Joho the Blog
An Entry from the Archives

In that vein, Walk/Don't Walk lights actually restrict the rights of pedestrians, not increase them. At an unsignalized intersection, pedestrians are allowed to cross whenever they want; at a signalized intersection, only when it says "don't walk."

I suspect that there are some laws, as I remember something along these lines coming in to play regarding a ped/bike accident downtown some years ago.

I can tell you that in Falmouth it is illegal to proceed forward in your vehicle when a pedestrian enters the street ahead. At least this was the case twenty years ago, when stuck in an endless Saturday day traffic jam moving at speeds between zero and two miles per hour, I moved forward as a fellow stepped into the road between two parked cars in what may or may not have been a cross walk. The New York plates on my rental set off the constable's motion detector and I was informed of that law to the tune of a $100 fine. "Wait!" I wanted to scream. "Je ne suis pas un tourist! My wife lives here." Beth quietly explained to me the difference between "summah people" and real people so I shut up and eventually paid my fine.

In Falmouth, like in California, the law definitely favors the pedestrian. This, I believe, is as it should be, but they are mighty quick on the draw in Falmouth.

While in D.C., I have seen pedestrians arrested for walking against a light. In Boston, however, this seems to fall in the no-blood-no-ticket class.

You can see why if you cross-reference the city regulations with that Mass 90:18A statute. Boston is very specific about not walking against lights or between crosswalks. Hardy har.

You can see the city traffic regulations for drivers and walkers in PDF form at Traffic Rules and Regulations. See Section 3:Rule 6.

It then refers to 90:18, which puts the fine at $1 for each of up to three offenses per year and $2 for each of four or more.

You can see the local cops being eager to fill out the paperwork on those charges.

Mass Marrier, thank you for finding that. I hereby insert the entirety of Rule 6 which seems to exhaust the rules governing pedestrian behavior:

RULE 6. Pedestrian Use of Roadway

a. A pedestrian crossing a roadway shall yield the right-of-way to funerals or other processions, ambulances, civil defense, fire, police, and like vehicles on emergency runs, and when such procession of vehicles has passed, shall cross the roadway only in conformance with these Rules.

b. No pedestrian shall leave a sidewalk or safety island and walk or run into the path of a moving vehicle which is so close that it is impossible for the driver to yield the right-of-way.

c. No pedestrian shall stand in a roadway for the purpose of soliciting a ride, employment, or business from the operator or any occupant of any vehicle thereon.

d. No pedestrian shall enter upon a marked crosswalk unless a crossing of the roadway is intended.

e. A pedestrian crossing a roadway within a marked crosswalk shall use the half of such crosswalk to his/her right.

f. A person alighting from a vehicle parked or stopped at a sideline of, or a curb in a roadway, shall alight from the side of such a vehicle nearest such sideline or curb, or if he/she alights from the other side of such vehicle, shall proceed immediately to such sideline or curb, and in either case shall thereupon cross such roadway only in conformance with these Rules.

g. No pedestrian shall walk along the roadway of any way having a sidewalk open to pedestrian use; and no pedestrian shall walk along any other roadway, except on the unfinished shoulder nearest to vehicles proceeding in the direction opposite to the pedestrian's direction.

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Allow me to sum up: Get out of the way of funerals and emergency vehicles. Don't run into moving cars. Don't stand in the roadway trying to get a ride or sell flowers. Use the sidewalk if there is one. Don't stand in a crosswalk, make drivers stop, and then give them the finger. Get out on the passenger's side, unless you'd rather get out on the driver's side.

It'll cost you a buck or two to break any of these rules.

California law definitely favors the pedestrian, who ALWAYS has the right-of-way -- even if they're jaywalking. At least, this is how it works in NoCal (Berzerkeley), where a thick Avalon-ian mist still exists that makes the law quite necessary.

The same laws may exist in SoCal (LaLa-Land), but the unstated and accepted rule is: The person with the biggest/highest vehicle, which is moving fastest, ALWAYS has the right-of-way -- that is, unless your goal in life is to become road-kill.

I was told by a Brookline police officer in court recently that "there are no laws against jaywalking". I guess he could have meant just in Brookline. The judge hearing the case indicated he agreed.

I asked if a "failure to yield" ticket could be issued to a driver who makes a left turn from a left-turn lane, with a green arrow, while a pedestrian with a red-light/don't-walk is in the crosswalk in the right lane, nowhere near the car, but just in the crosswalk.

Then I asked, wouldn't the pedestrian be issued a jaywalking ticket for doing that? Crossing against a light/do-not-walk sign? So the idea is that both the driver and the pedestrian would get a ticket? No. The policeman said no, there's no provision for jaywalking.

If the judge/policeman and judge were correct -- somehow I can't really believe it -- I guess the rules given above pertain to Boston only.

That system is nuts. It doesn't give any real protection to pedestrians. They absolutely should get a ticket. At least for their own safety. The system of course obviously works better if there's reasonable enforcement on both sides.

That's the way it works in SoCal. Pedestrians get tickets all the time for crossing against a light, crossing not in a crosswalk, etc. And drivers get tickets for any real violation of ped rights.

Pedestrians in SoCal -- LA in particular -- are much, much, much safer from cars. There's tremendously better treatment of pedestrians by drivers there than anywhere in Massachusetts.