Traffic laws for pedestrians and drivers to know - From the Florida Department of Transportation

This is a summary of Florida's traffic laws that pertain to pedestrian travel. For the actual wording, the state traffic code should be consulted and can be accessed via this link.

Although drivers are required to exercise care to avoid pedestrians (see next page), pedestrians are also subject to traffic laws.

Definitions
(Section 316.003(6), (28), and (47), F.S.)

CROSSWALK: (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.

PEDESTRIAN: Any person afoot.

Comment: Pedestrians are understood to include: "a person afoot, in a wheelchair, on skates, or on a skateboard" (definition of "pedestrian" in the Manual on Uniform Traffic Control Devices).

SIDEWALK: That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

Comment: The lateral line of the roadway is the edge of the roadway. A street's public right-of-way reservation typically includes width for sidewalks and utilities. Unpaved sidewalks (beaten paths or other firm surfaces) may be practical for some pedestrian use, but generally do not meet technical provisions for "accessible [pedestrian] routes" or "accessible trails" as described in federal accessibility standards and guidelines.

Duties of pedestrians and nearby drivers

Pedestrian use of streets and highways
(Sections 316.130(3), (4), and (18); 316.2065(12), F.S.)

Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.

Where sidewalks are not provided, a pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian's direction of travel, facing traffic which may approach from the opposite direction.

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians.

Comment: Sidewalks in the legal sense (see definition above) exist on most streets in settled areas, but are not necessarily paved. Encroaching vegetation, cracks and upheaval caused by tree roots, illegally parked vehicles and other circumstances can make even paved sidewalks impractical to use at points and inaccessible for those with mobility impairments. Where sidewalk areas have been left unpaved, natural vegetation or landscaping, wet or muddy conditions, nearby ditches, and hazards hidden in grass or under plant litter (wasp nests, sharp objects, tripping hazards, etc.) can similarly make pedestrian use impractical.

When such circumstances occur on a road without curbs, pedestrians traveling along the road should use the left shoulder, the graded area adjacent to the traveled way on the left side. Where such circumstances occur on a street with curbs, there is no shoulder per se, but the customary rule for pedestrians to travel on the left side of the roadway, so as to face any traffic approaching in the adjacent lane, is still applicable when practicable. A driver and a pedestrian who face each other are generally more aware of each other and crash risk is therefore reduced for pedestrians who travel on the left. (Note: because of their much greater speeds and other differences in operating characteristics, cyclists do not enhance their safety by following this rule. On the contrary, it increases a cyclist's crash risk. Roadway cyclists are required to travel on the right.)

No pedestrian shall walk upon a limited access facility (freeway or interstate highway) or a ramp connecting a limited access facility to any other street or highway.

Standing in the roadway
(Section 316.130, F.S.)

No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle.

No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

Crossing a roadway mid-block, not in a crosswalk
(Section 316.130(7), (10), (11) and (12), F.S.)

A pedestrian crossing a roadway at any point other than a (marked or unmarked) intersection crosswalk or a marked mid-block crosswalk shall yield to all vehicles on the roadway.

A 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.

Comment: Since, at mid-block locations without crosswalks, a crossing pedestrian's duty to yield is already established by the provision paraphrased above this one, the only effect of this provision is at intersection crossings where a pedestrian tunnel or overpass has been provided.

A pedestrian may not cross between adjacent signalized intersections.

Comment: Adjacent signalized intersections are generally found in central business districts, less commonly in suburban areas.

Except in a marked crosswalk, a crossing pedestrian must cross at right angles to the edge of the roadway, or by the shortest route to the opposite side.

Crossing a roadway in an unsignalized crosswalk (marked or unmarked crosswalk at an intersection, or crosswalk marked mid-block)
(Section 316.130(7), (8), (9) and (14), F.S.)

The driver of a vehicle at any crosswalk where a sign so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

When traffic control signals are not in place or in operation and no sign indicates otherwise, the driver of a vehicle shall yield, slowing down or stopping if need be to so yield, to a pedestrian crossing 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 so closely from the opposite half of the roadway as to be in danger.

