Selections from Georgia Legal Code of Interest to Pedestrians
provided by publisher of Letter from a Busy Street
Pedestrian
40-1-1(42) Pedestrian" means any person afoot.
Traffic
40-1-I:(66) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.
Right of Way
40-1-1.(52) "Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction. speed. and proximity as to give rise to danger of collision unless one grants precedence to the other.40-6-22. Whenever special pedestrian-control signals exhibiting the words WALK or DONT WALK or symbols so directing a pedestrian are in place, such signals shall indicate as follows:
(1) Word or symbol message WALK --- Pedestrians facing such signal may proceed across the roadway in the direction of the signal. Every driver of a vehicle shall stop and remain stopped for such pedestrians; and
(2) Flashing or steady DONT WALK --- No pedestrian shall start to cross the roadway in the direction of such signal. but any pedestrian who has partially completed his crossing on the WALK signal shall proceed to sidewalk or safety island while the DONT WALK signal is showing. 40-6-96.(d) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway. 40-6-91.(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection. "half of the roadway" means all traffic lanes carrying traffic in one direction of travel.
(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.
(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. 40-6-21. (a) The following meanings shall be given to highway traffic signal indications, except those on pedestrian signals:
(1) Green indications shall have the following meanings:
(A) Traffic, except pedestrians, facing a CIRCULAR GREEN signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic turning shall yield the right of way to approaching vehicles. Vehicular traffic must stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subparagraph. half of the roadway" means all traffic lanes carrying traffic in one direction of travel.
(13) Traffic, except pedestrians, facing a GREEN ARROW signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time.
Such vehicular traffic shall stop and remain stopped to allow a pedestrian lawfully within an adjacent crosswalk to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or Onto which it is turning.
(C) Unless otherwise directed by a pedestrian signal. pedestrians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk;
(2) Steady yellow indications shall have the following meanings:
(A) Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection and
(B) Pedestrians facing a steady
CIRCULAR YELLOW or YELLOW ARROW signal. unless otherwise directed by a pedestrian signal. are thereby advised that there is insufficient time to cross the roadway before a red indication is shown. and no pedestrian shall then start to cross the roadway; and
(3) Steady red indications shall have the following meanings:
(A) Traffic, except pedestrians. facing a steady CIRCULAR RED signal alone shall stop at a clearly marked stop line or; if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to proceed is shown
(B) Vehicular traffic facing a steady CIRCULAR RED signal may cautiously enter the intersection to make a right turn after stopping as provided in subparagraph (A) of this paragraph. Such vehicular traffic shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning.
(C) Traffic, except pedestrians, facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this paragraph, may make a right turn but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a right turn against a steady CIRCULAR RED signal at any intersection where a sign is erected prohibiting such right turn;
(D) Traffic, except pedestrians. facing a steady CIRCULAR RED signal, after stopping as provided in subparagraph (A) of this paragraph. may make a left turn from the left-hand lane of a one-wax street onto a one-way street on which the traffic moves toward the drivers left but shall stop and remain stopped for pedestrians and yield the right of way to other traffic proceeding as directed by the signal at such intersection. Such vehicular traffic shall not make a left turn against a steady CIRCULAR RED signal at and intersection where a sign is erected prohibiting such left turn;
(E) Unless otherwise directed by a pedestrian signal. pedestrians facing a steady CIRCULAR RED signal alone shall not enter the roadway;
(F) Traffic, except pedestrians. facing a steady RED ARROW signal indication may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection, and shall remain standing until an indication to make the movement indicated by such arrow is shown; and
(G) Unless otherwise directed by a pedestrian signal, pedestrians facing a steady RED ARROW signal indication shall not enter the roadway.
(b) In the event an official traffic- control device signal is erected and maintained at a place other than an intersection, the provisions of this Cede section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made. but, in the absence of any such sign or marking, the stop shall be made at the signal. 40-6-92. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway unless he has already, and under safe conditions, entered the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway if he uses the roadway instead of such tunnel or crossing.
(c) Between adjacent intersections at which traffic-control signals are in operation. pedestrians shall not cross at any place except in a marked crosswalk.
(d) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices. When authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
Sidewalk
40-1-1. (57) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians. Crosswalk
40-1-1. (10) "Crosswalk" means:
(A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; or
(B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Intersection
40-1-1.(22)(A) "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or. if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(C) The junction of an alley with a street or highway shall not constitute an intersection.
Parking
40-6-203. (a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall: (1) Stop, stand, or park a vehicle:
(B) On a sidewalk;
(D) On a crosswalk;
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passenger's:
(C) Within 20 feet of a crosswalk at an intersection; Stop
40-1-1.(62) -Stop" or "stopping":
(A) When required, means complete cessation from movement; or (B) When prohibited. means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. 40-6-144.The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway.
Blind People
40-6-94.The driver of every vehicle shall yield the right of way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red or who is accompanied by a guide dog.
Reckless Driving
40-6-390. (a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
Assault
16-5-20. (a) A person commits the offense of simple assault when he either:
(1) Attempts to commit a violent injury to the person of another;or
(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
16-5-21.(a) A person commits the offense of aggravated assault when he or she assaults:
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; 16-5-25.A person charged with the offense of simple assault or simple battery may introduce in evidence any opprobrious or abusive language used by the person against whom force was threatened or used; and the trier of facts may, in its discretion, find that the words used were justification for simple assault or simple battery.
Citizens Arrest
17-4-60.A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion. 17-4-61. (a) A private person who makes an arrest pursuant to Code Section 17-4-60 shall, without any unnecessary delay, take the person arrested before a judicial officer, as provided in Code Section 17-4-62, or deliver the person and all effects removed from him to a peace officer of this state. 17-4-40.Any judge of a superior, city. state, or magistrate court or any municipal officer clothed law with the powers of a magistrate may issue his warrant for the arrest of any offender against the penal laws, based either on his own knowledge or on the information of others given to him tinder oath.
Drivers License
40-5-27.(a) The department shall examine even applicant for a drivers license. Such examination shall include a test of the applicants eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive. 40-5-57.a) The State of Georgia considers dangerous and negligent drivers to be a direct and immediate threat to the welfare and safety of the general public, and it is in the best interests of the citizens of Georgia immediately to remove such drivers from the highways of this state.
This listing was compiled by Peter Saint James author of: Letter from a Busy Street: Traffic versus People. Read the story of traffic on one busy street: view its history. count traffics monetary costs, see how traffic impacts environment, find out how traffic affects people living and driving on the street. learn the moral costs, see how traffic creates more traffic, explode traffic myths. and view the future. From the story of this one street, you learn how the entire auto transportation system works. Or doesnt work. Learn what you need to know to understand coming changes that will affect you, your job, your family, your neighborhood, and your life. Purchase a copy by calling 1 (800) 431-1579
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