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<DIV><FONT face="Times New Roman">Sunil,</FONT></DIV>
<DIV><FONT face="Times New Roman">I think you needed to look here:</FONT></DIV>
<DIV>
TITLE
49<BR>
MOTOR
VEHICLES<BR>
CHAPTER
7<BR>
PEDESTRIANS AND BICYCLES<BR> 49-702. PEDESTRIANS'
RIGHT-OF-WAY IN CROSSWALKS. (1) When traffic-control<BR>signals are not in place
or not in operation the driver of a vehicle shall<BR>yield the right-of-way,
slowing down or stopping, if need be, to yield to a<BR>pedestrian crossing the
highway within a crosswalk.<BR> <FONT color=#ff6600>
</FONT><FONT color=#ff00ff>(2) No pedestrian shall suddenly leave a curb
or other place of safety<BR>and walk or run into the path of a vehicle which is
so close as to constitute<BR>an immediate hazard.</FONT><BR>
(3) Subsection (1) of this section shall not apply under the
conditions<BR>stated in section 49-704(2), Idaho Code.<BR>
(4) Whenever any vehicle is stopped at a marked crosswalk or at
an<BR>unmarked crosswalk at an intersection to permit a pedestrian to cross
the<BR>highway, the driver of any other vehicle approaching from the rear shall
not<BR>overtake and pass the stopped vehicle.<BR> (5)
Except where otherwise indicated by a crosswalk or other<BR>traffic-control
devices a pedestrian shall cross the highway at right angles<BR>to the curb or
by the shortest route to the opposite curb.</DIV>
<DIV><FONT face="Times New Roman"></FONT> </DIV>
<DIV><FONT face="Times New Roman">Remember that safety song from primary school?
"STOP, LOOK AND LISTEN" </FONT></DIV>
<DIV style="FONT: 10pt Tahoma">
<DIV><FONT face="Times New Roman"></FONT><BR></DIV>
<DIV style="BACKGROUND: #f5f5f5">
<DIV style="font-color: black"><B>From:</B> <A title=sunilramalingam@hotmail.com
href="mailto:sunilramalingam@hotmail.com">Sunil Ramalingam</A> </DIV>
<DIV><B>Sent:</B> Tuesday, September 23, 2008 8:51 AM</DIV>
<DIV><B>Cc:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV><B>Subject:</B> Re: [Vision2020] one injured in bop-a-student
crossing</DIV></DIV></DIV>
<DIV><BR></DIV>Joe,<BR><BR>I started of compiling a list of statutes making my
point, and then I came across this:<BR><BR><PRE><PRE>49-721. BICYCLES ON SIDEWALKS. (1) A person operating a bicycle upon and<BR>along a sidewalk, or across a highway upon and along a crosswalk, shall yield<BR>the right-of-way to any pedestrian, and shall give an audible signal before<BR>overtaking and passing a pedestrian or another bicyclist.<BR> (2) A person shall not operate a bicycle along and upon a sidewalk or<BR>across a highway upon and along a crosswalk, where the use of bicycles is<BR>prohibited by official traffic control devices.<BR> (3) A person operating a vehicle by human power, or operating a motorized<BR>wheelchair or an electric personal assistive mobility device upon and along a<BR>sidewalk, <SPAN style="FONT-WEIGHT: bold">or across a highway upon and along a crosswalk,</SPAN> <SPAN style="FONT-WEIGHT: bold">shall have all the</SPAN><BR style="FONT-WEIGHT: bold"><SPAN style="FONT-WEIGHT: bold">rights and duties applicable to a pedestrian under the same circumstances.</SPAN><BR></PRE></PRE>So
I'm wrong on this. Bike riders do have all the same rights and duties that
pedestrians do in that circumstance.<BR><BR>I still think they shouldn't sail
out; having the right of way doesn't change the Newtonian principles in
play.<BR><BR>Sunil<BR><BR>> Date: Tue, 23 Sep 2008 11:34:53 -0400<BR>>
From: joekc@roadrunner.com<BR>> To: sunilramalingam@hotmail.com<BR>>
Subject: Re: [Vision2020] one injured in bop-a-student crossing<BR>> CC:
vision2020@moscow.com<BR>> <BR>> Don't bikers have the same right of way?
