Maximator
How does you colleague behave when he is the pedestrian and crossing over and entrance way at a 'dropped kurb' or 'pavement break' location ? What expectations does he have ?
I found the following which helps to first establish what is considered to be a 'road', from the official CPS (gov) website
here (about 2/3rds of the way down the page) :
CPS - Gov website wrote:
Definitions of 'Road or Other Public Place'
The term 'road' is defined at section 142 of the Road Traffic Regulation Act 1984 as any length of highway or other road to which the public has access and includes bridges over which a road passes. The Concise Oxford Dictionary defines 'road' as a line of communication for use of foot passengers and vehicles; while in Oxford v Austin [1981] RTR 416 it was said to be a definable right of way between two points.
The expression 'on a road or other public place' is employed frequently in Road Traffic legislation, for example, in the drafting of moving traffic offences at sections 1-6 RTA. A public place is a place to which the public, or part thereof, have access.
See Wilkinson's 1.122 to 1.160 for further details.
See also DPP v Vivier [1991] Crim LR 637, DPP v Neville [1996] 160 JP 758 and Cutter v Eagle Star Insurance Co. Ltd, Clarke v Kato and Others [1998] 4 All ER 417.
Insurance cover is required for the use of a vehicle on a road or a public place.
See Wilkinson's A18.358.
The onus is on the prosecution to establish that a particular location was a 'road' or 'other public place'.
Maximator wrote:
I was talking about this matter to a friend over the weekend and he sent me a pic of another situation where the kerb edges sweep in across the pavement but there is also a kerb edge at the road junction (attached pic). I've seen these elsewhere too (both in entrances to places like supermarkets and also at junctions to smaller residential roads) and wondered do these mean anything special? With all these variations it's no surprise people (drivers and pedestrians alike) are confused.
No they are still all a part of the road network for pedestrians and vehicles. If you are pointing out that some kerbs edge the pavement and then there is a clear tarmac roadway then the vehicle road 'path' that shows a road, as we all know it to more commonly be referred to as opposed to the pavement, will provide a motorists a different expectation of interaction with pedestrians. However it is clear that if a pedestrian steps out onto the road off the pavement all motorists will be expected to be able to stop in time. As said already, in essence anticipate the actions of others.
Some Supermarket carparks are private, some Council owned, and some owned by the Supermarkets but run under strict guidelines with the local Council, hence why some have charges and (many) don't.
But they are all areas where you are expected to give way to pedestrians, unless a traffic light system (or other appropriate instruction), provides you with that priority, or an agreement is given by the pedestrian. [As a slight aside : Be aware if you indicate to a pedestrian to cross the road in front of you, (after you have stopped or are already stopped) if they then collide with another vehicle, you can be held responsible, so always allow the pedestrian to choose to walk across of their own accord.]
I agree with much of the previous comments.
Some interesting pavement info and websites :
here,
here,
here, & the Oxford Dictionery definition of dropped kerb
here.
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