In an area where pedestrians and vehicles share the same space, with no designated lanes or footpaths, does a driver have the right of way over pedestrians who are moving around the area?
Show the correct answer
Correct answer
NO
Explanation
In the photo you can see a square in front of a shop, where cars drive and park, and pedestrians walk between them, including a man with a child - there is no separate roadway or pavement here. The driver of a vehicle does not have right of way over pedestrians in such a square. The answer is: no.
The Road Traffic Act states that a driver who drives across a footway (droga dla pieszych) is obliged to drive slowly and give way to pedestrians, and this rule applies accordingly when driving in a square where, because there is no separate roadway and footways, pedestrians and vehicles move on the same surface. So in a car park in front of a shop there is no "lane for cars" - the whole surface is shared, and the law gives pedestrians right of way on it. For the driver this means driving slowly, at a speed that allows you to stop immediately, and letting everyone who is walking go first, including someone coming out from behind a parked car with a shopping trolley, or a child who has let go of the parent's hand. A similar rule applies in a residential area: a pedestrian may use the whole width of the road and has right of way over vehicles.
Legal basis: Art. 26 para. 4 and 5 of the Road Traffic Act (Prawo o ruchu drogowym)