Jaywalking

In New South Wales, it is an offence for someone to cross the road unlawfully. The maximum penalty for this offence is a fine of $2,200. 

What is Jaywalking?

The general rule pertaining to the offence of Jaywalking is regulated under Regulation 230 of the Road Rules 2014 which states:

1. A pedestrian crossing the road –

1. Must cross by the shortest safe route, and
2. Must not stay on the road longer than necessary to cross the road safely.

How the above Jaywalking Regulation Covers Specific Situations?

Crossing at Pedestrian Lights

Regulation 231 of the Road Rules 2014 states that you can only start crossing at a pedestrian light if the light is green. If the pedestrian light changes to red whilst you are still crossing the road, you are to cross safely to a dividing strip, a traffic island, or the nearest side of the road, until the light turns green again.

Penalty for disobeying this rule: $94 fine, or a maximum fine of $2,200 if heard in Court.

Crossing at Traffic Lights

Regulation 232 of the Road Rules 2014 states that you must not begin crossing the road while the traffic lights are red. You can only begin crossing the road if the traffic lights are green or are flashing yellow. If the traffic light turns red or yellow while you are already crossing, you are to cross safely to a dividing strip, a traffic island, or the nearest side of the road, until the light turns green again.

Penalty for disobeying this rule: $94 fine, or a maximum fine of $2,200 if heard in Court.

Crossing To and From a Tram

Regulation 233 of the Road Rules 2014 states that you must cross to the nearest footpath or road after getting off a tram and you must not cross a road to get on a tram at a tram stop until the tram has stopped. 

Penalty for disobeying this rule: $94 fine, or a maximum fine of $2,200 if heard in Court.

Crossing On or Near a Crossing

Regulation 234 of the Road Rules 2014 states that you must not cross a road within 20 metres of a cross (e.g. within 20 metres of a crossing which has pedestrian or traffic lights) unless you are:

1. 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, a tram or public bus, or
2. Crossing to or from a safety zone, or
3. Crossing at an intersection with traffic lights and a pedestrian may cross diagonally sign, or
4. Crossing in a shared zone, or
5. Crossing a road, or a part of a road, from which vehicles are excluded, either permanently or temporarily.

Penalty for disobeying this rule: $94 fine, or a maximum fine of $2,200 if heard in Court.

Causing a Hazard or Obstruction

Regulation 236 of the Road Rules 2014 states that it is an offence to cause a traffic hazard by moving into the path of a driver and you must not unreasonably obstruct the path of any driver or other pedestrian. 

Penalty for disobeying this rule: $94 fine, or a maximum fine of $2,200 if heard in Court.

Travelling Along a Road (except in or on a wheeled recreational device or toy)

Regulation 238 of the Road Rules 2014 states that you must not travel along a road if there is a footpath or nature strip adjacent to the road, unless it is impracticable to travel on the footpath or nature strip. 

Penalty for disobeying this rule: $94 fine, or a maximum fine of $2,200 if heard in Court.

The following acts might constitute Jaywalking:

• You being crossing the road when the pedestrian light is green but it goes red before you are more than half way across the road and you keep walking towards the other side, rather than safely returning to the closer side of the road that you were just on.
• You cross the road when the traffic light is red.
• You walk on the road rather than on the footpath, even when it is practical to walk on the footpath.

What must be proven?

For a person to be found guilty of Failing to Stop for Police, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you crossed the road outside of a designated area, or against a traffic signal;
• That you knew you were crossing the road outside a designated area, or against a traffic signal.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Jaywalking

The following defences may be available for a Failing to Stop for Police charge:

• That the direction to stop given by Police was not done so in a clear manner;
• Medical emergency;
• Duress.

Common Questions about Jaywalking

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible, but only if your matter is heard in Court, rather than simply remaining as a traffic infringement notice. 

What if I did not know that I was Jaywalking?

If it is reasonable to assume that you did not know that you were jaywalking due to unclear signage etc, it can form a defence. Please contact Armstrong Legal to discuss this.

Do I have to go to Court for Jaywalking?

The Police have the discretion to issue you with either a Penalty Notice or a Court Attendance Notice for this offence. If you are issued with a Penalty Notice, you do not have to appear in Court. However, you can elect to have the Penalty Notice heard in Court. This is a decision that we recommend you discuss with one of our solicitors, as there are additional legal implications for having your matter heard in Court.

If the Police issue you with a Court Attendance Notice rather than a Penalty Notice, you will have to appear in Court on the date and at the location provided on the notice. This is something we recommend you contact Armstrong Legal about.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.