In many of the cross walks that I cross (usually on my bike) it says on the sign
facing drivers "Stop if intersection is occupied." I don't recall seeing
any<BR>> restrictions about whether it is a bike or a pedestrian.<BR>>
<BR>> Mind you, I don't just cross and I always assume that I don't have the
right of way, just to be safe.<BR>> I'm just wondering what the law is. And
I'm not really talking about this specific crosswalk, since<BR>> I never use
it. I'm speaking in generalities.<BR>> <BR>> --<BR>> Joe
Campbell<BR>> <BR>> ---- Sunil Ramalingam
<sunilramalingam@hotmail.com> wrote: <BR>> > <BR>> > I see
bike riders sailing out into the crosswalk as if they have the same right of way
as pedestrians. <BR>> > <BR>> > Sunil<BR>> > <BR>> >
> Date: Tue, 23 Sep 2008 10:32:55 -0400<BR>> > > From:
joekc@roadrunner.com<BR>> > > To: bevbafus@verizon.net<BR>> >
> CC: vision2020@moscow.com<BR>> > > Subject: Re: [Vision2020] one
injured in bop-a-student crossing<BR>> > > <BR>> > > This
pedestrian crossing is a total mess. The problem is that half the people stop
and half of them don't. <BR>> > > <BR>> > > And the kids,
thinking they will live forever, cross no matter what!<BR>> > >
<BR>> > > You are right, at the very least a traffic light is
needed.<BR>> > > <BR>> > > --<BR>> > > Joe
Campbell<BR>> > > <BR>> > > ---- Bev Bafus
<bevbafus@verizon.net> wrote: <BR>> > > > Sorry for the flip
name, but that is what my family calls this very<BR>> > > >
dangerous pedestrian crossing. I would like to see the City of Moscow,
the<BR>> > > > University of Idaho and the Idaho State Transporation
Department work<BR>> > > > together to solve this issue. Ideally,
this would involve construction of a<BR>> > > > pedestrian bridge
over Highway 8 - or at a bare minimum, a stoplight.<BR>> > > >
<BR>> > > > The City created this mess by allowing all the
apartments on the north side<BR>> > > > of Highway 8.<BR>> >
> > <BR>> > > > Bev Bafus<BR>> > > > <BR>> >
> > <BR>> > > > <BR>> > > > <BR>> > >
> from the Lewiston Tribune---<BR>> > > > <BR>> > > >
UI student seriously injured<BR>> > > > Victim airlifted to Spokane
following car-pedestrian accident Tribune<BR>> > > > <BR>> >
> > <BR>> > > > Tuesday, September 23, 2008<BR>> > >
> <BR>> > > > MOSCOW - A Coeur d'Alene man attending the
University of Idaho was severely<BR>> > > > injured when a car hit
him in a Moscow crosswalk Monday around noon, the<BR>> > > >
Moscow-Pullman Daily News reported.<BR>> > > > <BR>> > >
> James R. Hazelton, 20, is listed in satisfactory condition at Sacred
Heart<BR>> > > > Medical Center in Spokane, where he was airlifted
after the accident, Moscow<BR>> > > > Assistant Police Chief David
Duke told the newspaper.<BR>> > > > <BR>> > > > Duke
didn't return phone calls from the Lewiston Tribune seeking details on<BR>>
> > > the accident. Duke told the Daily News that Pullman resident John
P. Hunt,<BR>> > > > 85, struck Hazelton with a 1999 Dodge Intrepid.
Hunt was cited for failure<BR>> > > > to yield to a
pedestrian.<BR>> > > > <BR>> > > > Off-duty Lewiston
Tribune reporter David Johnson was stopped at the<BR>> > > >
crosswalk on West Pullman Road at the Stinker gas station and witnessed
the<BR>> > > > accident. Johnson said he saw Hazelton enter the
crosswalk walking south.<BR>> > > > <BR>> > > > The
crosswalk's warning lights had been activated and other motorists had<BR>>
> > > stopped, but one car traveling about 30 mph kept going, Johnson
said.<BR>> > > > <BR>> > > > "It didn't brake and hit
him," he said. "He flew up in the air and<BR>> > > > cartwheeled at
least once."<BR>> > > > <BR>> > > > Hazelton landed
about 50 feet from where he was hit, said Johnson, who<BR>> > > >
immediately called 911 on his cell phone. He said Hunt slowed and turned<BR>>
> > > into the Tri-State store parking lot while bystanders and
motorists rushed<BR>> > > > to Hazelton's aid.<BR>> > >
> <BR>> > > > Johnson said a police motorcycle unit was on the
scene in about a minute,<BR>> > > > and was quickly followed by
other emergency personnel.<BR>> > > > <BR>> > > >
Hazelton suffered massive leg trauma, Duke told the Moscow newspaper. The
UI<BR>> > > > directory lists Hazelton as a junior in the School of
Journalism and Mass<BR>> > > > Media.<BR>> > > >
<BR>> > > > New warning lights and signs were recently installed at
the crosswalk to<BR>> > > > help protect pedestrians.<BR>> >
> > <BR>> > > >
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<DIV><FONT face="Times New Roman">Kai Eiselein<BR>Editor, Latah
Eagle</FONT></DIV></BODY></HTML>