TonyEnjoyD
Guru
- Location
- Newcastle upon Tyne
I must apologise for boring everyone with legal blurb.
To me it is crystal clear: if a pedestrian is still crossing, drivers and cyclists MUST give way. Going behind them is NOT giving way. When in doubt, stop.
The test I use is "How would I feel if somebody did this to my grandmother?"
Grey area
But surely "give way" is only applicable to a path conflict situation? If the pedestrian has crossed in front of the cyclist and is now on the other side of the road moving away from the cyclist then there is no path conflict.
. he replied that that means waiting until they have finished crossing as they could turn around part way across. the advice is still the same today from ADIs
I completely see your point, and to some degree I'd say it is completely valid.
However, let's see what the Highway Code says about zebra crossings:
"Zebra crossings. As you approach a zebra crossing youMUSTgive way when a pedestrian has moved onto a crossing.
A zebra crossing with a central island is two separate crossings"
Give way imho translates as "do not go over the crossing if there are pedestrians on it" - you can wriggle all you like, but I think we all agree we'd be well peeved at a car driver who started driving behind our grandmothers, but while they were still on the crossing. Why then would you think YOU are exempt from the same rule?
You may argue that it is a legal grey area, and you're probably right. That, as far as I'm concerned, doesn't matter. The real litmus test for me is whether or not it is a moral grey area, and to me it is morally crystal clear: don't go onto the crossing while there are pedestrians on it.
Ultimately, I believe, we cannot on the one hand point out the errors of drivers, using the argument that they can do more damage, while in turn we treat pedestrians in much the same way. In the end, to my mind, the most vulnerable road users must enjoy the most protection. That automatically places pedestrians first, and cyclists second. I shake my head sadly every time I hear a cyclist rant about pedestrians in the same manner as Jeremy Clarkson rants about cyclists.
Now I cannot prove to you in a scientific manner that my opinions on this matter are legally and factually correct, in the manner in which I can prove that 1 + 1 = 2, and I therefore present my opinions as exactly that: opinions. You are of course free to disagree, in which case we'd have to agree to disagree.
Of course, crossing behind a pedestrian isn't anywhere near the level of sheer stupidity and arrogance shown by that small minority who choose to barrel through a crossing full of pedestrians, even a lights-controlled one that shows a green man to the pedestrians and a red light to crossing traffic.
Those idiots, far more than cyclists that jump normal red lights, give us all a REALLY bad name.
How would you prove that 1+1=2?in the manner in which I can prove that 1 + 1 = 2,
Indeed.How would you prove that 1+1=2?
Indeed.
1 + 1 = 10 without any logical concerns and, when it comes to looking after your own kids, 1 + 1 = 11.![]()
It's about the burden of proof. In law it must be proven beyond all reasonable doubt that the crime was committed.In other words, your interpretation is just that, and no more.