Tips

Between drivers and pedestrians on a highway, drivers are expected to yield to pedestrians. This is almost always the case, especially if there is a crosswalk. This rule, however, is not absolute, and both drivers and pedestrians are expected to exercise caution on the roads to avoid untoward incidents. 

However, when you’re behind the wheel on a highway, you are supposed to have a better understanding of who has the right of way for safety and compliance. The Land Transportation Office (LTO) through the Republic Act (RA) 4136, also known as the Land Transportation and Traffic Code, provides clear guidelines on right-of-way rules, particularly those that concern interactions between vehicles and pedestrians.

Do Pedestrians Always Have the Right of Way?

Pedestrians will always have the right of way, at least when they are on crosswalks. This is a basic rule made to prioritize the safety of those on foot, who are more vulnerable in traffic scenarios. According to Section 42, of RA 4136, drivers must yield the right of way to pedestrians crossing within a crosswalk, especially in business or residential districts. This rule is designed to protect pedestrians and guarantee their safe passage across busy highways.

However, it’s important to note that this right of way is contingent upon the presence of a crosswalk. At intersections where traffic is controlled by a peace officer or a traffic signal, the movement of vehicles might take precedence, and pedestrians should follow the signals and directives given to protect themselves.

Common Courtesy and Safety Measures

Even when pedestrians are not within a crosswalk, it’s common courtesy and a good safety practice for drivers to stop and allow them to pass. Although the law specifically mandates yielding at crosswalks, exercising caution and patience at all times can prevent accidents and enhance road safety. For instance, in areas with heavy foot traffic or where crosswalks might not be clearly marked, slowing down and being prepared to stop can make a significant difference between safety and getting involved in untoward incidents. 

Legal Consequences for Not Yielding to Pedestrians

Failing to yield the right of way to pedestrians is not just some social obligation. It is, in fact, a legal obligation of drivers and failing to do so comes with consequences. According to RA 4136, if a driver does not yield to a pedestrian crossing a highway within a crosswalk (unless at a regulated or signalized intersection), the penalty is a fine of Php 1,000.00. This penalty clearly highlights the importance of adhering to traffic laws and respecting pedestrian rights to ensure their safety on the road.

Practical Tips for Drivers

To successfully observe and yield to the right of way without getting in an accident, drivers must always practice these safety tips on the road:

• Stay Alert: Always be on the lookout for pedestrians, especially in business or residential districts where foot traffic is higher.
• Approach Crosswalks with Caution: Reduce speed as you approach a crosswalk and be prepared to stop.
• Respect Traffic Signals: Follow the directives of traffic signals and peace officers, but also be aware of pedestrians who might still be crossing.
• Exercise Common Courtesy: Even if pedestrians are not on a marked crosswalk, showing courtesy by yielding can prevent accidents and foster a safer driving environment.

Video: RA 4136 – Land Transportation and Traffic Code

For more information on the other provisions of the Land Transportation and Traffic Code, you might want to check out this audiobook from Nihonyx which details everything you need to know about the law and its provisions and penalties.

Summary

Knowing when and how to yield is a bare minimum expected from drivers on highways. The right of way laws set by the LTO and outlined in RA 4136 is one of the provisions of the laws designed to protect pedestrians and maintain order on the roads. By staying vigilant, respecting crosswalks, and practicing common courtesy, drivers can not only comply with legal requirements, but also contribute to a safer and more efficient traffic system.