Pierwszeństwo pieszego „wchodzącego” na przejście dla pieszych. Nowy przepis Prawa o ruchu drogowym w świetle procesu legislacyjnego, wystąpień posłów i senatorów oraz zasad opiniowania wypadków drogowych
The right of way of a pedestrian entering a pedestrian crossing The new regulation of the Act on Road Traffic in view of the legislative procedure, speeches by Members of Parliament and Senators together with the principles of expert witnessing...

Summary/Abstract: A comprehensive interpretation of the new regulation in road traffic related to the changes in the right of way of pedestrians entering a crossing together with the complete legislative procedure, some speeches given by Members of Parliament and Senators is presented. In spite of considerable disinformation as to what is meant by the term “en- tering a pedestrian crossing”, the entire course of legislative work as well as linguistic and teleological analysis indicate that a pedestrian entering a crossing is a person who crosses the point where the crossing starts. The hitherto approach of expert witnesses and courts of justice to the assessment of the time and state of pedestrian’s movement that obliged drivers to start a reaction is presented. The discrepancy between the incor- rect interpretation of the term entering and the other regulations of the Act on Road Traffic is pointed out. By way of presenting the enacted regulations against the princi- ples of the science of optimisation, the author has concluded that the present shape of the regulation in question is correct as it symmetrically distributes the duties between drivers and pedestrians, and any modifications in favour of any party would be at odds with the priorities of the administration of justice.

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