Jaywalking
Encyclopedia
Pedestrian
A pedestrian is a person traveling on foot, whether walking or running. In some communities, those traveling using roller skates or skateboards are also considered to be pedestrians. In modern times, the term mostly refers to someone walking on a road or footpath, but this was not the case...
crossing of a roadway. Examples include a pedestrian crossing between intersections (outside or, in some jurisdictions, also inside a marked or unmarked crosswalk) without yielding to drivers and starting to cross a crosswalk at a signalized intersection without waiting for a permissive indication to be displayed. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, state statutes generally reflect the Uniform Vehicle Code
Uniform Vehicle Code
The Uniform Vehicle Code is a privately prepared set of United States traffic laws prepared by the National Committee on Uniform Traffic Laws and Ordinances, a private non-profit organization. Most of the members are state governments, in addition to some related organizations. The extent to which...
in requiring drivers to yield the right of way to pedestrians at crosswalks; at other locations, crossing pedestrians are either required to yield to drivers or, under some conditions, are prohibited from crossing.
The United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
does not formally describe priority regulations for drivers and pedestrians at road junctions or other locations, except with respect to marked Zebra
Zebra crossing
A zebra crossing is a type of pedestrian crossing used in many places around the world. Its distinguishing feature is alternating dark and light stripes on the road surface, from which it derives its name. A zebra crossing typically gives extra rights of way to pedestrians.The use of zebra...
, Pelican
Pelican crossing
A Pelican crossing is a type of pedestrian crossing featuring a pair of poles each with a standard set of traffic lights facing oncoming traffic, a push button and two illuminated, coloured men facing the pedestrian from across the road - a red, stationary man to indicate that it is not safe to...
, and Puffin
Puffin crossing
A pedestrian user-friendly intelligent crossing is a type of pedestrian crossing in use in the United Kingdom.It differs from a pelican crossing in that the lights controlling the pedestrians are on the near side of the road, rather than on the opposite side...
crossings, where motorists are required to give way to pedestrians under defined conditions. Elsewhere, the Highway Code
Highway Code
The Highway Code is the official road user guide for Great Britain. In Northern Ireland the applies while the Republic of Ireland has its own Rules of the Road. It contains 306 numbered rules and 9 annexes covering pedestrians, animals, cyclists, motorcyclists and drivers...
relies on the expectation that pedestrians in the process of crossing at (unmarked) road junctions receive priority, as a matter of common law.
According to one historian, the earliest known use of the word jaywalker in print was in the Chicago Tribune
Chicago Tribune
The Chicago Tribune is a major daily newspaper based in Chicago, Illinois, and the flagship publication of the Tribune Company. Formerly self-styled as the "World's Greatest Newspaper" , it remains the most read daily newspaper of the Chicago metropolitan area and the Great Lakes region and is...
in 1909. (The earliest citation in the Oxford English Dictionary
Oxford English Dictionary
The Oxford English Dictionary , published by the Oxford University Press, is the self-styled premier dictionary of the English language. Two fully bound print editions of the OED have been published under its current name, in 1928 and 1989. The first edition was published in twelve volumes , and...
is from 1917.) The term's dissemination was due in part to a deliberate effort by promoters of automobiles, such as local auto clubs and dealers, to redefine streets as places where pedestrians do not belong.
Origin of the term
The word jaywalk is a compound word derived from the word jay, an inexperienced person, and walk. No historical evidence supports an alternative folk etymology by which the word is traced to the letter "J" (characterizing the route a jaywalker might follow).In towns in the American Midwest in the early 20th century, "jay" was a synonym for "rube," a pejorative term for a rural resident, assumed by many urbanites to be stupid, slightly unintelligent, or perhaps simply naïve. Such a person did not know to keep out of the way of other pedestrians and speeding automobiles. It may also have been coined from the existing American word Jayhawker
Jayhawker
Jayhawkers is a term that came to prominence just before the American Civil War in Bleeding Kansas, where it was adopted by militant bands affiliated with the free-state cause. These bands, known as "Jayhawkers", were guerrilla fighters who often clashed with pro-slavery groups from Missouri known...
, being a term for American guerillas in Missouri in the 19th century.
