Failure to yield to pedestrian 403a1 New York City

[Inspector]

What is the name of your state (only U.S. law)? New York

My dad got a a ticket for failure to yield to a pedestrian while making a left turn. So he had the green making a left turn onto a 4 lane road(2 on each side), he had stopped and yielded to the pedestrian to cross (pedestrian had made it across 3 1/2 lanes counting from the right) and proceeded to initiate the left turn, after completing the turn a cop pulled him over and gave him a citation.

Is he at fault? Does yield mean the pedestrian has to fully cross?

 

[Just Blue]

What is the name of your state (only U.S. law)? New York

My dad got a a ticket for failure to yield to a pedestrian while making a left turn. So he had the green making a left turn onto a 4 lane road(2 on each side), he had stopped and yielded to the pedestrian to cross (pedestrian had made it across 3 1/2 lanes counting from the right) and proceeded to initiate the left turn, after completing the turn a cop pulled him over and gave him a citation.

Is he at fault? Does yield mean the pedestrian has to fully cross?

Please have Dad join and post for himself. Thanks..

 

[Inspector]

He doesn't understand English and why does that even matter who posts? For all that matters I could have easily typed I in place of he

 

[Just Blue]

He doesn't understand English and why does that even matter who posts? For all that matters I could have easily typed I in place of he

How does your father have a license without "understanding English"?

 

[quincy]

He doesn't understand English and why does that even matter who posts? For all that matters I could have easily typed I in place of he

It is easier for us if the person involved is posting so questions we ask can more easily be answered.

For example, can you tell us if the pedestrian started crossing the street on a raised hand signal when your dad made his turn?

The citation your father received states that a driver may proceed through an intersection or right or left in the intersection on a green signal but must yield to other vehicles and to pedestrians lawfully within the intersection or crosswalk.

The officer who cited your father apparently thought your dad endangered the pedestrian by turning when he did. He probably should have waited until the pedestrian was safely across the street before turning.

 

[Inspector]

How does your father have a license without "understanding English"?

Clearly i see where your username comes from. Ok so he knows basic English to understand signs and simple English.

It is easier for us if the person involved is posting so questions we ask can more easily be answered.

For example, can you tell us if the pedestrian started crossing the street on a raised hand signal when your dad made his turn?

The citation your father received states that a driver may proceed through an intersection or right or left in the intersection on a green signal but must yield to other vehicles and to pedestrians lawfully within the intersection or crosswalk.

The officer who cited your father apparently thought your dad endangered the pedestrian by turning when he did. He probably should have waited until the pedestrian was safely across the street before turning.

He is within reach of me so i can simply ask him...

So the pedestrian started walking on a walking signal, about half way across it did turn to blinking red. My dad did not start moving until the pedestrian was already in the 4th lane from the right about 5 or so steps from the curb. So it was a 4 lane road, unless my dad decided to make a turn head on into traffic there is no reasonable danger. I don't think anyone ever waits for the pedestrians to be fully on the sidewalk before making a turn around here.

 

[Just Blue]

Clearly i see where your username comes from. .

So you are a Beatles fan as well?

 

[adjusterjack]

Does yield mean the pedestrian has to fully cross?

Apparently so.

 

[Inspector]

Lol I would like to know legally if it means that.

 

[Just Blue]

Lol I would like to know legally if it means that.

www.google.com
**************.....

 

[quincy]

Lol I would like to know legally if it means that.

I did not see a place where it says the pedestrian must clear the crosswalk before a vehicle can turn. I am curious why pedestrians are allowed to cross lanes when cars have a green light to cross the walkway, though. Something seems off.

 

[HighwayMan]

(a) Traffic control signals. Whenever traffic is controlled by traffic control signals exhibiting different
colored lights successively, the following colors shall indicate and apply to operators of vehicles and
to pedestrians, except as superseded by pedestrian control signals, as follows:
(1) Green alone:
(i) Vehicular traffic facing such signals may proceed straight through or turn right or left
unless a sign at such place prohibits any such movement. But vehicular traffic, including
vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(ii) Pedestrians facing such signal may proceed across the roadway within any crosswalk.

 

[quincy]

(a) Traffic control signals. Whenever traffic is controlled by traffic control signals exhibiting different
colored lights successively, the following colors shall indicate and apply to operators of vehicles and
to pedestrians, except as superseded by pedestrian control signals, as follows:
(1) Green alone:
(i) Vehicular traffic facing such signals may proceed straight through or turn right or left
unless a sign at such place prohibits any such movement. But vehicular traffic, including
vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(ii) Pedestrians facing such signal may proceed across the roadway within any crosswalk.

Right. That is what I read and quoted but I am not seeing anywhere that a pedestrian must clear the crosswalk before a turn can be made.

 

[HighwayMan]

It's not explicitly stated anywhere, although it would seem to apply as long as the pedestrian is in the crosswalk.

Sorry for re-quoting the statute - I missed the fact that you have posted it.

 

[quincy]

It's not explicitly stated anywhere, although it would seem to apply as long as the pedestrian is in the crosswalk.

Sorry for re-quoting the statute - I missed the fact that you have posted it.

I only paraphrased so it was good that you posted the complete statute. I apparently did not read it carefully because I missed the "adjacent crosswalk" part.

I wonder if the fact that the statute is silent on whether the pedestrian must clear the crosswalk before a vehicle can turn would help in getting the ticket dismissed. ?