Jaywalking in NYC

Article Summary

     1. Jaywalking regulated by both NYS and NYC law
     2. NYC law supersedes NYS law
               • Pedestrians must obey traffic-control signals
               • WALK sign = may cross
               • DON’T WALK sign = may not cross
               • Flashing DON’T WALK sign = may not “enter the roadway” if not already there
               • Must stay in the “right half” of the crosswalk
               • NYS – may cross in the middle of the roadway
               • NYC – may not cross in the middle of the roadway if bordered by traffic signals
     3. Jaywalking = traffic infraction
     4. Same procedural rights as misdemeanors
     5. Max. penalty = $150 fine/15 days in jail

Article

According to a February 2014 New York Times article, under Mayor Bill de Blasio’s Vision Zero plan, jaywalking tickets in New York City are up nearly 800 percent. See February 14, 2014 NYT article. Jaywalking is simple, but the law is complex.

Jaywalking is prohibited by:

(a) New York State Law, pursuant to The Vehicle and Traffic Law, and

(b) New York City Law, pursuant to the New York City Traffic Rules and Regulations

a.      State Jaywalking

Several provisions of the state-wide New York Vehicle and Traffic Law (VTL) make jaywalking illegal.

VTL 1110 (a) states that “Every person shall obey the instructions of any official traffic-control device applicable to him….”

VTL 1112 imposes rules for obeying pedestrian-control signals and states:

Whenever pedestrians are controlled by pedestrian-control signals exhibiting the words “WALK” or “DON’T WALK”, or exhibiting symbols of a walking person or upraised hand, such signals shall indicate and apply to pedestrians as follows:

(a)  Steady WALK or walking person. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by other traffic.

(b)  Flashing DON’T WALK or upraised hand. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrians who have partially completed their crossing on the WALK or walking person signal shall proceed to a sidewalk or safety island while the flashing DON’T WALK or upraised hand signal is showing.

(c)  Steady DON’T WALK or upraised hand. No pedestrians shall start to cross the roadway in the direction of such signal, but any pedestrians who have partially completed their crossing on the WALK or flashing DON’T WALK signal shall proceed to a sidewalk or safety island while the steady DON’T WALK signal is showing.

VTL 1150 states that “[p]edestrians shall be subject to traffic-control signals as provided in section [VTL 1111]”

VTL 1111 establishes the rules for traditional red-yellow-green traffic lights and specifically states that “[u]nless otherwise directed by a pedestrian-control signal as provided in section eleven hundred twelve, pedestrians facing any steady red signal shall not enter the roadway.” See VTL 1111 (d)(4).

VTL 1152 prohibits pedestrians from crossing a roadway intersection diagonally, but does not prohibit pedestrians from crossing a roadway at points other than a crosswalk, as long as they yield to traffic. See VTL 1152 (a).

VTL 1151, on the other hand, provides that if a pedestrian crosses in a crosswalk and there is no traffic-control signal in place, then "the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk."

VTL 1155 requires (amazingly) that “[p]edestrians shall move, whenever practicable, upon the right half of crosswalks.” Perhaps there is an opposite rule in England.

            Therefore, at the state level, pedestrians must obey traffic signals, but can cross in the middle of the road, as long as they yield to traffic.

b.     City Jaywalking

The Vehicle and Traffic Law authorizes local governments, such as the City of New York, to create their own rules to regulate pedestrians. In cities with a population over 1 million, the VTL permits the local rules to supersede state law.

VTL 1640 (a)(3) provides that “[t]he legislative body of any city or village…may by local law, ordinance, order, rule or regulation….[r]egulate the crossing of any roadway by pedestrians.”

VTL 1642 (a)(10)& (11) provides that “the legislative body of any city having a population in excess of one million, may by local law, ordinance, order, rule, regulation or health code provision prohibit, restrict or regulate traffic on or pedestrian use of any highway…in such city….such local laws, ordinances, orders, rules, regulations and health code provisions shall supersede the provisions of this chapter where inconsistent or in conflict with respect to the following enumerated subjects:

10.  Right of way of vehicles and pedestrians.

11.  Use of the highway by pedestrians, equestrians and animals.”

            Under the authority granted by these VTL sections, New York City has enacted Traffic Rules and Regulations to regulate pedestrians, found in Title 34, Chapter 4 of the Rules of the City of New York (RCNY).

34 RCNY4-02 (e) provides that “[p]ursuant to authority provided by §1642 of the Vehicle and Traffic Law, the following provisions of such law shall not be effective in the City of New York: §§1112, 1142(b), 1150, 1151, 1152, 1153, 1156(b), 1157, 1171, 1201, 1202, and 1234.”

Notably, since VTL 1155 is not superseded by any New York City rules, pedestrians in New York City are still required to walk on the right half of the crosswalk.

There are two rules that govern pedestrians in New York City: 34 RCNY 4-03 and 34 RCNY 4-04.

34 RCNY 4-03 (c)(3) states:

(c) Pedestrian control signals. Whenever pedestrian control signals are in operation, exhibiting the words “WALK” and “DON’T WALK” successively, the international green or red hand symbols, figures or any other internationally recognized representation concerning the movement of pedestrians, such signals shall indicate as follows:

***

(1)  WALK, green hand symbol or green walking figure. Pedestrians facing such signal may proceed across the roadway in the direction of the signal in any crosswalk. Vehicular traffic shall yield the right of way to such pedestrians.

(2)  Flashing DON’T WALK, red hand symbol or red standing figure.   Pedestrians facing such signal are warned that there is insufficient time to cross the roadway and no pedestrian shall enter or cross the roadway. Pedestrians already in the roadway shall proceed to the nearest safety island or sidewalk. Vehicular traffic shall yield the right of way to such pedestrians.

