BASSETERRE, St. Kitts – FUNNY how we never really pay attention to certain things until we realise just how much of an impact they have on our lives.
It is believed that confession is good for the soul and, well, I am here to confess. For many years I took for granted pedestrian crossings and their importance with regard to maintaining the order of the traffic scene in the Federation. I found myself existing, totally ignorant of whether the law spoke to behaviour at pedestrian crossings or if pedestrians and motorists were governed by our courtesies and how and when we extend them.
It took a number of memorable incidents for me to understand just how important these strategically-placed “white lines” are.
A couple of months ago, I had an experience – which I am thankful for – but one which caused me to think.
I was on my way to work one morning, and after disembarking a public transport at College Street Ghaut I proceeded east along Cayon Street until I met the first pedestrian crossing. Crossing – unlike some days – was not too much of a task. When I got to the other side of the road I saw an elderly woman who seemed befuddled, so I inquired if she was okay and if she needed assistance.
Her perplexed look slowly changed to one of relief and she explained to me that she – for quite sometime – was endeavouring to cross the road but had grave difficulty doing so. She complained that when she stepped onto the edge of the pedestrian crossing to indicate to oncoming traffic that she intended to cross, there was no deceleration. The drivers, she said, seemed not to want to stop to allow her to pass. She told me that she was scared; she didn’t want to get knocked down.
She appeared quite frustrated and I offered to escort her across the road. Not that I wanted or expected her to, but she thanked me for helping her. I felt for her and wondered why the motorists didn’t think it necessary to stop their vehicles and let the elderly lady cross the road.
My personal experiences with crossing the street – at pedestrian crossings – were superseded by this one. My thoughts on this issue were many, but chief among them came in question form: Are motorists mandated by law to wait at a pedestrian crossing to let pedestrians cross or is it a mere courtesy?
I remember raising the issue at work in one of our daily meetings. There, I stuck adamantly to my belief that the law prescribes that, having seen a pedestrian at a “cross walk”, motorists should stop and allow him/her to pass. I can recall distinctly one of my bosses trying his best to get me to understand that the law makes no such prescription. Pigheadedness set in and I stuck obdurately to what I believed...I will soon find out that I was totally wrong and that common courtesies extend to the road as well. It’s amazing how I was willing to put my head on a block without even doing a little research. That should never be; lesson learnt!
I clearly understand the frustrations of pedestrians, as I am one of them. On the flip side however, I have also taken into account the frustrations of motorists, as on occasion I too am one.
I have taken numerous strolls through Basseterre with a particular co-worker of mine and, at the end of each one, I marvelled at her obvious total disregard for pedestrian crossings and motorists. On countless occasions she would cross the road without even so much as a glance in the different directions to see if traffic was flowing along the road or even to see if she was in danger of being struck by a vehicle. She, by her own admission, is completely unapologetic and seems adamant in continuing along this vein as long as she has breath; this coming from someone who was once knocked unconscious by a bicycle years ago.
Of course, the thinking process began here, again. I wondered if she was totally oblivious to the imminent threat to life and limb that her actions can cause. I wondered if she was seriously expecting to go through the remainder of her life like this. I even wondered how I would feel as a driver having to deal with pedestrians such as her.
From our discussions and her actions, she is wont to erratically cross the road without checking for oncoming traffic. Even if she checks, she crosses in no perceptible haste, seemingly reminding herself that all other road users MUST stop as she concludes her “graceful” and leisurely promenade. How strange! How so very strange!
I thought there must be some law which speaks to this type of behaviour.
I contacted Inspector Cromwell Henry, former member of the Police Force’s Traffic Department and former prosecutor at Magistrate Traffic Court, and posed my questions to him.
I asked him if motorists are expected to, by law, stop at pedestrian crossings and allow waiting pedestrians to cross. I also asked him if the possibility exists that there is some penalty - as prescribed by law - for persons who abuse crossings and or even refuse to use them.
His response forced me to concede, as I was clearly wrong. The law doesn’t address either of these issues, Henry explained. But I was somewhat comforted when he said there is an internationally adopted code that speaks to road courtesies. Henry, now the Police Press and Public Relations Officer, further explained that, notwithstanding there are no traffic laws that address these issues, breaches of the code could have ramifications.
“There is no specific law that requires motorists to stop to allow pedestrians to cross. But it is part of the road courtesy that is recommended in the Highway Code, that as much courtesies as possible be extended to pedestrians on the road. While the provisions of the Highway Code are not law, a failure to comply with these provisions or recommendations in the Highway Code, if a person (pedestrian or motorist) is impacted negatively on the road by your driving, that person could successfully rely on the provisions of the Highway Code in a court of law.
“While there is no prescribed law mandating motorists to act in a particular way, the Highway Code is recognised by the law and a failure to comply with provisions within it could lead to the violator being held liable if an action is brought against them in court, whether for negligence or recklessness.”
The Inspector expressed that although pedestrian crossings have been provided for pedestrians’ use, “The courtesy to allow pedestrians to cross should not only be extended at pedestrian crossings but at any point where pedestrians are attempting to cross the road.”
Pedestrians, of course, are expected to do their part in promoting road safety and, as Henry explained, the Highway Code speaks to a number of dangerous situations which they should not put themselves in.
“Similarly, the Highway Code places some obligations on pedestrians when attempting to cross the road. For example, it states that we should not cross the road from between parked vehicles unless you have first made yourself visible to oncoming traffic. It also advises against pedestrians crossing the road at bends or at the brow of a hill or in any other situation which makes the pedestrian difficult to be seen by oncoming traffic.”
I was somewhat appeased when Henry said he observed situations similar to the ones I have outlined. If there was even a scintilla of feelings of overreaction, they were dispelled.
“I have seen situations where pedestrians have difficult times crossing the road because of motorists not stopping and allowing them to cross. I’ve also seen situation where, even while they are on the crossing, vehicles appear to be hurrying the pedestrian off the crossing by a continued accelerated approach. My advice to motorists: reduce your speed when approaching pedestrian crossings and be prepared to stop if pedestrians are crossing or attempting to cross. Do not stop too close to the pedestrian crossing. All pedestrian crossings have lines across the road which indicate the distance motorists should stop from the them.”
“Pedestrians: You should always ensure that you are seen by oncoming traffic and do not cross until the vehicle has stopped to allow you to cross. That is one way to ensure that they would have seen you. Do not cross the road from between parked vehicles unless you are sure it is safe to do so. Do not cross in bends and if you are crossing the road at a junction, you should also be on the lookout for vehicles that are turning into the junction.”
Having heard all this, the thought that tickles my mind is, “Is the Highway Code enough to encourage and persuade us to extend common road courtesies?” Or is there need for the enactment of some sort of legislation to deal with those individuals who don’t see the need for or repudiate the sheer thought of road courtesy?
Herein, I concede defeat and express to my boss that you were right and I was wrong. Waiting at a pedestrian crossing is not a law but a courtesy!
To those – both pedestrians and motorists - who recognise the value of, need to and who extend road courtesies, I tip my hat, and to those who are set in their unwillingness to do so, I leave you with the words of this axiom, “Courtesy costs nothing.”
