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California law allows pedestrians to jaywalk as long as it’s safe

Q: Barry Riemer of West Covina asked an interesting question we haven’t seen about the new law that effectively decriminalizes jaywalking in California. He asked, “One thing I wasn’t clear on, is crossing at an intersection against a red light considered to be jaywalking? If yes, will it now be legal for a pedestrian to cross the street against a red light if there are no cars coming?”

A: A new law that took effect Jan. 1 says Californians may now legally cross the street outside of designated intersections and crosswalks without being ticketed for jaywalking unless a reasonably careful person realizes there’s an immediate danger of colliding with a moving vehicle. Crossing at an intersection against the green “walk” notice would not be considered jaywalking either, as long as there are no vehicles in the area that pose a hazard to the pedestrian, said California Highway Patrol Officer Dan Olivas of the Inland Division.

California Vehicle Section 21456 spells out the rules with regard to pedestrians at intersections and the “walk,” “wait” and so forth signs that let them know when they can cross.  A subsection states, “A peace officer … shall not stop a pedestrian for a violation of this section unless a reasonably careful person would realize there is an immediate danger of a collision with a moving vehicle or other device moving exclusively by human power.” The Vehicle Code still does not relieve pedestrians from their responsibility of being careful about their safety, and the same remains true for drivers.

 

Q: Darcelle Kennedy asked about parking in the disabled parking spaces at the Microsoft Theater near Downtown Los Angeles. Kennedy said the theater charged her $35 for parking in a handicapped parking space and she asked if this is legal. She said the parking lot attendant told her it’s a private parking facility so the fee could be charged, even for those with a disabled parking placard.

A: We’ll provide a brief answer to help clear the air for our disabled readers who drive and ask from time to time about disabled parking rules in privately owned lots or garages at locations around the Inland Empire, not just at the Microsoft Theater. Confusion remains around this issue.

Having a disabled person parking placard does not necessarily mean a driver can park in any handicapped spot on private property for free, or for any amount of time.

Regarding the Microsoft Theater in Los Angeles, we called and spoke to their parking representative and were told the same thing they told Kennedy – that they can charge disabled drivers a fee to park since it’s a private facility and this is allowed in Los Angeles. Questions about disabled parking and fees in privately owned parking facilities in the Inland Empire should be directed to the local city or county, according to the Department of Motor Vehicles.

In general, a disabled placard is for parking on public roads, streets or highways. The rules vary for disabled parking laws for private property (like in a strip mall or theater garage) as they are typically under a city or county’s jurisdiction.

Do you commute to work in the Inland Empire? Spend a lot of time in your vehicle? Have questions about driving, freeways, toll roads or parking? If so, write or call On the Road and we’ll try to answer your questions. Please include your question or issue, name, city of residence, phone number and email address. Write ontheroad@scng.com or call 951-368-9670.

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