No joy for jaywalkers

Fortious Nhambura Senior Features Writer
Zimbabwe for the first time in decades will have a law that prohibits and punishes jaywalking. Jaywalking is when a pedestrian crosses a road at an undesignated point or walks in a manner that endangers his or her life or the smooth flow of traffic. The law that criminalises jaywalking is part of the provision of the new Highway Code that is expected to be launched sometime this year by Government.

Although this is first in Zimbabwe and in Southern Africa jaywalking is punishable in many countries worldwide.

Traffic Safety Council of Zimbabwe managing director Mr Obio Chinyere said the council was finalising consultations on the new Highway Code that is being designed in line with road regulations in the region.

“The Highway Code will cover new areas that were not in the old one such as the road traffic system, which has provisions to fine and prosecute road users, including drivers and non-motorised vehicle users, as well as cyclists and pedestrians,” Mr Chinyere said.

He said the new book sought to promote safety on roads and factor in all aspects that were lacking in the current Highway Code formulated in 1972.

According to the new law contained in the draft code, pedestrians caught crossing at undesignated points or against red traffic lights could be jailed for up to six months, but the standard fine will be a US$20 fine.

Once the new rule book is gazetted and made to law, the police and local authorities would be tasked with enforcing it.

Although the current code prohibits jaywalking, the focus has mainly been to urge pedestrians to be cautious than to criminalise it.

The new code is meant to improve safety on the roads, would deal with all road users, unlike in the past when it emphasised rules for motorists and cyclists. The new rules will be launched by the Traffic Safety Council of Zimbabwe which is under the Ministry of Transport and Infrastructure Development.

In the past the traffic laws generally required drivers to yield the right of way to pedestrians at zebra crossing, traffic light control intersections and other locations.

Although this was mainly done for the safety of the pedestrian, the road user on foot did not have full responsibility of his or her safety on the road. In many cases drivers ended in the dock for culpable homicide because of the reckless behaviour of the pedestrian.

Motorists have to ensure the safety of the pedestrian even if it was to his danger. In some instances serious accidents happened as motorist avoided hitting pedestrians.

This is what the new law seeks to arrest and ensure that all road users have equal responsibility for their actions.

In most cases where jaywalking is a crime it is mainly for the safety of the pedestrian. Motorists are taught to expect pedestrians to cross at zebra crossing and cross-walks and are watching for them but when one crosses away from the cross-walk it is more dangerous for drivers and pedestrians.

Among a host of other laws governing the use of the road by the pedestrians, the new code will outlaw pedestrians having of any kind of distraction, and that  includes using mobile phones when crossing or walking along the road (they will, like drivers, have to stop to talk).

Pedestrians will be banned from getting into or holding onto a moving vehicle, and they will be banned from using undesignated crossing points whenever crossing points are provided.

Motorists welcomed the outlawing and penalisation of jaywalking saying the move would improve traffic flow particularly in big cities like Harare and Bulawayo.

They said with the increase in number of vehicular and pedestrian traffic in urban areas forced the Government to introduce new laws to govern movement of road traffic.

Mr Collins Handura of Warren Park said: “It is necessary that such laws be introduced as jaywalking is becoming a problem on the road.

With the current economic problems you have to be extra alert to avoid hitting some of these pedestrians. It is one of the most welcome developments for the motoring public.”

Another motorist and social commentator, Mr Fredrick Manyangarirwa, said it was important for Government to come up with that govern the movement of traffic on the country’s roads.

“Technological developments in the past few years meant the Highway Code developed in 1972 could not fully regulate road traffic movement and thus required adjustments. Increase in pedestrian and vehicular population and the advent of the mobile phones called for regulation on the behaviour of road users.

“Jaywalking is becoming a menace. Once there is an accident the blame always falls on the driver because people have been educated to believe that on the road the driver of an engine-propelled machine should be more careful that the pedestrian. That is why the public is quick to attack a motorist in the event of an accident.

“It is however important that proper education be given before such a law is implemented otherwise it will not realise the desired results,” Mr Manyangarirwa said.

Officers in Zimbabwe Republic Police traffic section said they were prepared to enforce the statute when it becomes law.

But pedestrians interviewed said it would be difficult to enforce the law as some motorists find it difficult to give those on foot the right of way even on marked crossing points. They just race round the turn as soon as the light turns green, quite often using their mobile phone while they do so, committing two crimes that have been  offences for decades and which are never punished.

Mr Perpetual Kambasha of Mbare: “What mechanisms are in place to ensure that motorist accede the right of way to pedestrians. It is unfortunate that drivers sometimes behave as if they are not pedestrians at one time or the other. This will call for stationing of police officers at all pedestrian crossing points to ensure pedestrians are given right of way.”

Elsewhere in the world, jaywalking is outlawed in countries such as Singapore, Spain, Poland, Slovenia and Australia.

While it is an offence in most urban areas in the United States and Canada, enforcement of jaywalking laws varies between states.

In the US, jaywalking at signalised intersection may carry higher fines in some jurisdictions due to disobeying the signalised controls and may attract the same amount as a vehicle running a red light.

Among the countries punishing the offence, Singapore punishes jaywalking harshly. In that country one can get up to three months in prison or a fine of S$2 000 about US$1 600.

In New Zealand, the fine is up to NZ$10 (US$8) for child pedestrians or NZ$35 (US$25) for adult pedestrians who cross at unmarked area if there is a marked crossing point within 20m or those who cross at a red light.

Pedestrians in Belgium are obliged to use marked crossings if these are within 30 metres while in France pedestrians banned from crossing a street outside zebra crossings if there is one within 50 metres. Culprits are fined 4 euros.

In Australia, it is illegal to cross any road within 20m of an intersection with pedestrian lights or within 20m2 of any pedestrian crossing (including a zebra crossing, school crossing, or any other pedestrian crossing).

The United Kingdom does not formally describe priority regulations for drivers and pedestrians at road junctions or other locations, except with respect to marked zebra, pelican, and puffin crossings, where motorists are required to give way to pedestrians under defined conditions.

The British law enforcement authorities rely on the pedestrian making their own judgment when crossing the road or not. As such jaywalking is generally perceived as an urban traffic safety problem rather than a punishable offence.

Jaywalking is however an offence in Northern Ireland (part of the UK), although it is rarely enforced. Enforcement of the law is at the discretion of the observing officer.

 

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