2005 California Vehicle Code Sections 21949-21971 CHAPTER 5. PEDESTRIANS\' RIGHTS AND DUTIES

VEHICLE CODE
SECTION 21949-21971

21949.  (a) The Legislature hereby finds and declares that it is the
policy of the State of California that safe and convenient
pedestrian travel and access, whether by foot, wheelchair, walker, or
stroller, be provided to the residents of the state.
   (b) In accordance with the policy declared under subdivision (a),
it is the intent of the Legislature that all levels of government in
the state, particularly the Department of Transportation, work to
provide convenient and safe passage for pedestrians on and across all
streets and highways, increase levels of walking and pedestrian
travel, and reduce pedestrian fatalities and injuries.
21950.  (a) The driver of a vehicle shall yield the right-of-way to
a pedestrian crossing the roadway within any marked crosswalk or
within any unmarked crosswalk at an intersection, except as otherwise
provided in this chapter.
   (b) This section does not relieve a pedestrian from the duty of
using due care for his or her safety.  No pedestrian may suddenly
leave a curb or other place of safety and walk or run into the path
of a vehicle that is so close as to constitute an immediate hazard.
No pedestrian may unnecessarily stop or delay traffic while in a
marked or unmarked crosswalk.
   (c) The driver of a vehicle approaching a pedestrian within any
marked or unmarked crosswalk shall exercise all due care and shall
reduce the speed of the vehicle or take any other action relating to
the operation of the vehicle as necessary to safeguard the safety of
the pedestrian.
   (d) Subdivision (b) does not relieve a driver of a vehicle from
the duty of exercising due care for the safety of any pedestrian
within any marked crosswalk or within any unmarked crosswalk at an
intersection.
21950.5.  (a) An existing marked crosswalk may not be removed unless
notice and opportunity to be heard is provided to the public not
less than 30 days prior to the scheduled date of removal.  In
addition to any other public notice requirements, the notice of
proposed removal shall be posted at the crosswalk identified for
removal.
   (b) The notice required by subdivision (a) shall include, but is
not limited to, notification to the public of both of the following:
   (1) That the public may provide input relating to the scheduled
removal.
   (2) The form and method of providing the input authorized by
paragraph (1).
21951.  Whenever any vehicle has 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 the stopped vehicle.
21952.  The driver of any motor vehicle, prior to driving over or
upon any sidewalk, shall yield the right-of-way to any pedestrian
approaching thereon.
21953.  Whenever any pedestrian crosses a roadway other than by
means of a pedestrian tunnel or overhead pedestrian crossing, if a
pedestrian tunnel or overhead crossing serves the place where the
pedestrian is crossing the roadway, such pedestrian shall yield the
right-of-way to all vehicles on the highway so near as to constitute
an immediate hazard.
   This section shall not be construed to mean that a marked
crosswalk, with or without a signal device, cannot be installed where
a pedestrian tunnel or overhead crossing exists.
21954.  (a) Every pedestrian upon 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 so near as to constitute an immediate hazard.
   (b) The provisions of this section shall not relieve the driver of
a vehicle from the duty to exercise due care for the safety of any
pedestrian upon a roadway.
21955.  Between adjacent intersections controlled by traffic control
signal devices or by police officers, pedestrians shall not cross
the roadway at any place except in a crosswalk.
21956.  (a) No pedestrian may walk upon any roadway outside of a
business or residence district otherwise than close to his or her
left-hand edge of the roadway.
   (b) A pedestrian may walk close to his or her right-hand edge of
the roadway if a crosswalk or other means of safely crossing the
roadway is not available or if existing traffic or other conditions
would compromise the safety of a pedestrian attempting to cross the
road.
21957.  No person shall stand in a roadway for the purpose of
soliciting a ride from the driver of any vehicle.
21959.  It is unlawful for any person to ski or toboggan on or
across any roadway in such a manner as to interfere with the movement
of vehicles thereon.  A person on skis proceeding on or across a
highway at a pace no greater than a walk is not within the
prohibition of this section and shall be considered to be a
pedestrian with all the rights and duties thereof as prescribed in
this code.
21960.  (a) The Department of Transportation and local authorities,
by order, ordinance, or resolution, with respect to freeways,
expressways, or designated portions thereof under their respective
jurisdictions, to which vehicle access is completely or partially
controlled, may prohibit or restrict the use of the freeways,
