Update:
Definition of “Jaywalking” :
It has a number of definitions, but it essentially describes a pedestrian who ignores the rules of the road, especially while crossing the road. Jaywalking would be classified as a pedestrian offence.
Pedestrians may have the right-of-way, but they do not have the right-of-weight. When a motor vehicle comes into contact with a pedestrian, the laws of physics aren’t very forgiving and unfortunately, the reality is, pedestrians die.
In the GTA (Greater Toronto Area) in the month of January, 2010 there were fourteen (14) pedestrian deaths in twelve (12) days, where a motor vehicle came into contact with a pedestrian, who were on the road. This alarming number represents almost half as many pedestrians as died, in similar circumstances, in the entire calender year of 2009.
In response to this horrific death rate, police mounted a campaign, directed at motor vehicles and pedestrians alike. In many instances, police just stood at one corner of an intersection and waited for “jaywalkers” to cross the intersection without a green light or after the flashing red hand (the “stop” or “don’t cross signal”) appeared. Upon reaching the other side, jaywalkers were either provided with a verbal warning or were asked for their identification and were then issued a “jaywalking” ticket.
Pedestrians, crossing the street at a pedestrian crossing, need to know that after the light has turned green, they have about 8 seconds to cross the street, before the flashing red hand (the “stop” or “don’t cross signal”) is activated and begins flashing. If a pedestrian, leaves the curb and steps onto the street after the flashing red hand appears (even though the timer is counting down) then they can be ticketed for “jaywalking” and provided with a ticket with a fine of thirty five ($35.00) dollars for disobeying the flashing “don’t walk” signal.
The expectation, upon entering the roadway, is that pedestrians will be able to cross the street, based on an Ontario Provincial standard of being able to cross that road at 1.25 metres per second.
If a pedestrian walks outside or adjacent to a cross-walk (not within the designated lines), this could constitute an offence of “fail to use cross-walk” which would be met with a ticket, with a fine of thirty five ($35.00) dollars.
If a pedestrian decides to avoid using the pedestrian crossing and wants to cross the street midway (in the middle of the block, also referred to as “mid-block”) and it is determined that that pedestrian forced vehicles to stop or slow down (rather than just waiting for a gap in traffic) then the pedestrian could receive a ticket, with an eight five ($85.00) fine, for “failing to yield to vehicles when crossing a roadway”. See Toronto’s By-law 32-92 and the Ontario Highway Traffic Act below:
All of the fines referred to above do not include the victim fine surcharge , which is a surcharge always added to the specified fine.
Here are some of the SET FINES for jaywalking:
H.T.A = abbreviation for Ontario’s Highway Traffic Act
Pedestrian fail to use cross-walk – subsection 144(22) of the H.T.A – Set Fine = $35.00
Pedestrian disobey flashing green light – subsection 144(24) of the H.T.A – Set Fine = $35.00
Pedestrian disobey red light – subsection 144(25) of the H.T.A – Set Fine = $35.00
Pedestrian disobey amber light – subsection 144(25) of the H.T.A – Set Fine = $35.00
Pedestrian disobey “don’t walk” signal – subsection 144(27) – Set Fine = $35.00
Cyclist — ride in or along crosswalk – subsection 144(29) – Set Fine = $35.00
In addition to these set fines, the pedestrian would be expected to pay the court fee and victim surcharge.
Example: if a pedestrian disobeyed the “don’t walk” signal and crossed the street anyway and received a jaywalking ticket (see subsection 144(27) above) with a fine of $35.00. In addition to the fine, would be the victim fine surcharge of $10.00 and the court fee of $5.00 = total payable would be $50.00 upon conviction or if the pedestrian voluntarily paid their ticket (which the law recognizes as the pedestrian acknowledging that they are guilty and are therefore paying their fine).
Remember that the courts expect a pedestrian, who walks onto a street, with the intention of crossing that street to the other side, to walk across the street as safely and as soon as is practicable. Subsection 144 (28) of the Highway Traffic Act almost sums up what the expectation is, of a pedestrian crossing the street:
Pedestrian Right of Way
(28) Every pedestrian who lawfully enters a roadway in order to cross may continue the crossing as quickly as reasonably possible despite a change in the indication he or she is facing and, for purposes of the crossing, has the right of way over vehicles.
It is surprising how many pedestrians cross the street oblivious to their surroundings while talking to someone beside them, chatting on the phone, text messaging someone or reading. It shouldn’t come as a total surprise when, after they have come into contact with a vehicle and have sustained injuries, that they (and not the motor vehicle operator) are actually charged by the police. This happens more times then one would expect.
Upon being ticketed, can a pedestrian fight a “jaywalking” ticket?
Yes. These tickets can be fought in the courts, in much the same way that a bicycle ticket, parking ticket or speeding ticket are challenged and fought.
If you follow these steps, you can successfully defend yourself – see:
What are the laws surrounding “jaywalking”?
Every municipality can create their own bylaws in Ontario to cover the act of jaywalking and the fines associated with this act. In Toronto, a bylaw that addresses this is:
Metropolitan Toronto bylaw 32-92, Section 10 :
Except where the traffic control signals are in operation or where traffic is being controlled by a police officer, a pedestrian crossing a highway at a place other than a pedestrian crossover shall yield the right-of-way to all vehicles and streetcars upon the roadway, but nothing in the section shall relieve the driver of a vehicle or streetcar from the obligation of taking all due care to avoid an accident.
