1 | A bill to be entitled |
2 | An act relating to pedestrian safety; amending ss. 316.075 |
3 | and 316.130, F.S.; requiring a driver to stop at certain |
4 | intersections to allow a pedestrian to cross a roadway |
5 | when the pedestrian is either in the crosswalk or steps |
6 | into the crosswalk; providing penalties; providing an |
7 | effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Paragraph (c) of subsection (1) of section |
12 | 316.075, Florida Statutes, is amended to read: |
13 | 316.075 Traffic control signal devices.-- |
14 | (1) Except for automatic warning signal lights installed |
15 | or to be installed at railroad crossings, whenever traffic, |
16 | including municipal traffic, is controlled by traffic control |
17 | signals exhibiting different colored lights, or colored lighted |
18 | arrows, successively one at a time or in combination, only the |
19 | colors green, red, and yellow shall be used, except for special |
20 | pedestrian signals carrying a word legend, and the lights shall |
21 | indicate and apply to drivers of vehicles and pedestrians as |
22 | follows: |
23 | (c) Steady red indication.-- |
24 | 1. Vehicular traffic facing a steady red signal shall stop |
25 | before entering the crosswalk on the near side of the |
26 | intersection or, if none, then before entering the intersection |
27 | and shall remain standing until a green indication is shown; |
28 | however: |
29 | a. The driver of a vehicle which is stopped at a clearly |
30 | marked stop line, but if none, before entering the crosswalk on |
31 | the near side of the intersection, or, if none then at the point |
32 | nearest the intersecting roadway where the driver has a view of |
33 | approaching traffic on the intersecting roadway before entering |
34 | the intersection in obedience to a steady red signal may make a |
35 | right turn, but shall yield the right-of-way to pedestrians and |
36 | other traffic proceeding as directed by the signal at the |
37 | intersection, except that municipal and county authorities may |
38 | prohibit any such right turn against a steady red signal at any |
39 | intersection, which prohibition shall be effective when a sign |
40 | giving notice thereof is erected in a location visible to |
41 | traffic approaching the intersection. |
42 | b. The driver of a vehicle on a one-way street that |
43 | intersects another one-way street on which traffic moves to the |
44 | left shall stop in obedience to a steady red signal, but may |
45 | then make a left turn into the one-way street, but shall yield |
46 | the right-of-way to pedestrians and other traffic proceeding as |
47 | directed by the signal at the intersection, except that |
48 | municipal and county authorities may prohibit any such left turn |
49 | as described, which prohibition shall be effective when a sign |
50 | giving notice thereof is attached to the traffic control signal |
51 | device at the intersection. |
52 | 2.a. The driver of a vehicle facing a steady red signal |
53 | shall stop before entering the crosswalk and remain stopped to |
54 | allow a pedestrian, with a permitted signal, to cross a roadway |
55 | when the pedestrian is either in the crosswalk or steps into the |
56 | crosswalk and is upon the half of the roadway upon which the |
57 | vehicle is traveling or when the pedestrian is approaching so |
58 | closely from the opposite half of the roadway as to be in |
59 | danger. |
60 | b. Unless otherwise directed by a pedestrian control |
61 | signal as provided in s. 316.0755, pedestrians facing a steady |
62 | red signal shall not enter the roadway. |
63 | (4) A violation of this section is a noncriminal traffic |
64 | infraction, punishable pursuant to chapter 318 as either a |
65 | pedestrian violation or, if the infraction resulted from the |
66 | operation of a vehicle, as a moving violation. |
67 | Section 2. Section 316.130, Florida Statutes, is amended |
68 | to read: |
69 | 316.130 Pedestrians; Pedestrian obedience to traffic |
70 | control devices and traffic regulations.-- |
71 | (1) A pedestrian shall obey the instructions of any |
72 | official traffic control device specifically applicable to the |
73 | pedestrian unless otherwise directed by a police officer. |
74 | (2) Pedestrians shall be subject to traffic control |
75 | signals at intersections as provided in s. 316.075, but at all |
76 | other places pedestrians shall be accorded the privileges and be |
77 | subject to the restrictions stated in this chapter. |
78 | (3) Where sidewalks are provided, no pedestrian shall, |
79 | unless required by other circumstances, walk along and upon the |
80 | portion of a roadway paved for vehicular traffic. |
81 | (4) Where sidewalks are not provided, any pedestrian |
82 | walking along and upon a highway shall, when practicable, walk |
83 | only on the shoulder on the left side of the roadway in relation |
84 | to the pedestrian's direction of travel, facing traffic which |
85 | may approach from the opposite direction. |
86 | (5) No person shall stand in the portion of a roadway |
87 | paved for vehicular traffic for the purpose of soliciting a |
88 | ride, employment, or business from the occupant of any vehicle. |
89 | (6) No person shall stand on or in proximity to a street |