Originally, the legal rule was that "all persons have an equal right in the highway, and that in exercising the right each shall take due care not to injure other users of the way." In time, however, streets became the province of motorized traffic, both practically and legally. Automobile interests in the USA took up the cause of labeling and scorning jaywalkers in the 1910s and early 1920s; a counter-campaign to name (and disapprove of) "jay drivers" failed.
Causes
The reasons people jaywalk vary from the mundane and technical to the religious. For example, traffic signal synchronization produces 'green waveGreen wave
A green wave is an intentionally induced phenomenon in which a series of traffic lights are coordinated to allow continuous traffic flow over several intersections in one main direction....
s' for motorists but not necessarily for pedestrians, who may encounter little or no conflicting traffic at cross streets where signals instruct them to wait. That signalized crosswalks may require a pedestrian to trigger their operation makes the system unusable at times for Jewish people who observe Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...
. Pedestrians are generally unwilling to observe lengthy wait times at signals. They are also more likely to make "informal crossings" at wide roads. Pedestrians in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
were found to be more likely to follow the traffic-engineer preferred way through intersections with a design that is attentive to the needs of pedestrians. Cultural norms about jaywalking vary by locality but cannot simply be explained by corresponding variances in law. Cities like Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
have similar restrictions on jaywalking at signalized crosswalks, but the practice is far more common in New York.
Safety
Jaywalking is generally perceived as an urban traffic safety problem. Many American newspapers publish stories that are critical of pedestrian road users' safety practices, while police departments often instigate education and enforcement campaigns to curb jaywalking. While nearly three fifths of American pedestrian deaths occur outside of crosswalks, fewer than one fifth occur in close proximity to a crosswalk. When practiced with caution, jaywalking or crossing away from intersections where legal, can be safer for pedestrians than exercising their right-of-way at crosswalks that are not equipped with pedestrian signals. Additionally, unsignalized marked crosswalks where drivers are more likely to yield to pedestrians are not necessarily safer than their unmarked counterparts, where pedestrians behave more cautiously not expecting motorists to yield.Legal issues by jurisdiction
When used in the technical sense, jaywalking specifically refers to violation of pedestrian traffic regulations and laws and is therefore illegal.In many countries such regulations do not exist and jaywalking is an unknown concept.
United Kingdom
In England and Wales it is legal to cross all roads except motorways (where pedestrians and slow vehicles are not permitted).The Highway Code
Highway Code
The Highway Code is the official road user guide for Great Britain. In Northern Ireland the applies while the Republic of Ireland has its own Rules of the Road. It contains 306 numbered rules and 9 annexes covering pedestrians, animals, cyclists, motorcyclists and drivers...
contains additional rules for crossing a road safely, but these are recommendations and not legally enforceable, although as with other advisory parts of the Highway Code compliance or otherwise can be used to establish liability in civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
proceedings such as insurance claims. The term "jaywalking" is little used and not very well known.
The Highway Code specifically mentions the special case of a car turning into a road which a pedestrian is already crossing; the pedestrian has priority.
In UK schools children are taught to cross roads safely through the Green Cross Code
Green Cross Code
The Green Cross Code is a brand created by the UK National Road Safety Committee to raise awareness of pedestrian road safety in the UK...
. British children are taught to "Stop, Look, Listen and Think", before crossing a road.
In Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, jaywalking can be charged at police discretion and usually only in the case of an accident when clearly witnessed. Otherwise, Northern Ireland is essentially the same as elsewhere in the UK.
North America
State and provincial road rules in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
typically require a driver to yield the right of way to a pedestrian crossing a road when the pedestrian crosses at a marked crosswalk or an unmarked crosswalk. Unmarked crosswalks generally exist as the logical extensions of sidewalks at intersections with approximately right angles. Following the Uniform Vehicle Code
Uniform Vehicle Code
The Uniform Vehicle Code is a privately prepared set of United States traffic laws prepared by the National Committee on Uniform Traffic Laws and Ordinances, a private non-profit organization. Most of the members are state governments, in addition to some related organizations. The extent to which...
