Is Jaywalking Illegal?
There are everyday occurrences where we may decide to cross the road before the light turns green in a rush to get to where we need to be. Before doing so, you may want to reconsider, as jaywalking is illegal. The Road Rules 2014, made under the Road Transport Act 2013, list rules for pedestrian behaviour in NSW whereby the main rules are as follows:
- You are allowed to cross a road if you are more than 20 metres away from lights;
- You can only start crossing a road at a pedestrian light if the light is green;
- You must not cause a hazard or obstruction to drivers, riders or pedestrians; and
- You must get to the other side of the road in a timely manner.
The maximum penalty for jaywalking is a $2,200 fine (20 Penalty points). If you want to challenge a jaywalking fine in court, seek advice from a traffic lawyer here.
Causing a hazard or obstruction
Regulation 236 of NSW Road Rules 2014 states:
- A pedestrian must not cause a traffic hazard by moving into the path of a driver.
- A pedestrian must not unreasonably obstruct the path of any driver or another pedestrian.
- A pedestrian does not unreasonably obstruct the path of another pedestrian-only by travelling more slowly than other pedestrians.
- A pedestrian must not stand on, or move onto, a road to:
- Solicit business from a vehicle;
- Hitchhike;
- Display an advertisement; or
- Wash or offer to clean the windscreens of vehicles.
If you’re in a position where you’ve been fined for doing any of the above-mentioned and wish to challenge it in court, please be sure to seek advice from a traffic lawyer here.
Crossing a road at pedestrian lights
Regulation 231 of NSW Road Rules 2014 states that you must only start crossing at a pedestrian light once the light has turned green. If the light is flashing red while you’re on the road, you must “not stay on the road for longer than necessary”.
Not complying with this regulation holds a maximum penalty of 20 penalty units, whereby the minimum penalty is a $75 fine.
Crossing the road on or near a crossing
Regulation 234 of NSW Road Rules 2014 states crossing a road within 20 metres of a crossing is an offence unless you are:
- Crossing, or helping another pedestrian to cross, an area of the road between tram tracks and the far left side of the road to get on, or after getting off of transport;
- Crossing to or from a safety zone;
- Crossing at an intersection with traffic lights and pedestrians may cross diagonally sign;
- Crossing in a shared zone; or
- Crossing a road, or a part of a road, from which vehicles are excluded.
In the event you are more than 20 metres from a crossing, you must “not stay on the road for longer than necessary”. This offence also carried a $75 fine or up to $2,200 if contested unsuccessfully in court.
Crossing at a rail crossing
A pedestrian must not cross a railway line at a level crossing unless there’s a pedestrian facility, as stated in Regulation 235 of NSW Road Rules 2014. If there are no such facilities within 20 metres of the crossing, pedestrians are also prohibited from crossing if:
- warning lights are flashing or warning bells are ringing;
- a gate, boom or barrier at the crossing is closed, or opening or closing;
- a train is on or entering the crossing;
- a train can be seen approaching or is sounding a warning;
- the crossing is blocked.
If the pedestrian facility has a pedestrian light, a pedestrian must not cross while the light is red and only start crossing once the light turns green. If the light turns red while the pedestrian is crossing, they must not cross for longer than necessary. This offence also carried a $75 fine or up to $2,200 if contested unsuccessfully in court.
Using available paths
Pedestrians are required to use footpaths instead of walking on a road or on bicycle paths. In situations where a footpath is available, and it isn’t impractical to do so, as stated in Regulation 238 of NSW Road Rules 2014. If pedestrians must walk on a road, they must face approaching traffic and keep as far to the side as possible. Regulation 239 states a pedestrian must not be on a bicycle path or part of a separated footpath specifically for bicycles unless they are:
- crossing, whereby they must give way to bicycles;
- in or pushing a wheelchair; or
- on rollerblades or rollerskates.
This offence also carried a $75 fine or up to $2,200 if contested unsuccessfully in court. If you or someone you know wish to challenge a jaywalking offence in court, be sure to seek advice from a traffic lawyer here.
