosswalk line.
• Section 2B.12 In-Street Pedestrian Crossing Signs (R1-6, R1-6a)▫ The In-Street Pedestrian Crossing sign shall not be used at signalized
locations.▫ The STOP FOR legend shall only be used in States where the State law
specifically requires that a driver must stop for a pedestrian in a crosswalk.▫ If used, the In-Street Pedestrian Crossing sign shall have a black legend
(except for the red STOP or YIELD sign symbols) and border on either a white and/or fluorescent yellow-green background
▫ If the In-Street Pedestrian Crossing sign is placed in the roadway, the sign support shall comply with the breakaway requirements of the latest edition of AASHTO’s “Specification for Structural Supports for Highway Signs, Luminaires, and Traffic Signals.”
Figure 2B-2. Unsignalized Pedestrian Crosswalk Signs
Indiana MUTCD• Section 3B.16 Stop and Yield Lines
▫ If used, stop lines shall consist of solid white lines extending across approach lanes to indicate the point at which the stop is intended or required to be made.
▫ If used, yield lines shall consist of a row of solid white isosceles triangles pointing toward approaching vehicles extending across approach lanes to indicate the point at which the yield is intended or required to be made.
▫ Yield lines may be used to indicate the point behind which vehicles are required to yield in compliance with a YIELD (R1-2) sign or a Yield Here to Pedestrians (R1-5 or R1-5a) sign.
▫ If used, stop and yield lines should be placed a minimum of 1.2 m (4 ft) in advance of the nearest crosswalk line at controlled intersections, except for yield lines at roundabout intersections as provided for in Section 3B.24 and at midblock crosswalks.
Indiana MUTCD• Section 3B.16 Stop and Yield Lines (cont.)
▫ If used at an unsignalized midblock crosswalk, yield lines should be placed adjacent to the Yield Here to Pedestrians sign located 6.1 to 15 m (20 to 50 ft) in advance of the nearest crosswalk line, and parking should be prohibited in the area between the yield line and the crosswalk (see Figure 3B-15)
▫ Drivers who yield too close to crosswalks on multi-lane approaches place pedestrians at risk by blocking other drivers’ views of pedestrians.
Figure 3B-14. Examples of Yield Line Layouts
Figure 3B-15. Examples of Yield Lines at Unsignalized Midblock Crosswalks
INDOT Chapter 51-7• Section 51-7.09
▫ A path-roadway intersection is among the most critical issues in shared-use-path design.
▫ Figure 51-7 O indicates the treatment for a path-roadway intersection: The Good class should be used if the roadway cross section is wider than 75 ft. or the path is part of a main bicycle route, or if future land development is likely to result in a significant increase of bicycle traffic or motor-vehicle traffic. Figure 51-7 O lists guidelines, not absolute requirements, for intersection treatment.
Figure 51-7 O. Recommended Treatment of Shared-Use Path and Roadway Intersection
51-7.09 (02) General Guidelines for Intersection of Shared-Use Path with Road• The following should be considered.
1. The shared-use path should intersect the road at a 90-deg angle.
2. The path width should be increased at the intersection approach to reduce user conflicts.
3. Clear sight lines should be provided for both the motorist and the path user.
4. Signage should be provided to alert the motorist of the path crossing.
5. A visible crosswalk should be provided across the roadway to increase path-user and motorist awareness.
51-7.09 (02) General Guidelines for Intersection of Shared-Use Path with Road
6. Signs, both on the road and the path, should indicate whether the motorist or the path user has the right of way.
7. Curb ramps with detectable-warning devices are required to alert a path user with vision impairments of the street crossing.
8. An overpass, underpass, or facility on a highway bridge requires engineering feasibility and cost analysis to determine the most economical and effective means to provide continuity for a share-use path.
51-7.09 (03) Other Intersection-Design Issues1. Approach Treatment
▫ Relatively flat grades▫ Stopping sight distance▫ Warning signs
2. Curb Ramps▫ Same width as the path
3. Traffic-Control Devices▫ Traffic signal▫ “Stop” sign
4. Transition Zone at Path Termination▫ Integrated into the existing system of roadways
51-7.09 (03) Other Intersection-Design Issues5. Refuge Island
▫ High roadway traffic volume▫ Roadway is wider than 75 ft.▫ Limited gaps in traffic▫ People who cross relatively slowly
Figure 51-7 P. Midblock Type Crossing
Figure 51-7 Q. Typical Realignment of Diagonal Shared-Use Path Crossing at Roadway Intersection
Figure 51-7 R. Adjacent Shared-Use Path to Roadway Intersection with Another Roadway
Figure 51-7 S. Narrow-Wheeled Vehicle Safe Railroad Crossing
Figure 51-7 T. Refuge Island at Roadway Intersection
What Needs to be Done (if anything)…?
▫ Revise State Code and/or Drivers Manual▫ Revise INDOT Design Manual▫ Promote Changes to National Uniform Vehicle
Code with State Adoption▫ Establish Suggested Design Guidelines▫ Establish Mandatory Design Guidelines▫ Public Education Program
• By Whom…?▫ IDNR▫ INDOT▫ IPRA▫ Others
Moderator:Alan Hamersly, Butler, Fairman & Seufert, Inc.
Panel Members: Bob Bronson, IDNR Outdoor Recreation
[email protected] Crow, Young & Young, Attorneys at Law
[email protected] Hardesty, Butler, Fairman & Seufert, Inc.
[email protected] Jordan, Westfield Police Department
[email protected] Seal, Noblesville, Parks & Recreation [email protected] Vancleave, INDOT
[email protected] Zafar, INDOT