(3)  Steady DON’T WALK red hand symbol or red standing figure. Pedestrians facing such signal shall not enter or cross the roadway.

The language of this section is substantially the same as New York State law under VTL 1112.

Both VTL 1112 (b) and 4-03 (c)(2), state that “no pedestrian shall start to cross/enter or cross the roadway” when there is a flashing “Don’t Walk.” Therefore, contrary to popular behavior, a pedestrian should not hurry up to start crossing when the “Don’t Walk” sign starts flashing – doing so violates the law.

Also notable is the language that pedestrians “shall not enter” the roadway when facing a “Don’t Walk” sign, which technically means no stepping off the curb and inching into the crosswalk while waiting for the light to change – you must remain firmly on the sidewalk.

            Violation of section 4-03 (c)(2), or any of the jaywalking laws, can have serious practical consequences, such as if you get hit by a bus, as the plaintiff did in Brito v. Manhattan & Bronx SurfaceTransit Operating Auth.,188 A.D.2d 253, 590 N.Y.S.2d 450 (1st Dep’t 1992). In Brito, the plaintiff was hit by a turning city bus while in a crosswalk. The First Department reversed the $5.7 million dollar jury verdict because the jury had not been properly instructed on whether the plaintiff was “lawfully within the crosswalk” at the time he was hit. Under 34 RCNY 4-03 (a)(1)(i), turning traffic must yield only to pedestrians “lawfully within the intersection.” Therefore, had the plaintiff not been “lawfully within the intersection,” he did not have the right of way. According to 4-03 (c)(2), a pedestrian does not have the right of way if they enter the crosswalk when the “Don’t Walk” sign is flashing.

34 RCNY 4-04 specifically prohibits pedestrians from crossing in the middle of the street and provides:

(c) Restrictions on crossings.

(1)     No pedestrian shall enter or cross a roadway at any point where signs, fences, barriers, or other devices are erected to prohibit or restrict such crossing or entry.

(2)     No pedestrian shall cross any roadway at an intersection except within a cross-walk.

(3)     No pedestrian shall cross a roadway except at a crosswalk on any block in which traffic control signals are in operation at both intersections bordering the block.

This section supersedes VTL 1152, which does not prohibit pedestrians from crossing the roadway other than at crosswalks. Therefore, in New York City, pedestrians cannot cross in the middle of any block that is "bordered" by intersections with traffic control signals, but state law does not contain a similar prohibition.

c.      Procedural Rights For Jaywalkers

There are several classes of “offenses” in New York – felonies, misdemeanors, violations, and traffic infractions. See Penal Law 55.10. Felonies are the most serious and traffic infractions are the least serious.

Jaywalking is a traffic infraction under VTL 155, which defines a “traffic infraction” as “[t]he violation of any provision of [the VTL]… or of any law, ordinance, order, rule or regulation regulating traffic which is not declared by this chapter or other law of this state to be a misdemeanor or a felony.” This language is echoed in VTL 1800 (a), which states “[i]t is a traffic infraction for any person to violate any of the provisions of this chapter or of any local law, ordinance, order, rule or regulation adopted pursuant to this chapter, unless such violation is by this chapter or other law of this state declared to be a misdemeanor or a felony.” Therefore, violation of both the VTL sections and RCNY sections regulating pedestrians are traffic infractions.

Under VTL 155, traffic infractions are treated procedurally like misdemeanors and the rules of the Criminal Procedure Law (CPL) apply. VTL 155 states that “violations shall be deemed misdemeanors and all provisions of law relating to misdemeanors except as provided in section eighteen hundred five of this chapter and except as herein otherwise expressly provided shall apply except that no jury trial shall be allowed for traffic infractions.” (emphasis supplied)

Procedural exceptions applicable to traffic infractions are found in VTL 1805, which permits a defendant to plead guilty to a traffic infraction by mail and VTL 1806, which permits a defendant to plead not guilty to a traffic infraction by mail.

Under the CPL, an action for jaywalking may be commenced by the issuance of a simplified traffic information, i.e., a ticket. See CPL 100.10 (2)(a). But the prosecution may also be required to file a supporting deposition describing the factual allegations in order to proceed. See CPL 100.25 (2).

d.     Penalties for Jaywalking

The potential penalties for jaywalking are surprisingly severe and include jail time. New York Penal Law 60.20 (1) lists the authorized dispositions for traffic infractions, which include:

(a)   A period of conditional discharge, as provided in article sixty-five; or

(b)   Unconditional discharge as provided in section 65.20; or

(c)   A fine or a sentence to a term of imprisonment, or both, as prescribed in and authorized by the provision that defines the infraction; or

(d)   A sentence of intermittent imprisonment, as provided in article eighty-five.

  The “fine” or “imprisonment” referenced in PL 60.20 (1)(c) are established by VTL 1800 (b)and (c), which provide for the following maximum penalties for a traffic infraction under the VTL or local rules:

First violation:

(1)  $150 fine, or

(2)  15 days in jail, or

(3)  Both

Second violation committed with 18 months of the first offense:

(1)  $300 fine, or

(2)  45 days in jail, or

(3)  Both

Third or subsequent violation committed within 18 months (of all prior violations):

(1)  $450 fine, or

(2)  90 days in jail, or

(3)  Both

Of course, jail time for jaywalking – though theoretically possible – is unlikely, so the worst that should be expected after conviction (either by bench trial or guilty plea) is a fine.