, state codes often do not prohibit a pedestrian to cross a roadway between intersections if at least one of the two adjacent intersections is not controlled by a signal, but stipulate that a pedestrian not at a crosswalk must yield the right of way to approaching drivers. State codes often permit pedestrians to use roads which are not controlled access facilities and without sidewalks but they must keep to the leftmost side of the road unless this renders them invisible to approaching traffic.
At a signalized crossing, a pedestrian is subject to the applicable pedestrian traffic signal or, if no pedestrian signal is displayed, the signal indications for the parallel vehicular movement. A pedestrian signal permits a pedestrian to begin crossing a street during the "Walk" display; the pedestrian is usually considered to be "jaywalking" only if he entered the crosswalk at some other time. The meanings of pedestrian signal indications are summarized in Section 4E.02 of the national Manual on Uniform Traffic Control Devices
Manual on Uniform Traffic Control Devices
The Manual on Uniform Traffic Control Devices is a document issued by the Federal Highway Administration of the United States Department of Transportation to specify the standards by which traffic signs, road surface markings, and signals are designed, installed, and used...
.
Jaywalking is commonly considered an infraction but in some jurisdictions it is a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
or requires a court appearance. The penalty is usually a fine. In some cities (e.g. New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
, Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
, and Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
), although prohibited, "jaywalking" behavior has been so commonplace that police generally cite or detain jaywalkers only if their behavior is considered excessively dangerous or disruptive. Penalties for jaywalking vary by state or province and, within a state, may vary by county or municipality
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
. In Tempe, Arizona
Tempe, Arizona
Tempe is a city in Maricopa County, Arizona, USA, with the Census Bureau reporting a 2010 population of 161,719. The city is named after the Vale of Tempe in Greece. Tempe is located in the East Valley section of metropolitan Phoenix; it is bordered by Phoenix and Guadalupe on the west, Scottsdale...
, as of June 2006 jaywalking carried fines up to US$118; a sampling of other U.S. cities found fines ranging from US$1 to US$750.
Australia
In Australia, it is illegal to start crossing the road at an intersection when a pedestrian light is red or flashing red. If no such pedestrian light exists, the traffic lights are used, making it illegal to proceed on red or orange. Furthermore, it is illegal to cross any road within 20 meters of an intersection with pedestrian lights or within 20 meters of any pedestrian crossing (including a zebra crossing, school crossing, or any other pedestrian crossing). However, laws against jaywalking are rarely enforced, with the exception of the occasional police "blitz" on jaywalking for a week or so at a time, when the laws are enforced more stringently. Some roads, such as roads with a record of pedestrian accidents, feature fences in their centres to discourage pedestrians, but there is no law against traversing them.New Zealand
In New Zealand, child pedestrians can be fined NZ$10 or adult pedestrians NZ$35 for crossing a road without using a marked crossing if there is one within 20 meters, or crossing at a red light.Singapore
SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
has a fairly harsh view of jaywalking and one can go to prison if it goes to court. However the usual penalty is a S$20 fine. The maximum penalty is 3 months in jail.
Sweden and Norway
It is legal to cross all roads except motorways in SwedenSweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
and Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
. Cars are required by law to give way to pedestrians (but not bicycle riders) at zebra crossings unless there is a traffic light. Pedestrians are encouraged to cross the road at zebra crossings if there is one nearby and are also discouraged from crossing at a red light. In Norway, a red man signal at the crossing indicates that pedestrians must not begin crossing if it would impede cars or entail danger, but a person may walk across if there are no cars nearby. Taking risks and running across in front of cars is not legal. Not everyone is aware that cyclists are required to stop at a red signal, and the Norwegian national cyclists' organization has proposed disallowing all people from crossing at red to reduce the confusion.
See also
- Effects of the automobile on societiesEffects of the automobile on societiesOver the course of the 20th century, the automobile rapidly developed from an expensive toy for the rich into the de facto standard for passenger transport in most developed countries. In developing countries, the effects of the automobile have lagged, but are emulating the impacts of developed...
- Crosswalk
- MisdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
- Reclaim the StreetsReclaim the StreetsReclaim The Streets is a collective with a shared ideal of community ownership of public spaces. Participants characterize the collective as a resistance movement opposed to the dominance of corporate forces in globalization, and to the car as the dominant mode of transport.-Protests:Reclaim The...
External links
- What every Brit should know about jaywalking; BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...