Jaywalking Not Illegal in Kelowna

[my5cents]

Please provide a link to the MVA section or COK bylaw that states this as being fact not just opinion.
At the Kirshner Road Springfield Rd intersection there is no crosswalk across Springfield at that intersection and a pedestrian overpass created across HWY 97 at the intersection of Sutherland because there was no crosswalk and so many were illegally crossing there. At the intersection of Cary Rd HWY 97 and there is no crosswalk there a cross the highway.

Definitions
Sec 119(1) Motor Vehicle Act of BC

"crosswalk" means

(a) a portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, or
(b) the portion of a highway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of the highway, or within the extension of the lateral lines of the sidewalk on one side of the highway, measured from the curbs, or in the absence of curbs, from the edges of the roadway;

[Fancy]

It is likely the driver will be charged with undue care.

The intersection did not contain a marked crosswalk.

The investigation is ongoing and no charges have yet been laid. A 28-year-old Kelowna woman could face potential charges of Drive Without Due Care under the Motor Vehicle Act.

Castanet

[Grandan]

For a long time students from KSS crossed Harvey to get to downtown at a point 100 m away from the intersection. One day when I was returning from Vancourver one teenaged kid walked across Harvey in front of me and purposely looked the opposite way from which traffic was approaching him. Thinking he would stop before he took the next step in front of me I kept going, then he strode in front of me and I laid down a patch of rubber on the road. The screech of tires shocked the crap out of him. One more step and he would have been hit. Fortunately for him he stopped when he heard the screeching , lost his balance a bit and pitched forward to catch himself on my now stopped car. He was really angry and came around my side of the car and yanked open my door to attack me but I accelerated out of there.
So, this is the attitude of some of these kids, hit me if you dare. Sounds like the 3 girls lost that encounter on Springfield because the the driver had failed to defog the windshield. As a pedestrian you may well have the right of way but some drivers don't care and will run you down.

[cv23]

Definitions
Sec 119(1) Motor Vehicle Act of BC

"crosswalk" means

(a) a portion of the roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface, or
(b) the portion of a highway at an intersection that is included within the connection of the lateral lines of the sidewalks on the opposite sides of the highway, or within the extension of the lateral lines of the sidewalk on one side of the highway, measured from the curbs, or in the absence of curbs, from the edges of the roadway;

Best read that very carefully. This was not a highway, there were no also no sidewalks or curbs and the gravel shoulders are not part of the roadway . The girls may indeed have been in the right but that was clearly not any defense against a several ton piece of steel trying to occupy the same space at the same time.
In any case it appears from the news that there is some question if the drivers vision may have been obscured by an icy windshield and could be charged with undue care.

[wanderer]

Regarding the accident at Gerstmar Rd and Graham Rd. People who drive on Gerstmar, especially in the morning when they are going to work, drive fast as if they are on the Hwy or on Springfield Rd. Kids in this area, at that time of day, are crossing Gerstmar Rd going to the elementary school on Ziprick, or the middle school on Hollywood Rd. There are no marked crossings on Gerstmar Rd except at the intersection of Springfield and the intersection of Hwy 33, which is where the only street lights are. Graham is at least 3 or 4 blocks from either Hwy 33 or Springfield. 1 1/2 a block from the Graham intersection is a walkway that school kids use all the time, it comes out to the middle of the road not at an intersection, there is a yellow pedestrian sign near it as well there is a sign drawn by children for the city, asking people to slow down for kids on the road.

Slow down on Gerstmar, this is a residential area not a personal freeway or fast shortcut to Springfield, or Hwy 33!

[Fancy]

"highway" includes

(a) every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,

[cv23]

"highway" includes

(a) every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and

(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited.

A lane is considered a highway? My driveway is a private place for the purpose of parking vehicles and there is no gate so the public has access to it so it is also deemed a highway???? The Safeway parking lot meets all the requirements of (c) so it too is a highway?
Come on now. I was starting to believe the rational of saying an intersection has crosswalks, even if unmarked, but if they want to call my driveway a highway you have to admit that their terms are clearly so screwed up as to actually be comical rather than taken seriously.

[Catri]

Regarding the accident at Gerstmar Rd and Graham Rd. People who drive on Gerstmar, especially in the morning when they are going to work, drive fast as if they are on the Hwy or on Springfield Rd.

That's because the speed limit is the same on all 3 streets. There should be a marked crosswalk either at Graham or where the pedestrian walkway comes out.

[zzontar]

A lane is considered a highway? My driveway is a private place for the purpose of parking vehicles and there is no gate so the public has access to it so it is also deemed a highway???? The Safeway parking lot meets all the requirements of (c) so it too is a highway?
Come on now. I was starting to believe the rational of saying an intersection has crosswalks, even if unmarked, but if they want to call my driveway a highway you have to admit that their terms are clearly so screwed up as to actually be comical rather than taken seriously.

The lane to your driveway is classified as a highway, not the driveway itself. It's basically anywhere the public can drive, which is why the laws of the highway traffic act apply on them.

[Anonymous123]

The problem with Gerstmar is the lack of stop signs. It's a long residential street that has turned into a non-stop corridor from Hwy 33 to Springfield and vice-versa, hence the speed and lack of attention by drivers. Its an excellent stretch for a quick text or waiting for the window to defrost. I think they should put in a roundabout just to slow things down.

[the truth]

well according to witnesses the driver that hit the girls was driving with a frosty/foggy windshield if that turns out to be the case good chance this is the major factor for this accident happening.if this turns out to be the case i guess she was just to lazy to spend and extra 60 seconds cleaning her windshield before she drove away,and hit the kids,if she does turn out to be guilty of this i hope they throw the book at here, and nothing less IMHO

[kurtan]

There are 2 crosswalks within 100 metres of the casino in both directions. Peopleare lazy. Get hit by a car and tell me how stupid using a crosswalk is, mind you, crosswalks arent the safest these days...

[Bsuds]

crosswalks arent the safest these days...

People not using a crosswalk might even be safer...they tend to pay ore attention to the traffic.

[wanderer]

That's because the speed limit is the same on all 3 streets. There should be a marked crosswalk either at Graham or where the pedestrian walkway comes out.

I agree with you that there should be a marked crosswalk at Graham and where the pedestrian walkway comes out, even pedestrian lights. I have a friend in the area who is blind, she feels like she takes her life in her hands every time she tries to cross Gerstmar to catch the bus that stops on the other side of the road. Fernbrae is also on Gerstmar and many seniors from there who walk the area fear crossing Gerstmar Rd.

Regarding the speed limits, the Max. speed limit is 50k unless there is a sign stating otherwise. Both Springfield and Hwy 33 have various speed limits, so I guess that is what I was referring to. People do tend to drive faster than they should on Gerstmar, as else where. We have had a lot more people, kids, and seniors, who walk around this area in general, and cars driving too fast, or with distracted drivers, or passing in the bike lane on Gerstmar are always a worry.

[kurtan]

The problem with Gerstmar is the lack of stop signs. It's a long residential street that has turned into a non-stop corridor from Hwy 33 to Springfield and vice-versa, hence the speed and lack of attention by drivers. Its an excellent stretch for a quick text or waiting for the window to defrost. I think they should put in a roundabout just to slow things down.

MERRIFIELD ROAD in rutland is the exact same.