The "double-headed" rule at pedestrian crossings — The lawyer put an end to it

The rights and duties of the driver and the pedestrian at pedestrian crossings have been among the debated issues for many years. Especially recently, one of the main points causing discontent among drivers is the different interpretations of the concept of "yielding to pedestrians" in the legislation. On the one hand, the rules indicate that the pedestrian should not obstruct the driver’s movement or create accident conditions; on the other hand, it is stated that from the moment the pedestrian sets foot on the crossing, it is mandatory to yield to them. This sometimes results in drivers facing fines and different interpretations of the rules.

Lawyer Fuad Khazani Mammadov said in an interview with Demokrat.az that the rights and duties of drivers and pedestrians at pedestrian crossings have been one of the debated issues for many years:

“Especially recently, one of the main points causing discontent among drivers is the different interpretations of the concept of ‘yielding to pedestrians’ in the legislation. On the one hand, the rules indicate that the driver should not obstruct the pedestrian’s movement; on the other hand, it is stated that once the pedestrian places a foot on the crossing, it is mandatory to yield to them. This sometimes results in drivers facing fines and different interpretations of the rules. These ambiguous points in the law create confusion for both drivers and pedestrians. In particular, with the fines imposed by surveillance cameras, disputes increase regarding the boundaries of the concept of ‘not yielding to pedestrians.’ According to Article 1 (Basic concepts) of the Azerbaijani Republic’s Law ‘On Road Traffic,’ yielding means – if the continuation of the driver’s movement or resuming movement or performing any maneuver could suddenly force other vehicle drivers or pedestrians to change their movement direction or speed, the driver’s not continuing or resuming the movement or not performing the maneuver.”

He stated that according to Article 54, Part 1 of the same Law (Pedestrian crossings and the stopping of vehicles for general use), when the traffic light’s permission signal is on at regulated pedestrian crossings, the driver must allow pedestrians on the roadway in that direction to finish crossing:

“If at the pedestrian crossing the movement of vehicles is not regulated by a traffic controller or by the traffic light, the driver must reduce speed accordingly when approaching the crossing so as not to endanger pedestrians who have begun to cross. If the pedestrian has entered or is entering the crossing, the driver must stop the vehicle and yield to the pedestrian. Article 330 (Failure to yield to pedestrians) of the Azerbaijani Republic’s Code of Administrative Offenses notes in the ‘Note’ section that in Articles 330 and 331 of this Code, ‘not yielding’ means that the driver continues the movement or resumes movement or performs any maneuver causing the pedestrian or driver of a vehicle with the right of way at the crossing to be forced to change their movement direction or speed.”

Based on the above, I can say that the explanation of the concept ‘yielding’ in the legislation is concrete and clear, there is no basis for different interpretations, and no legal uncertainty is observed in this area,” he said.

That is, according to the law, the driver is considered guilty only if their movement forces the pedestrian to suddenly stop, run away, or retreat at the crossing; if the pedestrian’s way is not obstructed, the driver’s continuation of movement is not a violation of the rules.