Answers to your frequently asked questions on pedestrian rights
Q. I have just seen a vehicle driving down a footpath, do they have the right to do this?
A No. Clause 2.13 of the Land Transport (Road Users) Rule 2004, states:-
Driving along footpath
A driver must not drive a motor vehicle along a footpath.
Q I frequently see Courier Vans, Furniture Trucks delivering goods etc., parked on the footpath, do they have the right to do this?
A No. Clause 6.14 of the Land Transport (Road Users) Rule 2004, states:-
Parking on footpaths or cycle paths
1) A driver or person in charge of a vehicle must not stop, stand,
or park the vehicle on a footpath or on a cycle path.
(2) Subclause (1) does not apply to cycles if a road controlling authority indicates otherwise by means of signs or markings or if it installs facilities for the parking, standing, or storage of cycles on a footpath or cycle path.
(3) Nothing in subclause (1) prevents a person from stopping, standing, or parking a cycle, mobility device, or wheeled recreational device on a footpath if doing so does not unreasonably obstruct any other user of the footpath.
Q I have just seen a vehicle driving down a berm. Do they have the right to do this?
A. No. Clause 2.14 of the Land Transport (Road Users) Rule 2004, states:-
Driving on lawn, garden, or other cultivation
A driver must not drive a motor vehicle on a lawn, garden, or other cultivation adjacent to, or forming part of, a road.
Q I was walking past a Petrol Station and a car coming out of the station nearly knocked me over. The driver did stop but maintained that he had the right of way and had expected me to stop to let him past.
Who has the right of way on a driveway crossing a footpath?
A. Clause 4.4 of the Land Transport (Road Users) Rule 2004, states:-
Giving way when entering or exiting driveway
A driver entering or exiting a driveway must give way to a road user on a footpath.
Q As I was approaching a marked pedestrian crossing a line of traffice was queuing at the adjacent traffic lights and one car had stopped across and had blocked the pedestrian crossing so I was forced to leave the crossing to squeeze between the cars, to cross over.
In those circumstances are vehicles allowed to block the pedestrian crossing?
A No! Clause 10.1, Sub clause (2) of the Land Transport (Road Users) Rule 2004, states:-
A driver approaching a pedestrian crossing must not enter the crossing if the driver’s intended passage is blocked by stationary traffic.
A And Clause 6.5 states:-
Parking on or near pedestrian crossings
(1) A driver or person in charge of a vehicle must not stop, stand,
or park the vehicle on a pedestrian crossing.
(2) A driver must not stop, stand, or park a vehicle—
(a) within 6 m of the driver’s approach to a pedestrian
(b) within any distance (being greater than 6 m) from the driver’s approach to a pedestrian crossing that the road controlling authority determines by installing a sign or by marking on the roadway a broken yellow line parallel to, and at a distance of not more than 1 m from, the edge of the roadway.
Q If I am on a pedestrian crossing with only a centre line and not a raised central island, is it legal for a vehicle to drive over that crossing on the other side of the road and the centre line.
A No! Schedule 1, Objective of rule, Clause 3, of the Land Transport (Road Users) Rule 2004, states:-
The rule removes the driver’s right to pass in front of pedestrians on a pedestrian crossing with a centre line. A pedestrian crossing is considered to be 2 separate crossings only if a
pedestrian refuge (traffic island) interrupts it.
Q When I am on a pedestrian crossing may a driver cross in front of me if she/he is on the opposite side of the road,?
A Clause 10.1, Sub clause (3) of the Land Transport (Road Users) Rule 2004, states:-
For the purposes of this clause, if a pedestrian crossing is interrupted by a raised traffic island, the parts of the crossing that are situated on different sides of that traffic island must be regarded as separate pedestrian crossings.
Q If there is no pedestrian crossing within 20m how should I proceed?
A Clause 11.4, Sub clause (1) of the Land Transport (Road Users) Rule 2004, states:-
A pedestrian or rider of a mobility device or wheeled recreational device who crosses a roadway elsewhere than on a pedestrian crossing or at a school crossing point must, whenever possible, cross at right angles to the kerb or side of the roadway.
Q Are there any restrictions on a pedestrian’s use of a pedestrian crossing?
A Clause 11.5, Sub clause (1) of the Land Transport (Road Users) Rule 2004, states:-
A pedestrian or a rider of a mobility device or wheeled recreational device must not suddenly enter a pedestrian crossing when an approaching vehicle is so close to the pedestrian crossing that the driver of the vehicle is unable to give way to the pedestrian or the driver or rider of the device.
And Clause 11.6 states:-
Loitering on crossings or roadways
A pedestrian or rider of a mobility device or wheeled recreational device must not remain on the roadway, including a pedestrian crossing or school crossing point, longer than is
necessary for the purpose of crossing the roadway with reasonable dispatch.
Q I have heard of a Flush Median. What is it and may I use it to help me cross the road?
A The Land Transport (Road Users) Rule 2004 defines a Flush Median as:-
Flush Median, in relation to a portion of a roadway, means an area marked by white diagonal lines for the purpose of separating opposing traffic that is—
(a) painted along the middle of the roadway; and
(b) bounded by approximately parallel, longitudinal white lines.