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In the last few years the pedestrian crossing rules have been altered.

For example, as per the road code, you now have to give way to a pedestrian regardless of which side of the centreline they are on and you must stop for any person, still on the kerbside, who clearly wants to step onto a crossing.

However, many drivers now seem to believe that you must remain stationary at a crossing until all pedestrians have left it. You see this everywhere, everyday.

My understanding is that once the pedestrian has passed in front of your vehicle and is moving away from your vehicle, you have fulfilled your obligation to "Give Way" and you may proceed, regardless of whether the pedestrian has reached the kerbside or not.

Can you help to clarify?

Gary

From the "Ask Jack" archives - 29 October, 2010

Our Motoring Affairs team in Wellington have provided the following answer;

Your interpretation of the road code is correct. You can proceed if the pedestrian is clear of your vehicle. Some drivers may be exercising extra caution because the rules now require you to give way to a pedestrian on any part of the crossing, or waiting to cross.

If you stop before they reach you (e.g. while they’re on the other side of the road), its courtesy to wait until they’ve fully crossed using the same logic. Neither approach is wrong and the additional second or two waiting for them to fully cross will have little impact on motorists travel times but does demonstrate good courtesy for other road users and safe driving behaviour.

By the way, although the road code says you can proceed when the pedestrian is clear of your vehicle, this is not enshrined in law. The Road User Rule, the law from which the advisory road code is derived, simply states:

A driver approaching a pedestrian crossing must—

(a) give way to pedestrians, and to riders of wheeled recreational devices or mobility devices,

(i) on the pedestrian crossing; or
(ii) obviously waiting to cross it; and

(b) if necessary, slow down and stop the driver's vehicle for that purpose.

For the purposes of this clause, if a pedestrian crossing is interrupted by a raised traffic island, the parts of the crossing that are situated on different sides of that traffic island must be regarded as separate pedestrian crossings.

There is no reference to proceeding when the pedestrian is clear of the car, so to strictly comply with the law this narrower interpretation may be safer.