Wednesday, April 27, 2011

Confused on Crossing Guard Rules

I just received a warning ticket from a DPS officer for "disregard of school crossing guard." 

I had stopped at the crosswalk and waited until the guard "led" the children across two lanes and was entering the third of four lanes, when I decided to continue on down the street.  It was my understanding that when a pedestrian had cleared your lane, then you could proceed forward and I assumed that this applied to the crossing guard situation since he appeared to be walking with the children to the other side.

There are two rules in play here.  One is from the Texas Transportation Code, § 552.003.  PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK.  (a) The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in operation; and (2) the pedestrian is (A) on the half of the roadway in which the vehicle is traveling; ...

The second is § 542.501. OBEDIENCE REQUIRED TO POLICE OFFICERS AND TO SCHOOL CROSSING GUARDS. A person may not willfully fail or refuse to comply with a lawful order or direction of: ..... (2) a school crossing guard who: (A) is performing crossing guard duties in a school crosswalk to stop and yield to a pedestrian; or (B) has been trained under Section 600.004 and is directing traffic in a school crossing zone.

The problem comes in where the crossing guard is not giving proper direction to traffic.  He was leading the children across the street behind him, not securing traffic before he allowed them to cross.  It appeared that the direction by the crossing guard was inconsistent with holding traffic until the crosswalk was empty, but instead, keeping traffic at bay until the children cleared each lane. 

It was my fault.  I should have known how crossing guards are supposed to be trained instead of how they are trained.  I should have treated the crosswalk just like waiting on a school bus to release you to move your vehicle forward.  I follow the law as closely as possible even when I don't agree.  I would never, ever put a child or even an adult in danger intentionally or through not paying attention in a school zone.  I would not have intentionally broken the law right in front of the DPS unit.  I have even called 911 when a car sped through a school zone twice, once in Jacksboro and once in Windthorst.  I put my cell phone down and I watch both sides of the highway closely.  I know school zones are to be taken seriously.

I appreciate the fact that the officer did not give me a ticket.  He was trying to be very professional, but in doing so, was very sterile.  I could have used a smile after finding out that I did not intentionally break the law.  Instead, I got a couple of undeserved lectures.  After all, I did not have an attitude and I did not come close to hitting anyone.  The crosswalk was clear for 2 lanes.

The resulting feeling from this ordeal is that I still do not think that I was "disregarding a school crossing guard" because he was not directing me to stay stopped.  He appeared to be continuing on to the other side of the road.  I was following the pedestrian law instead and evidently, that was a mistake.

Just to be on the safe side, go to this link   to find out the responsibilities of a crossing guard.  "This online guide was prepared by the University of North Carolina Highway Safety Research Center with support from the National Highway Transportation Safety Administration, Federal Highway Administration, Centers for Disease Control and Prevention, and the Institute of Transportation Engineers."

The bottom line......I will stop at all crosswalks in school zones when there is a crossing guard or children anywhere in the vicinity and stay stopped until the crosswalk is empty of anyone and I will hope that the crossing guard gets better with his signals.

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