Do pedestrians have the right of a safe way on public streets?

Individuals walking along roads or developed areas, commonly referred to as pedestrians, are given the privilege of precedence, which is the lawful authorization to proceed before other vehicles. It is called the Right of Way. The determination of this right is influenced by factors like traffic signals, stop signs, and road markings. However, it is important to acknowledge that pedestrians do not always possess this entitlement. While they typically enjoy priority at crosswalks and intersections equipped with traffic lights, there are situations where pedestrians might be denied this advantage. 

Does this requirement of adherence to rules make pedestrians subject to lesser rights on the streets as compared to those the automobile drivers have? How are traffic laws enforced to protect pedestrians from vehicle-related accidents? Have the designated crosswalks and pedestrian signals been adequately available and effective? Are pedestrians held accountable in equal measure as the drivers of automobiles when they create hazardous conditions? Are infrastructure issues to be blamed for posing a risk to all the street users?

 

Street Systems

There are a few commonalities in the systems applied for the regulation of the use of public streets around the world.

  • Crosswalks: Pedestrians and cyclists are given priority at Zebra crossings, where traffic lights are not installed, in most developed countries. However, this practice is not consistently followed in Nepal, India, and certain other South Asian countries.
  • Speed Limit: The speed limits for vehicles vary depending on the type of road, including highways, streets, main roads, and inner roads. It is important for these speed limits to be clearly visible for all drivers and riders, but there is no specific speed limit mentioned in Nepal.
  • Lane Rule: Lane discipline is not commonly observed in Nepal. A solid line in the middle of the road indicates that vehicles are not allowed to cross it, while dotted lines indicate that crossing is permitted with caution.
  • Gadget Use: Using mobile phones while driving is prohibited, although this rule is not consistently obeyed. It is necessary to enforce strict traffic regulations, including the "No phone while driving" rule.

 

Pedestrians versus Motorists

The challenges faced by pedestrians include overcrowding on narrow footpaths, the inconvenience of crossing the road at ground level, inadequate signage and barriers hindering pedestrian movement, an inhospitable environment for the elderly and physically disabled, safety concerns in poorly lit or poorly maintained areas, noise and air pollution caused by traffic, and unappealing streets and pedestrian connections that lack charm, distinctiveness, and comfort (such as shade, seating, and greenery).

Drivers do not have it easy either. Road bumps in close proximity, road craters and excavations, careless riding by fellow motorists and cyclists, pedestrians occupying the streets due to the absence of sidewalks (encroachment), overtaking from all directions, and utilising high beams at night are some major hurdles they have to deal with. 

There are situations where pedestrians are not granted the right of way and are required to yield to vehicles. These situations include crossing the road outside of marked crosswalks or pedestrian crossings, suddenly stepping into the road without giving the driver sufficient time to react, jaywalking (crossing at an undesignated location), and crossing against a traffic signal. Jaywalking and crossing against a traffic signal can be illegal and may result in penalties. Pedestrians are required to comply with traffic regulations and signals while exercising caution when crossing outside designated pedestrian zones.

As a result, pedestrians shoulder the responsibility of being cautious and avoiding abrupt or unforeseen entry onto roadways. However, drivers still have a responsibility to drive safely and watch out for pedestrians, exercising caution and being prepared to stop for pedestrians who may unexpectedly enter the thoroughfare.

 

Regulation in Nepal

The legislation that presently regulates traffic activities and road safety in Nepal are as follows.

Public Roads Act, 2031 (1974): It has clarified the understanding of what parties should be meant by employment of certain words and phrases.

  • "Motor Vehicle" is any mechanically propelled vehicle plying on the road.
  • "Passenger" is a person who travels by a public motor vehicle.
  • "Driver" is a person who has obtained a motor vehicle driving license.
  • "Traffic Signs" are all information, signals, or signs given by the police or drivers to guide or direct motor vehicles.

Motor Vehicles and Transport Management Act, 2049 (1993): It has prescribed certain rules for motorists and pedestrians to follow.

  • Prohibition on driving a motor vehicle without obtaining a driving licence.
  • Disqualification for obtaining a driving licence based on age, physical and medical conditions.
  • Prohibition on driving in excess of the set speed limit.
  • Prohibition on tampering with the posted, displayed or affixed traffic signs.
  • Obligation for drivers to observe traffic signs prescribed by law.
  • Prohibition on causing obstruction to traffic with goods or motor vehicles.
  • Obligation for pedestrians to walk on pavements and crossroads at designated places.
  • Prohibition on consuming liquor or narcotic substances while driving.
  • Prohibition on reckless driving of a motor vehicle.

Despite the prescribed traffic regulations, both pedestrians and motorists show a lack of compliance, resulting in numerous accidents. The effective enforcement of these rules remains a challenge on Nepalese roads. Unawareness of the laws and people's reluctance to allocate additional time for their own safety, combined with reckless and hazardous haste, have contributed to the emergence of these issues.

In the fiscal year 2022-23, the traffic police in the Kathmandu valley have enforced penalties against 4,314 drivers and riders after reviewing CCTV footage of traffic rule violations. The majority of these cases involved infractions such as disregarding traffic lanes and driving against the designated flow of traffic. Those found guilty of breaking traffic rules are subject to fines ranging from Rs 500 to Rs 1,500. On a daily basis, an average of 1,200 drivers and motorcyclists are apprehended for contravening traffic regulations.

 

Conclusion

While holding pedestrians and motorists to play their part in ensuring their own safety and the safety of others, it is essential to properly enforce existing laws and adapt regulations to meet current needs. Several measures that can be taken from a legal perspective include strict enforcement of traffic laws to deter violations, improved infrastructure with well-marked crosswalks and sidewalks, public awareness campaigns to educate about rights and responsibilities, regular road safety audits to identify hazards, enhanced penalties for traffic violations, comprehensive driver education programs, promotion of alternative transportation options, and collaboration among stakeholders. Implementing these suggestions can lead to a safer road environment for everyone involved. This collective effort will contribute to enhancing pedestrian safety and reducing accidents.

 

References

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