2005 Legislation
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SENATE BILL NO. 1057 – Pedestrian in crosswalk, MV stop

SENATE BILL NO. 1057

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Bill Status



S1057aa...................................................by TRANSPORTATION
PEDESTRIANS - Amends existing law relating to pedestrians' right-of-way in
crosswalks to provide that the driver of a vehicle shall stop and remain
stopped while the pedestrian is in the driver's lane or in an immediately
adjacent lane within any marked crosswalk or an unmarked crosswalk at an
intersection; and to clarify responsibility of the driver of a vehicle
approaching from the rear of a vehicle stopped to permit a pedestrian to
cross the highway.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/27    Rpt prt - to Transp
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/11    To 14th Ord
02/16    Rpt out amen - to engros
02/17    Rpt engros - 1st rdg - to 2nd rdg as amen
02/18    2nd rdg - to 3rd rdg as amen
02/22    3rd rdg as amen - PASSED - 18-10-7
      AYES -- Andreason, Broadsword, Bunderson, Coiner, Compton, Corder,
      Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Malepeai,
      Marley, McGee, McKenzie, Pearce, Richardson
      NAYS -- Cameron, Darrington, Davis, Gannon, Little, Lodge, Schroeder,
      Stegner, Stennett, Werk
      Absent and excused -- Brandt, Burkett, Burtenshaw, Hill, Noble,
      Sweet, Williams
    Floor Sponsor - Broadsword
    Title apvd - to House
02/23    House intro - 1st rdg - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1057
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PEDESTRIANS' RIGHT-OF-WAY IN CROSSWALKS; AMENDING SECTION  49-702,
  3        IDAHO  CODE, TO PROVIDE THAT THE DRIVER OF A VEHICLE SHALL STOP AND REMAIN
  4        STOPPED WHILE THE PEDESTRIAN IS IN THE DRIVER'S LANE OR IS IN  AN  IMMEDI-
  5        ATELY  ADJACENT  LANE WITHIN ANY MARKED CROSSWALK OR AN UNMARKED CROSSWALK
  6        AT AN INTERSECTION, TO CLARIFY A PEDESTRIAN'S RESPONSIBILITY WHEN  LEAVING
  7        A  CURB  OR OTHER PLACE OF SAFETY, TO CLARIFY RESPONSIBILITY OF THE DRIVER
  8        OF A VEHICLE APPROACHING FROM THE REAR OF A VEHICLE STOPPED  TO  PERMIT  A
  9        PEDESTRIAN TO CROSS THE HIGHWAY AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  49-702, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        49-702.  PEDESTRIANS' RIGHT-OF-WAY IN CROSSWALKS. (1) When traffic-control
 14    signals are not in place or not in operation, the driver of  a  vehicle  shall
 15    yield  the right-of-way, slowing down or stopping, if need be, stop and remain
 16    stopped while the pedestrian is in the driver's lane or is in  an  immediately
 17    adjacent  lane  in  order to yield to a pedestrian crossing the highway within
 18    any marked crosswalk or an unmarked crosswalk at an intersection.
 19        (2)  No pedestrian shall suddenly leave a curb or other  place  of  safety
 20    and  walk  or  run  into  any  marked crosswalk or an unmarked crosswalk at an
 21    intersection, or into the path of a vehicle which is so close as to constitute
 22    an immediate hazard.
 23        (3)  Subsection (1) of this section shall not apply under  the  conditions
 24    stated in section 49-704(2), Idaho Code.
 25        (4)  Whenever  any  vehicle  is  stopped  at any marked crosswalk or at an
 26    unmarked crosswalk at an intersection to permit  a  pedestrian  to  cross  the
 27    highway,  the  driver of any other vehicle approaching from the rear in either
 28    the driver's lane or an adjacent lane shall not overtake and pass the  stopped
 29    vehicle.
 30        (5)  Except where otherwise indicated by a crosswalk or other traffic-con-
 31    trol  devices a pedestrian shall cross the highway at right angles to the curb
 32    or by the shortest route to the opposite curb.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Broadsword          
                                                                        
                                                     Seconded by Compton             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1057
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 20 and 21   and  insert:  "and
  3    walk or run into the path of a vehicle which is so close as to constitute".
                                                                        
  4                                 CORRECTIONS TO TITLE
  5        On  page  1,  in  line 6, delete "TO CLARIFY A PEDESTRIAN'S RESPONSIBILITY
  6    WHEN LEAVING"; and in line 7, delete "A CURB OR OTHER PLACE OF SAFETY,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1057, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PEDESTRIANS' RIGHT-OF-WAY IN CROSSWALKS; AMENDING SECTION  49-702,
  3        IDAHO  CODE, TO PROVIDE THAT THE DRIVER OF A VEHICLE SHALL STOP AND REMAIN
  4        STOPPED WHILE THE PEDESTRIAN IS IN THE DRIVER'S LANE OR IS IN  AN  IMMEDI-
  5        ATELY  ADJACENT  LANE WITHIN ANY MARKED CROSSWALK OR AN UNMARKED CROSSWALK
  6        AT AN INTERSECTION, TO CLARIFY RESPONSIBILITY OF THE DRIVER OF  A  VEHICLE
  7        APPROACHING  FROM  THE REAR OF A VEHICLE STOPPED TO PERMIT A PEDESTRIAN TO
  8        CROSS THE HIGHWAY AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 49-702, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        49-702.  PEDESTRIANS' RIGHT-OF-WAY IN CROSSWALKS. (1) When traffic-control
 13    signals  are  not  in place or not in operation, the driver of a vehicle shall
 14    yield the right-of-way, slowing down or stopping, if need be, stop and  remain
 15    stopped  while  the pedestrian is in the driver's lane or is in an immediately
 16    adjacent lane in order to yield to a pedestrian crossing  the  highway  within
 17    any marked crosswalk or an unmarked crosswalk at an intersection.
 18        (2)  No  pedestrian  shall  suddenly leave a curb or other place of safety
 19    and walk or run into the path of a vehicle which is so close as to  constitute
 20    an immediate hazard.
 21        (3)  Subsection  (1)  of this section shall not apply under the conditions
 22    stated in section 49-704(2), Idaho Code.
 23        (4)  Whenever any vehicle is stopped at any  marked  crosswalk  or  at  an
 24    unmarked  crosswalk  at  an  intersection  to permit a pedestrian to cross the
 25    highway, the driver of any other vehicle approaching from the rear  in  either
 26    the  driver's lane or an adjacent lane shall not overtake and pass the stopped
 27    vehicle.
 28        (5)  Except where otherwise indicated by a crosswalk or other traffic-con-
 29    trol devices a pedestrian shall cross the highway at right angles to the  curb
 30    or by the shortest route to the opposite curb.

Statement of Purpose / Fiscal Impact



                    STATEMENT OF PURPOSE
                          RS 14667

The purpose of these proposed amendments is to clarify when a
vehicle must yield to a pedestrian who is utilizing a marked or
unmarked crosswalk at an intersection. This bill will minimize
the variety of interpretations by the courts by eliminating vague
words and phrases and further defining who must stop and where
they must stop. 


                         FISCAL IMPACT

There will be no fiscal impact to the State General Fund or local
Governments for this change, with the exception of possibly
reducing time in courts for people who are cited for violation of
this statute.


Contact:  Senator Joyce Broadsword
          Phone: (208) 332-1338



STATEMENT OF PURPOSE/FISCAL NOTE                     S 1057       


REVISED       REVISED        REVISED       REVISED    REVISED