Do pedestrians have right of way on roads?

Drivers should always be aware of pedestrians. Pedestrians can include people; walking, using wheelchairs (including registered motorised wheelchairs), on rollerblades, on skateboards, using roller skates or other wheeled recreational wheelchairs.

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Frequently asked questions
What do you do when approaching an emergency vehicle?
Do you have to give way to pedestrians Qld?
Do cars or pedestrians have the right of way UK?
Do you have to wait for a pedestrian to completely cross the street NSW?
Do pedestrians have the right of way in the US?

Pedestrians can increase their safety around roads by ensuring they are visible and using safe routes and road crossings where possible.

Pedestrians should:

cross the road at traffic lights, marked crossings or at pedestrian refuges
look out for and hold the hands of young children around roads and traffic
take extra care at night and wear bright or reflective clothing
never assume that a driver has seen you and will stop for you.

Drivers should:

take care and never assume that a pedestrian has seen you approaching
be prepared for pedestrians near schools, shops, car parks or where special events are occurring
slow down in locations where there is high pedestrian activity
give way to pedestrians when turning at intersections.

Children learn about road safety by watching and copying adults. Parents and carers should always set a good example by using pedestrian crossings or traffic lights to cross the road. Visit Constable Kenny Koala’s website for tips on how to teach children to Stay OK on our roads.

For more information on pedestrian safety, visit Justice and Community Safety website.

Frequently asked questions

When I am walking across a driveway, do I have to give way to an entering car?

Vehicles must always give way to pedestrians on a footpath, and pedestrians should always make eye contact with a driver entering or leaving a driveway.

Do I have to use a designated pedestrian crossing to cross a major road?

Yes if there is one available. You must cross at a crossing if there is one within 20 metres.

If there is no crossing, take the shortest and safest route, be visible and allow plenty of time to cross. Some main roads have raised median strips to help you cross the road in two stages.

Can I cross at the traffic signals when the pedestrian signal is flashing red?

Only cross at traffic lights when the pedestrian light is green. If you are crossing and the light changes to flashing red, you must cross to the other side of the road, or nearest pedestrian refuge island as quickly as possible.

Giving way

Think you have ‘right of way’? Think again. All road users need to be patient, safe and considerate, no matter what lane they’re in.

Giving way or ‘right of way’ is arguably one of the most contested rules on Victorian roads, so we’ve done our best to clear up the confusion! When it comes down to it, giving way is about courtesy and common sense. If you’re stopped, you must remain stationary until it’s safe to proceed. If you’re moving but anticipate a potential hazard, you must slow down or stop to avoid collision. Here we explore some common examples.

Sometimes it can be difficult to hear alarms from a distance, so it’s important to keep an eye on your mirrors and know what’s happening around you. If you’re in the path of an emergency vehicle displaying flashing red or blue lights or sounding an alarm:

Move out of its path as soon as you can do so safely.
If you’re stopped, remain stationary until it’s safe to proceed. Otherwise slow down and stop if necessary to avoid a collision.
Consider the speed limits around emergency vehicles that may apply.

This rule applies despite any other rule that would otherwise require a driver of a police or emergency vehicle to give way to you.

For more information see rules 78,79 and 79A of the Victorian Road Safety Road Rules 2017.

What do you do when approaching an emergency vehicle?

The Victorian State Government has announced that from 1 July 2017, road users will need to slow down to 40km/h when driving past stationary or slow-moving emergency or enforcement vehicles with flashing red, blue or magenta lights, or sounding an alarm.

Emergency and enforcement vehicles include police, ambulance, fire services, State Emergency Service and heavy vehicle enforcement vehicles that have magenta flashing lights (such as VicRoads Transport Safety Service vehicles).

This rule does not apply on a road with a median strip, where the vehicle is on the other side of the median strip. The rule applies to the driver despite any other road rule.

When driving in the left lane or line of traffic in a built-up area, you must give way to a bus displaying a 'Give way to buses' sign when it is stopped or moving slowly and indicating to join the traffic stream from the left.

Both drivers and pedestrians have a responsibility to give way. But at a glance, you should remember that:

Drivers need to give way to any pedestrians using a pedestrian or school crossing. This the law regardless of the presence of a crossing supervisor, though school crossings are only in operation when flags are displayed, or yellow lights are flashing.
At intersections (except roundabouts), you must give way to any pedestrians at or near the road you are turning into.
Drivers need to give way to pedestrians in a slip lane even if there’s no marked crossing
Drivers need to give way to pedestrians in Shared Zones (which are indicated by signs).
Pedestrians need to give way to vehicles at roundabouts.

For more information see rules 67 to 73 and 80 to 82 of the Victorian Road Safety Road Rules 2017.

VicRoads also provides a great summary of the key road rules regarding pedestrians.

The summaries RACV provide on Victorian road rules are based on the Victorian Road Safety Road Rules 2017. We make sure to reference the exact rule where possible. When reading, keep in mind that we’re providing general information, not legal advice. If you’re looking for specific questions on any legal matter, consult with a lawyer for help.

Do you have to give way to pedestrians Qld?

When driving or riding in Queensland, you must: give way to pedestrians on or entering children's, pedestrian or marked foot crossings. give way to pedestrians on or entering a road you're turning into. give way to pedestrians in a shared zone or slip lane.

Do cars or pedestrians have the right of way UK?

Drivers and riders should give way to pedestrians waiting to cross and MUST give way to pedestrians on a zebra crossing (see Rule H2). Keep looking both ways, and listening, in case a driver or rider has not seen you and attempts to overtake a vehicle that has stopped.

Do you have to wait for a pedestrian to completely cross the street NSW?

When you see the flags, you must slow down and stop before the white stripes or 'Stop' line to give way to pedestrians. You must remain at a complete stop until all pedestrians have left the crossing.

Do pedestrians have the right of way in the US?

§ 42-4-802: No traffic control signals, vehicle must yield right-of-way to pedestrian. Pedestrians must not leave the curb in front of vehicle where vehicle does not have time to stop. C.R.S. § 42-4-803: Pedestrians must yield right-of-way if there is no marked or unmarked crosswalk.