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Current through October 23, 2012
(a) When official traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and give the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or unmarked crosswalk at an intersection.
(b) A pedestrian who has begun crossing on the "WALK" signal shall be given the right-of-way by the driver of any vehicle to continue to the opposite sidewalk or safety island, whichever is nearest.
(c) Any person convicted of failure to stop and give the right-of-way to a pedestrian or of colliding with a pedestrian shall be subject to a fine of not more than $500, or imprisonment for not more than 30 days, or both. Any person convicted of a violation of this section may be sentenced to perform community service as an alternative to, but not in addition to, any term of imprisonment authorized by this section.
(c-1) Civil fines, penalties, and fees may be imposed by the Department of Motor Vehicles as alternative sanctions for any infraction of the provisions of this section, or rules or regulations issued under the authority of this section, pursuant to Chapter 23 of this title. Adjudication of any infraction shall be pursuant to Chapter 23 of this title.
(d) The Mayor of the District of Columbia ("Mayor") shall submit to the Council of the District of Columbia ("Council") a proposed plan for an extensive public information program on the rights and responsibilities of pedestrians and drivers. This proposed plan shall include proposals for increasing police enforcement of pedestrian right-of-way laws. The proposed plan shall be submitted to the Council within 90 days of October 9, 1987, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed plan, in whole or in part, by resolution within this 45-day review period, the proposed plan shall be deemed approved.
(e) Prosecution for violations under this section shall be conducted in the name of the District of Columbia by the Attorney General for the District of Columbia, or his or her assistants, in the Superior Court of the District of Columbia.
(Oct. 9, 1987, D.C. Law 7-34, § 2, 34 DCR 5316; Mar. 16, 2005, D.C. Law 15-224, § 2, 51 DCR 10533; Mar. 2, 2007, D.C. Law 16-191, § 114, 53 DCR 6794; Nov. 25, 2008, D.C. Law 17-269, § 2, 55 DCR 11015; Dec. 2, 2011, D.C. Law 19-49, § 2, 58 DCR 8945.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-726.
Effect of Amendments
D.C. Law 15-224 rewrote subsec. (a) and, in subsec. (c), substituted 'stop and give' for "yield'. Prior to amendment, subsec. (a) read:
"(a) When official traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or unmarked crosswalk at an intersection."
D.C. Law 16-191 added subsec. (e).
D.C. Law 17-269 added subsec. (c-1).
D.C. Law 19-49 rewrote subsec. (c-1), which had read as follows:
"(c-1) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this section, or the rules or regulations issued under the authority of this section, pursuant to Chapter 18 of Title 2. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2 of Pedestrian Safety Reinforcement Emergency Amendment Act of 2011 (D.C. Act 19-135, August 9, 2011, 58 DCR 6798).
Legislative History of Laws
Law 7-34, "Pedestrian Protection Amendment Act of 1987," was introduced in Council and assigned Bill No. 7-166, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 16, 1987 and June 30, 1987, respectively. Signed by the Mayor on July 23, 1987, it was assigned Act No. 7-62 and transmitted to both Houses of Congress for its review.
Law 15-224, the "Pedestrian Protection Right-of-Way at Crosswalks Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-43, which was referred to the Committee on Public Works and Environment. The Bill was adopted on first and second readings on July 13, 2004, and October 5, 2004, respectively. Signed by the Mayor on November 1, 2004, it was assigned Act No. 15-563 and transmitted to both Houses of Congress for its review. D.C. Law 15- 224 became effective on March 16, 2005.
For Law 16-191, see notes following § 50-921.09.
Law 17-269, the "Pedestrian Safety Enforcement Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-539 which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on July 15, 2008, and September 16, 2008, respectively. Signed by the Mayor on September 30, 2008, it was assigned Act No. 17-522 and transmitted to both Houses of Congress for its review. D.C. Law 17-269 became effective on November 25, 2008.
Law 19-49, the "Pedestrian Safety Reinforcement Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-291, which was referred to the Committee on Public Works and Transportation. The Bill was adopted on first and second readings on July 12, 2011, and September 20, 2011, respectively. Signed by the Mayor on October 11, 2011, it was assigned Act No. 19-179 and transmitted to both Houses of Congress for its review. D.C. Law 19-49 became effective on December 2, 2011.