No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path or a vehicle which is so close that it is impossible for the driver to yield.

Comment: A pedestrian who sets foot in a (marked or unmarked) crosswalk where traffic signals are not in place, or are in place but not operating, obliges an approaching driver to yield the right of way, so long as it is feasible for the driver to do so. The driver's duty to yield applies regardless of whether the crossing location is controlled by any signs (Stop or Yield). Yielding may take the form of slowing or stopping; safe yielding requires stopping (and waiting) if the crossing pedestrian is in the driver's lane, in the lane into which the driver is turning, or in an adjoining lane.

When a vehicle is stopped at a crosswalk 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.

Comment: When one driver stops to let a pedestrian cross, the stopped vehicles may screen the pedestrian from the view of an approaching driver, and also screen the approaching vehicle from the pedestrian's view. The law therefore requires a driver approaching a vehicle stopped at a crosswalk from the rear to assume that a pedestrian may be crossing, even when none can be seen at the moment. A violation of this rule can cause serious injury because the overtaking driver is traveling at speed. To reduce this risk, seasoned pedestrians pause to scan the next traffic lane before advancing beyond the outside edge of any "screen".

A pedestrian may not cross an intersection diagonally except where and when crossing is authorized by official traffic control devices.

Crossing a roadway in a signalized crosswalk
(Section 316.075, F.S., and Manual on Uniform Traffic Control Devices)

Respective rights of way and duties of pedestrians and drivers at signalized locations depend on the signal indications that are illuminated.

Red indication-

pedestrian: Unless otherwise directed by a pedestrian control signal (see below), pedestrians facing a steady red signal shall not enter the roadway.
driver: must stop before the stop line or, if none marked, the crosswalk or, if none marked, the intersection. (If a crosswalk is present) the driver must remain stopped before the crosswalk to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

driver on a one-way street who intends to turn left onto another one-way street: must stop on red, and may then make a left turn into the intersection on a one-way street (except where this is prohibited by a sign), but must yield to pedestrians and other traffic proceeding in accordance with the signal at the intersection.

Green indication-

pedestrian: A pedestrian facing a green signal, except when the sole green signal is an arrow signal, may proceed across roadway in any marked or unmarked crosswalk (i.e., in the direction controlled by the signal face), unless directed otherwise by a pedestrian control signal (see below).

driver: Vehicular traffic facing a circular green signal may proceed cautiously straight through or turn right or left unless a sign at such place prohibits either such turn, but shall yield the right-of-way to pedestrians lawfully within the intersection or an adjacent crosswalk.

Vehicular traffic facing a green arrow signal may cautiously enter the intersection to make the movement indicated by such arrow, but must yield to pedestrians lawfully within an adjacent crosswalk.

Comment: Yielding may take the form of stopping or slowing; safe yielding requires stopping (and waiting) if the crossing pedestrian is in the driver's lane, in the lane into which the driver is turning, or in an adjoining lane. A pedestrian is considered to be lawfully within a crosswalk if he started crossing in it when it was legal to do so, and is finishing crossing without undue delay. A driver facing a green arrow signal displayed by a properly operating signal should not ordinarily encounter a pedestrian in a parallel crosswalk. However, a driver facing either type of green indication may need to wait for a pedestrian to finish crossing in the crosswalk immediately before him.

Steady yellow indication-

pedestrian: A pedestrian facing a steady yellow signal indication is thereby advised that there is insufficient time to cross the roadway before a red indication is displayed, and no pedestrian shall then start to cross the roadway.

driver: Vehicular traffic facing a steady yellow signal indication is thereby warned that the related green movement is being terminated.

Comment: For a driver still waiting in the intersection to make a permitted left turn, the duty to yield to a lawfully crossing pedestrian (described for green indication above) still applies, since the yellow signal interval functions as the termination of the green movement.