90 | or highway for the purpose of soliciting the watching or |
91 | guarding of any vehicle while parked or about to be parked on a |
92 | street or highway. |
93 | (7)(a) The driver of a vehicle at an intersection with a |
94 | traffic control signal in place shall stop before entering the |
95 | crosswalk and remain stopped to allow a pedestrian, with a |
96 | permitted signal, to cross a roadway when the pedestrian is |
97 | either in the crosswalk or steps into the crosswalk and is upon |
98 | the half of the roadway upon which the vehicle is traveling or |
99 | when the pedestrian is approaching so closely from the opposite |
100 | half of the roadway as to be in danger. |
101 | (b) The driver of a vehicle at any crosswalk where signage |
102 | so indicates shall stop and remain stopped to allow a pedestrian |
103 | to cross a roadway when the pedestrian is either in the |
104 | crosswalk or steps into the crosswalk and is upon the half of |
105 | the roadway upon which the vehicle is traveling or when the |
106 | pedestrian is approaching so closely from the opposite half of |
107 | the roadway as to be in danger. |
108 | (c) When traffic control signals are not in place or in |
109 | operation and there is no signage indicating otherwise, the |
110 | driver of a vehicle shall yield the right-of-way, slowing down |
111 | or stopping if need be to so yield, to a pedestrian crossing the |
112 | roadway within a crosswalk when the pedestrian is upon the half |
113 | of the roadway upon which the vehicle is traveling or when the |
114 | pedestrian is approaching so closely from the opposite half of |
115 | the roadway as to be in danger. Any pedestrian crossing a |
116 | roadway at a point where a pedestrian tunnel or overhead |
117 | pedestrian crossing has been provided shall yield the right-of- |
118 | way to all vehicles upon the roadway. |
119 | (8) No pedestrian shall suddenly leave a curb or other |
120 | place of safety and walk or run into the path of a vehicle which |
121 | is so close that it is impossible for the driver to yield. |
122 | (9) Whenever any vehicle is stopped at a marked crosswalk |
123 | or at any unmarked crosswalk at an intersection to permit a |
124 | pedestrian to cross the roadway, the driver of any other vehicle |
125 | approaching from the rear shall not overtake and pass such |
126 | stopped vehicle. |
127 | (10) Every pedestrian crossing a roadway at any point |
128 | other than within a marked crosswalk or within an unmarked |
129 | crosswalk at an intersection shall yield the right-of-way to all |
130 | vehicles upon the roadway. |
131 | (11) Between adjacent intersections at which traffic |
132 | control signals are in operation, pedestrians shall not cross at |
133 | any place except in a marked crosswalk. |
134 | (12) No pedestrian shall, except in a marked crosswalk, |
135 | cross a roadway at any other place than by a route at right |
136 | angles to the curb or by the shortest route to the opposite |
137 | curb. |
138 | (13) Pedestrians shall move, whenever practicable, upon |
139 | the right half of crosswalks. |
140 | (14) No pedestrian shall cross a roadway intersection |
141 | diagonally unless authorized by official traffic control |
142 | devices, and, when authorized to cross diagonally, pedestrians |
143 | shall cross only in accordance with the official traffic control |
144 | devices pertaining to such crossing movements. |
145 | (15) Notwithstanding other provisions of this chapter, |
146 | every driver of a vehicle shall exercise due care to avoid |
147 | colliding with any pedestrian or any person propelling a human- |
148 | powered vehicle and give warning when necessary and exercise |
149 | proper precaution upon observing any child or any obviously |
150 | confused or incapacitated person. |
151 | (16) No pedestrian shall enter or remain upon any bridge |
152 | or approach thereto beyond the bridge signal, gate, or barrier |
153 | after a bridge operation signal indication has been given. No |
154 | pedestrian shall pass through, around, over, or under any |
155 | crossing gate or barrier at a railroad grade crossing or bridge |
156 | while such gate or barrier is closed or is being opened or |
157 | closed. |
158 | (17) No pedestrian may jump or dive from a publicly owned |
159 | bridge. Nothing in this provision requires the state or any |
160 | political subdivision of the state to post signs notifying the |
161 | public of this provision. The failure to post a sign may not be |
162 | construed by any court to create liability on the part of the |
163 | state or any of its political subdivisions for injuries |
164 | sustained as a result of jumping or diving from a bridge in |
165 | violation of this subsection. |
166 | (18) No pedestrian shall walk upon a limited access |
167 | facility or a ramp connecting a limited access facility to any |
168 | other street or highway; however, this subsection does not apply |
169 | to maintenance personnel of any governmental subdivision. |
170 | (19) A violation of this section is a noncriminal traffic |
171 | infraction, punishable pursuant to chapter 318 as either a |
172 | pedestrian violation or, if the infraction resulted from the |
173 | operation of a vehicle, as a moving violation. |
174 | Section 3. This act shall take effect July 1, 2007. |