expressways, or any portion thereof by pedestrians, bicycles or other
nonmotorized traffic or by any person operating a motor-driven
cycle, motorized bicycle, or motorized scooter.  A prohibition or
restriction pertaining to bicycles, motor-driven cycles, or motorized
scooters shall be deemed to include motorized bicycles; and no
person may operate a motorized bicycle wherever that prohibition or
restriction is in force.  Notwithstanding any provisions of any
order, ordinance, or resolution to the contrary, the driver or
passengers of a disabled vehicle stopped on a freeway or expressway
may walk to the nearest exit, in either direction, on that side of
the freeway or expressway upon which the vehicle is disabled, from
which telephone or motor vehicle repair services are available.
   (b) The prohibitory regulation authorized by subdivision (a) shall
be effective when appropriate signs giving notice thereof are
erected upon any freeway or expressway and the approaches thereto.
If any portion of a county freeway or expressway is contained within
the limits of a city within the county, the county may erect signs on
that portion as required under this subdivision if the ordinance has
been approved by the city pursuant to subdivision (b) of Section
1730 of the Streets and Highways Code.
   (c) No ordinance or resolution of local authorities shall apply to
any state highway until the proposed ordinance or resolution has
been presented to, and approved in writing by, the Department of
Transportation.
   (d) An ordinance or resolution adopted under this section on or
after January 1, 2005, to prohibit pedestrian access to a county
freeway or expressway shall not be effective unless it is supported
by a finding by the local authority that the freeway or expressway
does not have pedestrian facilities and pedestrian use would pose a
safety risk to the pedestrian.
21961.  This chapter does not prevent local authorities from
adopting ordinances prohibiting pedestrians from crossing roadways at
other than crosswalks.
21962.  Any peace officer having reasonable cause to believe that
any pedestrian is stopped or standing on any bridge or overpass for
the purpose of violating Section 23110, may lawfully order such
person from the bridge or overpass.
21963.  A totally or partially blind pedestrian who is carrying a
predominantly white cane (with or without a red tip), or using a
guide dog, shall have the right-of-way, and the driver of any vehicle
approaching this pedestrian, who fails to yield the right-of-way, or
to take all reasonably necessary precautions to avoid injury to this
blind pedestrian, is guilty of a misdemeanor, punishable by
imprisonment in the county jail not exceeding six months, or by a
fine of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000), or both.  This section shall not preclude
prosecution under any other applicable provision of law.
21964.  No person, other than those totally or partially blind,
shall carry or use on any highway or in any public building, public
facility, or other public place, a predominantly white cane (with or
without a red tip).
21965.  As used in Sections 21963 and 21964, "blind," "totally
blind," and "partially blind," mean having central visual acuity not
to exceed 20/200 in the better eye, with corrected lenses, as
measured by the Snellen test, or visual acuity greater than 20/200,
but with a limitation in the field of vision such that the widest
diameter of the visual field subtends an angle not greater than 20
degrees.
21966.  No pedestrian shall proceed along a bicycle path or lane
where there is an adjacent adequate pedestrian facility.
21967.  Except as provided in Section 21968, a local authority may
adopt rules and regulations by ordinance or resolution prohibiting or
restricting persons from riding or propelling skateboards on
highways, sidewalks, or roadways.
21968.  No motorized skateboard may be propelled on any sidewalk,
roadway, or any other part of a highway or on any bikeway, bicycle
path or trail, equestrian trail, or hiking or recreational trail.
21969.  A local authority may adopt rules and regulations by
ordinance regulating persons engaged in roller skating on a highway,
sidewalk, or roadway.
21970.  (a) No person may stop a vehicle unnecessarily in a manner
that causes the vehicle to block a marked or unmarked crosswalk or
sidewalk.
   (b) Subdivision (a) does not preclude the driver of a vehicle
facing a steady circular red light from turning right or turning left
from a one-way street onto a one-way street pursuant to subdivision
(b) of Section 21453.
21971.  Notwithstanding any other provision of law, any person who
violates subdivision (a) or (b) of Section 21451, subdivision (b) of
Section 21453, subdivision (a) of Section 21950, or Section 21952,
and causes the bodily injury of anyone other than the driver is
guilty of an infraction punishable under Section 42001.18.


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