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Pedestrian Crossings Act

LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006

Commencement: 12 April 1977

CHAPTER 94
PEDESTRIAN CROSSINGS

JR 21 of 976
JR 27 of 11976
JR 3 of 1979

ARRANGEMENT OF SECTIONS

1. Creation of pedestrian crossings
2. Consultation with Commissioner of Police
3. Marking of pedestrian crossings on roadway
4. Offences

5. Amendment of Schedule
   

SCHEDULE

Part 1 – Form and marking of pedestrian crossings
Part 2 – Conduct of pedestrians and drivers

PEDESTRIAN CROSSINGS

To provide for the installation of pedestrian crossings in urban areas.

1. Creation of pedestrian crossings

The mayor of any municipality may, if in the view of the municipal council it is desirable so to do, order the installation on any of the roads within the area of that municipality of crossings giving pedestrians priority over road traffic, which said crossings are hereinafter called pedestrian crossings.

2. Consultation with Commissioner of Police

Before the site of any pedestrian crossing is finally determined the mayor:

(a) shall seek the views of the Commissioner of Police as to whether the installation of a pedestrian crossing in the position proposed by the municipal council would result in a traffic hazard; and

(b) unless the Minister responsible for transport shall otherwise direct him, shall not order the installation of a pedestrian crossing at any place where the Commissioner of Police considers it would cause a traffic hazard.

3. Marking of pedestrian crossings on roadway

A pedestrian crossing shall be defined and marked on the roadway in accordance with the provisions of Part 1 of the Schedule hereto.

4. Offences

(1) Any person who fails to comply with any of the provisions of Part 2 of the Schedule shall commit an offence punishable on conviction by a fine not exceeding VT 10,000.

(2) It shall not be a defence in the case of any prosecution for an offence against subsection (1) that the markings prescribed in paragraphs (1) to (4) of Part 1 of the Schedule have become worn or obliterated.

(3) The treasurer of a municipality or a police officer may in his discretion upon consideration of the facts of the alleged offences, issue to the offender a compounding notice giving him the option in lieu of being prosecuted, of paying a fixed fine not exceeding one half of the maximum fine which may be imposed under subsection (1) or such lesser amount as the Minister responsible for transport may by Order prescribe, and upon payment of such compounded fine the offender shall not be liable to be prosecuted, or if prosecuted to be convicted in respect of that offence and any such compounded offence shall not be considered for any purpose as being a conviction.

5. Amendment of Schedule

The Minister responsible for transport may by Order amend Part 1 of the Schedule.

SCHEDULE

(sections 3 and 4)

PART 1

FORM AND MARKING OF PEDESTRIAN CROSSINGS

1.

(1) A pedestrian crossing (hereinafter referred to as a "crossing") shall consist of a length of carriageway approximately 3 metres long measured along the centreline of the carriageway. This length of carriageway shall be divided into bands parallel to the centreline each band approximately 50 centimetres wide, across the full width of the carriageway. Alternate bands shall be painted white.

(2) The limits of the crossing shall be the 2 edges of the carriageway, and the 2 theoretical straight lines approximately 3 metres apart, collinear with the ends of the white bands.

(3) The preceding provisions of this paragraph shall be regarded as having been complied with in the case of any crossing which for the most part complies with those provisions notwithstanding that those provisions may not be complied with as respects one or more bands, so long as the general appearance of the pattern of bands is not thereby materially impaired.

2. On either side of the crossing a double white line may be painted along the road centreline for a distance of approximately 10 metres, indicating that overtaking is prohibited within the distance so marked. The double white lines shall be 15 centimetres wide and 15 centimetres apart.

3. A crossing approach warning line shall be marked on the carriageway at a distance of 10 metres before the crossing when viewed by approaching traffic. This line shall consist of a broken white line 15 centimetres in width painted across the approach lane of the carriageway, parallel to the crossing.

4. The prohibited parking area 10 metres either side of the crossing shall be indicated by a single or double white line adjacent to and parallel to the edge of the carriageway for the required distance.

5. Traffic signs in accordance with figure 13 b of section A of Schedule 7 of the Road Traffic (Control) Act, Cap. 29 shall be erected in such a prominent position as to give adequate warning to drivers approaching the crossing. Where practicable such signs shall be placed 20 metres away from the crossing on the right-hand side.

6. If the crossing is not on a road that is illuminated at night, sufficient lighting should be provided to enable pedestrians on the crossing to be clearly visible.

PART 2

CONDUCT OF PEDESTRIANS AND DRIVERS

1. For the purposes of this Schedule the expression "vehicle" shall include a pedal bicycle or motorised bicycle.

2. Every person crossing a roadway on foot within the limits of a crossing shall have precedence of right of way over all approaching vehicles.

3. No pedestrians shall remain on a crossing longer than is necessary to cross the road at a normal pace.

4. Any person starting to cross a crossing in front of an approaching vehicle without giving sufficient forewarning to the driver to enable him to pull up safely, shall be guilty of an offence.

5. All drivers shall stop their vehicles before the limits of the crossing if –
   

(a) a pedestrian is on the crossing; or

(b) a pedestrian has given indication of his intention to cross; or

(c) other vehicles from either direction have already stopped, or obviously intend to stop, at the crossing.

6. The driver of a vehicle shall not cause the vehicle or any part thereof to stop within the limits of a crossing unless he is -

(a) prevented from continuing by circumstances beyond his control; or

(b) obliged to stop in order to avoid an accident.

7. The area within a distance of 10 metres either side of a crossing shall be a prohibited parking area, and the driver of any vehicle parking within this area shall be liable to the penalties prescribed in section 4(1) of this Act.

8. Overtaking shall be prohibited for such distance on both sides of a crossing as may be indicated by the double white lines painted along the centreline of the roadway.