Pedestrian control signals-

For pedestrians the directions of a pedestrian control signal supersede those of the associated traffic signal. Pedestrian control signals may also be used at mid-block locations. The meanings of the symbolic signal indications (or of the word messages still displayed on some older pedestrian signal heads) are not described in Florida Statutes. They are described in the Manual on Uniform Traffic Control Devices.

steady WALKING PERSON (or "WALK") indication: pedestrian facing the signal indication is permitted to start to cross the roadway in the direction of the signal indication. Pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the time that the WALKING PERSON signal indication is first shown.

flashing UPRAISED HAND (or "DON'T WALK") indication: pedestrian shall not start to cross the roadway in the direction of the signal indication, but any pedestrian who has already started to cross on a steady WALKING PERSON ("WALK") signal indication shall proceed out of the traveled way.

steady UPRAISED HAND (or "DON'T WALK") indication: pedestrian shall not enter the roadway in the direction of the signal indication.

Comment: At some locations a slower walker (who entered the crosswalk during the WALKING PERSON indication) may not have reached the far side of the roadway when the steady UPRAISED HAND indication is first displayed. However, some crossing time still remains. Per the Manual on Uniform Traffic Control Devices, the pedestrian clearance time is comprised of three intervals: the pedestrian change interval (during which a flashing UPRAISED HAND indication is displayed), the yellow change interval (when the steady UPRAISED HAND is displayed and the traffic signal for the parallel vehicular movement displays a yellow indication), and any read clearance ("all red") interval. The pedestrian clearance time should be sufficient to allow a pedestrian crossing in the crosswalk who left the curb or shoulder during the WALKING PERSON indication to travel at a walking speed of 1.2 m (4 ft) per second to at least the far side of the traveled way or to a median of sufficient width for a pedestrian to wait.

Many pedestrian signal heads now incorporate countdown pedestrian signals. These signals count the seconds remaining n the pedestrian change interval (flashing UPRAISED HAND displayed). At the end of this interval, the countdown signal briefly displays zero and the steady UPRAISED HAND indication is displayed. As explained above, some time still remains in the pedestrian clearance time.

Crossings by visually or mobility impaired pedestrians
(Sections 316.1301 and 316.1303, F.S.)

When a pedestrian is trying to cross a public street or highway, guided by a dog guide or carrying in a raised or extended position a white cane or walking stick, an approaching driver is obliged to bring his vehicle to a full stop before arriving at such intersection or place of crossing and, before proceeding, shall take such precautions as may be necessary to avoid injuring such pedestrian.
Only a blind person may carry a white cane or walking stick in a raised or extended position on a public street or highway.

If a mobility-impaired person (using a guide dog or service animal, a walker, a crutch, an orthopedic cane, or a wheelchair), is in the process of crossing a roadway at an intersection, a driver approaching the intersection must stop before arriving at the intersection and take reasonable precautions to avoid injuring such a pedestrian.

Other duties of drivers

Stopping at sidewalk before entering roadway
(Section 316.125, F.S.)

The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the 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 and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.

Driving on a sidewalk
(Section 316.1995, F.S.)

No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.

Not to stop, stand, or park a vehicle on a sidewalk or crosswalk
(Section 316.1945(1)(a)2,4, F.S.)

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 stop, stand, or park a vehicle on a sidewalk or on a crosswalk.

Not to stand or park a vehicle within 20 feet of an intersection crosswalk
(Section 316.1945(1)(b)3, F.S.)

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 stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers, within 20 feet of a crosswalk at an intersection.

Driver duty to exercise care
(Section 316.130(15), F.S.)

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.

Driving speeds

(Sections 316.183, 316.185, F.S.)

No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

The driver of every vehicle shall drive at an appropriately reduced speed when approaching and going around a curve; approaching a hill crest; traveling upon any narrow or winding roadway; and when any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

The fact that a driver is traveling at less than the speed limit does not relieve him of the duty to reduce speed in such conditions. A driver must reduce speed as necessary to avoid colliding with any person legally present on the street.

Miscellaneous prohibited pedestrian actions
(Section 316.130(16) and (17), F.S.)

No pedestrian shall enter or remain upon any bridge or bridge approach, beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.

No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

No pedestrian may jump or dive from a publicly owned bridge.

For more information and the most current information on this topic please visit the Florida Department of Transportation website at:http://www.dot.state.fl.us/safety/ped_bike/laws/ped_bike_pedLaws2.shtm