In Ontario, a review of the Ontario Highway Traffic Act has to take place to understand jaywalking laws:
Interpretation, general
Definitions
“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)
“intersection” means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other; (“intersection”)
“roadway” means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively; (“chaussée”)
Traffic control signals and pedestrian control signals
“intersection” includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians; (“intersection”)
“pedestrian” includes a person in a wheelchair; (“piéton”)
Yielding to pedestrians
(7) When under this section a driver is permitted to proceed, the driver shall yield the right of way to pedestrians lawfully within a crosswalk. R.S.O. 1990, c. H.8, s. 144 (7).
Stopping at flashing red light
(21) Every driver approaching a traffic control signal and facing a flashing circular red indication shall stop his or her vehicle, shall yield the right of way to traffic approaching so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 144 (21).
Pedestrian crossing
(22) Where portions of a roadway are marked for pedestrian use, no pedestrian shall cross the roadway except within a portion so marked. R.S.O. 1990, c. H.8, s. 144 (22).
Pedestrian – green light
(23) Subject to subsections (24) and (27), a pedestrian approaching a traffic control signal showing a circular green indication or a straight-ahead green arrow indication and facing the indication may cross the roadway. R.S.O. 1990, c. H.8, s. 144 (23).
Pedestrian – stopping at flashing green light
(24) No pedestrian approaching a traffic control signal and facing a flashing circular green indication or a solid or a flashing left turn arrow indication in conjunction with a circular green indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (24).
Pedestrian – stopping at red or amber light
(25) No pedestrian approaching a traffic control signal and facing a red or amber indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (25).
Pedestrian control signals – walk
(26) Where pedestrian control signals are installed and show a “walk” indication, every pedestrian facing the indication may cross the roadway in the direction of the indication despite subsections (24) and (25). R.S.O. 1990, c. H.8, s. 144 (26).
Pedestrian control signals – don’t walk
(27) No pedestrian approaching pedestrian control signals and facing a solid or flashing “don’t walk” indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (27).
Pedestrian right of way
(28) Every pedestrian who lawfully enters a roadway in order to cross may continue the crossing as quickly as reasonably possible despite a change in the indication he or she is facing and, for purposes of the crossing, has the right of way over vehicles. R.S.O. 1990, c. H.8, s. 144 (28).
Riding in crosswalks prohibited
(29) No person shall ride a bicycle across a roadway within or along a crosswalk at an intersection or at a location other than an intersection which location is controlled by a traffic control signal system. R.S.O. 1990, c. H.8, s. 144 (29).
Symbols
(30) The “walk” or “don’t walk” pedestrian control indications referred to in this section may be shown as symbols as prescribed by the regulations. R.S.O. 1990, c. H.8, s. 144 (30).
PART XI
CIVIL PROCEEDINGS
Liability for loss or damage
192. (1) The driver of a motor vehicle or street car is liable for loss or damage sustained by any person by reason of negligence in the operation of the motor vehicle or street car on a highway. 2005, c. 31, Sched. 10, s. 2.
Onus of disproving negligence
193. (1) When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle. 2005, c. 31, Sched. 10, s. 3.
Application
(2) This section does not apply in cases of a collision between motor vehicles or to an action brought by a passenger in a motor vehicle in respect of any injuries sustained while a passenger. 2005, c. 31, Sched. 10, s. 3.
Same
(3) This section applies where the loss or damage was sustained on or after the day section 3 of Schedule 10 to the Budget Measures Act, 2005 (No. 2) comes into force. 2005, c. 31, Sched. 10, s. 3.
Same
(4) This section, as it read immediately before the day section 3 of Schedule 10 to the Budget Measures Act, 2005 (No. 2) comes into force, continues to apply where the loss or damage was sustained before that day. 2005, c. 31, Sched. 10, s. 3.
Definitions
(5) In this section,
“motor vehicle” includes street car; (“véhicule automobile”)
“operator” has the same meaning as in subsection 16 (1). (“utilisateur”) 2005, c. 31, Sched. 10, s. 3.
How can a pedestrian legally cross the street without “jaywalking”?
The City of Toronto provides pedestrians the following safety advice:
• Be predictable. Do not make decisions that place you in the path of oncoming traffic
• Cross at traffic signals, crosswalks and stop signs on busy roads
• Look all ways before crossing. Never cross unless it is safe to do so
• Walk, don’t run, across intersections. Only cross when you have enough time to make it to the other side
• At pedestrian crossovers push the button to activate the flashing yellow light and point to indicate your intention to cross
• Try to make eye contact with drivers before stepping off the curb. Just because you see the car, doesn’t mean the driver sees you
• Wait for vehicles to stop before crossing in front of them. Cars take longer than you think to stop
• Keep aware of traffic until you safely reach the other side
Toronto has Existing Pedestrian Policies, Programs and Actions in place and a Pedestrian Charter. There are Pedestrian Priority Intersections and Accessible Pedestrian Signals in Toronto.
Is Jaywalking just part of our culture?
Boston – is the capital and largest city of the Commonwealth of Massachusetts – fine for jaywalking = $1.00 USD
January 29, 2010 – Toronto Police – Campaign: Crossing Safely, Enforcement Results.
February 7, 2010 – When can a child cross the road, unsupervised, at the age of nine (9)?
March 16, 2010 - Pedestrian “Safety” Campaign tickets jaywalkers – see page 3 of 24Hours (Toronto E Edition).
April 19, 2010 - U of T students believe walkway in the air could save lives of pedestrians.
Informational!
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