Bezpieczeństwo na przejściu dla pieszych – polemika
Safety on pedestrian crossings – a polemic
Author(s): Piotr KrzemieńSubject(s): Civil Law, Health and medicine and law, Social Norms / Social Control
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Pedestrian crossing; special caution; pedestrian’s right of way; giving way to pedestrian; pedestrian entering the zebra crossing; a polemic;
Summary/Abstract: The paper is a polemic against the paper called “Safety at pedestrian crossings in light of the amended provisions of the Act on Road Traffic” by Ł. Trzeciak published in the issue 1/2023 of Paragraph on the Road. The criticism concerns incorrectness and false- ness of referring to some matter, inadequacy of some quoted rulings. In the paper in question there is in fact no priority linguistic interpretation, and, above all, there is a lack of the application of strict directives of the interpretation of restrictive regulations, and the objective in the functional interpretation is defined incorrectly. The polemic also presents a few new arguments in favor of inadmissibility of the interpretation proposed by Ł. Trzeciak. The author of the present polemic consistently holds the view that the “entering” pedestrian is one that moves on the threshold of the crossing and that from the definition of giving way to pedestrian it does not in the least follow that the pedes- trian always must cross the zebra crossing before a vehicle enters it.
Journal: Paragraf na Drodze
- Issue Year: 2024
- Issue No: 1
- Page Range: 7 - 39
- Page Count: 33
- Language: Polish