— RSA says the information is from the Rules of the Road, which it intends to update later this year.
Last year, the law clarified that motorists and cyclists must yield to people waiting to cross at a zebra crossing, and pedestrians do not need to “put their foot out” as some previously suggested.
This website notified the RSA of the issue nine days ago, but as of this afternoon (Saturday), part of the RSA website still said: “Things to know before you use a zebra crossing: You do not have right-of-way over traffic until you step onto a crossing. However, you must never step onto a crossing in such a way as to cause a driver to brake or swerve suddenly…”
As IrishCycle reported last year, legal changes outline how a driver of a vehicle “shall yield the right of way to any pedestrian who is waiting to cross or has commenced crossing the road at the crossing”.
In legal terms, ‘shall’ means ‘must’. Where the Road Traffic Acts and related secondary legislation mention ‘drivers’, the phrase generally includes motorists and people in control of bicycles, e-scooters, and motorcycles.
Previously, the law outlined that drivers must “yield the right of way to any pedestrian who has commenced crossing the road at the crossing.” It is understood that both Courts and insurance companies viewed this as including people who showed an intention or set off to start crossing.
IrishCycle.com asked why the RSA still has a misleading statement on its website and if it intends to remove it in light of the clarity provided by the legal change last year.
A spokesperson for the RSA said on Friday: “The advice regarding zebra crossings is taken from the current edition of the Rules of the Road. These are currently being updated, and a new version of the Rules will be published later this year.”
The spokesperson added: “It is anticipated that the advice in the new version re zebra crossings will be updated to reflect the changes introduced last year. In the interim, we will review the material on the RSA website with a view to removing it.”
IrishCycle.com also asked, even if it is now out of date, does the RSA have any records on who advised it that the idea that “You do not have right-of-way over traffic until you step onto a crossing” was valid at the time it was published. The RSA did not respond directly to this.
The phrase “You do not have right-of-way” does not seem correct in terms of Irish law where the right of way is given, not taken; for example, “yield right of way”.
In Ireland, the Department of Transport manages the legislation which governs road traffic law. But the Road Safety Authority — a body at arm’s length from the Government — controls the Rules of the Road, which is guidance and not the law, but it is relied on as an interpretation of the law by most people.
This differs from most other jurisdictions where national or state departments of transport deal with both legislation and driver training.
The Road Traffic Acts and related legislation have been amended a significant number of times without amalgamation and are viewed as confusing even by the legal profession.
In 2017, Ken Murphy, the then Director General of the Law Society of Ireland, said: “There is consensus within the legal profession that Road Traffic legislation is needlessly complex and confusing, as they were described by the late Supreme Court judge, Justice Adrian Hardiman. There are 22 different Acts on the books that deal with road traffic laws, with hundreds of other tangentially-related pieces of legislation that require consideration when judges are adjudicating on road law violations.”
A number of former transport ministers have said that consolidation of the Road Traffic Acts would happen, but such a process has never been progressed.
Minister James Lawless last year, when he was a junior transport minister answering a question on consolidation of the acts, said: “This is not a simple project, and it is important that we do it properly. It will not be clear until some way into the work whether there are substantial issues to be addressed, but at a conservative estimate the project will take at least two years.”
Yes they should make more use of zebra crossings rather than installing traffic lights.Zebras are quicker for all concerned and should cost less to maintain. It should be an adequate demonstration of intent to cross for a pedestrian to stand waiting without the need or risk of putting a foot onto the crossing.
Stepping out without warning would be undesirable and dangerous.
Other road traffic issues need attention such as sub standard junctions where there is no clear right of way except, yield to the right, see junction at Killiney Hill Road Military road Ballybrack,Co Dublin.
Consider using the yellow diamond to indicate the right of way as is used in Germany.this is useful at night when traffic light are turned off to save energy.
“A spokesperson for the RSA said on Friday: “The advice regarding zebra crossings is taken from the current edition of the Rules of the Road. These are currently being updated, and a new version of the Rules will be published later this year.””
Infuriatingly they have updated the Rules of the road last year and added that pedestrians have the right of way even when waiting but didn’t carry it all the way through the document so the rules of the road is self-contradictory