Matching Enforcement to the Law in Arlington's Crosswalks
When enforcement doesn’t match the law, it creates more trouble for everyone. A look at the gap between Virginia Code and ACPD’s enforcement of right of way at crosswalks.
Monday night, the Arlington Bicycle Advisory Committee held a site visit at the intersection of Lynn Street and Lee Highway, perhaps the busiest car-pedestrian-bike intersection in Arlington. Members of the public, along with representatives from the Arlington County Police Department and Arlington County staff, discussed the safety challenges of crossing the intersection, which Patch Editor Jason Spencer reported on here.
In the course of the discussion, it became clear that the Arlington County Police Department takes a different view of what it means to have the "right of way" in a crosswalk than one might take from simply reading the law.
In contrast to what the plain language of the law might lead you to believe, ACPD apparently believes that pedestrians and cyclists crossing Lynn Street must yield their right of way when not doing so would lead to a conflict with motorized traffic turning from the I-66 exit ramp (see the last sentence of the Virginia Code quoted below).
This is a troublesome standard, as it essentially enshrines the "might makes right" approach that appears to guide some motorists.
While it is certainly prudent -- and even advisable -- for cyclists and pedestrians to yield when it appears a car may not, that's not the behavior prescribed by Virginia law. Further, when cyclists are constantly hearing that it's important they follow the law, it's not helpful for ACPD to reinterpret the law in favor of the convenience of motorists.
Enforcement practices matter. When they fail to line up with the law, the practices create murky new standards and expectations. Such uncertainty can be dangerous, with those who have read the law operating under one set of assumptions, and those who are aware of the enforcement standards another. In this case, it can lead one cyclist to pull up short when faced with a car at a crosswalk while the cyclist behind him continues through the intersection. This is dangerous for both the cyclist and the driver.
Enforcement has to be harmonized to match the spirit, if not always the letter, of the law.
If those enforcing the law believe that it should be changed, that's another – separate – process. Until then, Arlington County should work to make sure that its enforcement practices better reflect Virginia law.
Mark Blacknell is chairman of the Arlington Bicycle Advisory Committee, a member of the board of directors of the Washington Area Bicyclist Association, and a League Cycling Instructor.
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Drivers to stop for pedestrians; installation of certain signs; penalty.
A. The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:
1. At any clearly marked crosswalk, whether at mid-block or at the end of any block;
[ . . . ]
B. Notwithstanding the provisions of subsection A of this section, at intersections or crosswalks where the movement of traffic is being regulated by law-enforcement officers or traffic control devices, the driver shall yield according to the direction of the law-enforcement officer or device.
No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.
Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.
Mark Blacknell
2:54 pm on Wednesday, September 14, 2011
Here's a relevant part of the Virginia Code that I accidentally omitted from this piece:
"Va Code § 46.2-904. [ . . . ] A person riding a bicycle [ . . . ] on a sidewalk, shared-use path, or across a roadway on a crosswalk, shall have all the rights and duties of a pedestrian under the same circumstances."
So, to be clear, the law I quote in the article applies directly to bikes in crosswalks, despite the fact that it only directly mentions "pedestrians."
John Strother
2:14 am on Thursday, September 15, 2011
From reading your post and way you have the law written, then anyone can cross over an interstate High way, say I66 or 395 or 495 and autos have to yield right of way? However, this line explains Arlington County Police view: No pedestrian shall enter or cross an intersection in disregard of approaching traffic. This includes a bicycle rider. Bicycles are considered to be a toy. No toys are to be rode nor operated on a road way. Sure ride your bicycle on a walk way, side walk or shared path, however if you run into a walker, you have now hit someone with a vehicle. I might agree thet they have the same rights, up to the point that maybe they got off the road to short cut using the cross walk without stopping to look both ways before they cross. They must stop and check traffic before entering a cross walk the same as any pedestrian has to and that also goes for joggers. No one can just step off a curb into a cross walk without allowing traffic to do it's thing. Some places allow bicycle riders the first 3 feet from right shoulder of road to ride. That does not mean those on bicycles can ride down the middle of streets on in left turn lanes. Plus i believe there are laws on how they must make left turns, One cannot ride in the left lane on a bicycle and use a left turn lane to turn. From what I recall, on a bicycle you must cross the street the same as a pedestrian does. I could be wrong, however it makes good sense.
Mark Blacknell
9:47 am on Thursday, September 15, 2011
John, you're an excellent example of why we need better driver's ed/testing. Your understanding of what the law is, and how it works, is almost entirely wrong.
As an initial matter, nowhere does the law say that "anyone can cross over an interstate High way, say I66 or 395 or 495 and autos have to yield right of way". It looks like you don't understand that, in the Virginia Code, "highway" is defined as "the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys." Access to interstates is restricted elsewhere in the code, and the law above has no application to any interstate.
Now, you *do* manage to quote part of the law correctly - "No pedestrian shall enter or cross an intersection in disregard of approaching traffic." And yes, cyclists on sidewalks entering crosswalks have the same rights/duties as a pedestrian. So it is correct that cyclists may not, for example, just roll into an uncontrolled (i.e., no light) crosswalk when a car is about to cross it. In contrast, at the Lee/Lynn intersection, there is both the walk signal indicating that it is time for peds/cyclists to enter the intersection AND the law provides that turning traffic must *always* yield to those in the crosswalk. It's really quite simple.
You're also wrong about bikes=toys, where a cyclists may ride, and left turns. But I've run out of room.
Trey
9:52 am on Thursday, September 15, 2011
John, you are indeed wrong on just about every level. Please see the following VDOT site regarding Bicycling and Walking in Virginia:
http://www.virginiadot.org/programs/bk-laws.asp
Statements that contradict your "good sense":
"A bicycle is a vehicle when operated on the highway." (not considered a toy)
"Bicyclists operating a bicycle on a roadway at less than the normal speed of traffic at the time and place under conditions then existing shall ride as close as safely practicable to the right curb or edge of roadway. Exceptions to this are when bicyclists are overtaking and passing another vehicle proceeding in the same direction, preparing for a left turn, avoiding unsafe conditions, avoiding riding in a lane that turns or diverges to the right, riding on a one way street where bicyclists may ride as near the left-hand curb or edge of roadway, or when the lane width is too narrow to share with a motor vehicle." (Yes, cyclists can ride in the middle of the street for safety, passing or preparing to for a left turn)
"Bicyclists may make left turns as either motorists or pedestrians do." (Yes, cyclists can ride in the left lane when preparing to turn and use the left turn lane. They do not have to "cross the street the same as a pedestrian does."
B
11:21 am on Thursday, September 15, 2011
Leave John alone. He was practicing satire. Or irony. Or something (I flunked English, so what do I know). He couldn't ACTUALLY believe what he said.
Allen Muchnick
1:53 pm on Friday, September 16, 2011
Mark, you are absolutely correct that the Arlington Police have misinterpreted existing Virginia statutes that clearly state that pedestrians (and sidewalk or trail bicyclists) already in a crosswalk have the right of way over all vehicles that have not yet entered the crosswalk. Although police agencies seldom admit to being wrong, I hope that public outrage over this recent injustice will produce a change in ACPD practices going forward.
Michael Roy
9:50 am on Thursday, November 3, 2011
I just saw this. Not understanding the rules about cyclists in a crosswalk isn't unique to Loudon County. When I was charged with running a stop sign on the W&OD in Loudon County, I contested the charge (and won). The deputy testified that although I was in the crosswalk, and notwithstanding the provisions of Va Code § 46.2-904, I had the rights of a pedestrian only if I dismounted and walked my bike. The judge didn't rule on this issue instead finding for me on other grounds.