Like me, many out there must have at some time been driving when, suddenly, somebody lost in attentively looking at his mobile, decided to cross the main road without even bothering to look up to ascertain whether any cars were dangerously approaching. You probably and miraculously managed to hard brake in time or swerved to one or the other side, or, in the worst scenario, some bodily injuries and material damages were caused as a result. Undoubtedly, this constitutes a serious peril to both pedestrians and drivers. I have had more than one close shave like this.
That is just one example of jaywalking. The Maltese today live a fast-paced life, and some of them can't wait for the green light even though it will only cost them 45-60 seconds. To be fair, the design of traffic signals favours automobiles, and, in certain areas, the duration of the green light is too short for the elderly and children. That notwithstanding, many don't have a sense of law and traffic safety and have wishful thinking that misfortune will not come to them. To further aggravate the situation, there is no regulation to be enforced and, therefore, no risk punishment.
Jaywalking is to date not illegal in Malta, although the Highway Code says pedestrians should not cross the road at any other point where there is a subway or pedestrian crossing within 50 metres.
In one particular criminal case in 2018, Madam Justice Scerri Herrera called upon the legislator to consider the introduction of 'pedestrian offences' or jaywalking offences. As is so typical in many cases, nobody bothered to follow up on such a commendable recommendation, and perhaps this is one issue that the Road Safety Bureau should seriously consider tackling.
The United States, Canada, Singapore, Germany and Australia have implemented regulations or laws to discourage or penalise jaywalking, although the specific regulations and enforcement may vary.
It's about time the authorities crack down on illegal street crossing in an attempt to instil some form of rule of law, at least in this area. Malta is becoming renowned for its chaotic roadways. Pedestrians often disregard traffic signals and walk into the street (usually in groups), contributing heavily to traffic jams and bottlenecks in urban areas.
I think the issue is more cultural than logistical, and I attribute jaywalking to a national short-sightedness or lack of principles. Perhaps it also reflects the population's disregard for the rule of law.
On a higher level, the high incidence of jaywalking reflects the government's lack of attention to pedestrian rights. Traffic enforcement officials have little regard for the few daring Maltese who rely on biking and walking to get around.
In certain areas, because drivers rarely yield to pedestrians, even though it's required by law, jaywalking becomes a kind of collective action to force cars to stop. On the other hand, traffic infrastructure doesn't help, and even when they get a walk signal, there's no telling when cars will allow pedestrians to cross the road.
Be that as it may, I would advocate an eventual statutory definition of jaywalking or, to adopt Madam Justice Scerri Herrera's suggestion, pedestrian offences, to include crossing in the middle of the street instead of using designated crosswalks or subways and disregarding regulatory signs indicating pedestrians are not allowed to walk along a road or path. Such dangerous behaviour and haphazard pedestrian crossing are daily witnessed and experienced in the vicinity of the Skate Park area and parts of Regional Road in Msida.
Crossing between parked cars and cutting across lanes of traffic rather than using pedestrian overpasses or underpasses should also be included. To create a desirable balance, regulations could allow pedestrians in certain areas to cross certain streets outside a crosswalk but require them to practice due care and yield to any motor vehicles. As it is, construction sites make the problem worse, often occupying the entire pavement and making it even more dangerous for pedestrians.
Pedestrian offences could take the legal form of either contraventions or quasi-delicts, depending on the presence and extent of the consequences. If a jaywalking incident puts others in danger, the jaywalking pedestrian may face the charge of reckless endangerment. If jaywalkers disrupt traffic, they may face disorderly conduct or disturbing the peace charges.
It is not enough that in lawsuits arising from injuries to a pedestrian, defendants can lawfully claim that the negligence of the pedestrian caused or at least contributed to the pedestrian accident, with the latter not also being criminally prosecuted.
Seasoned criminal lawyers might be expected to raise the question of how much authority the government should have to protect people misbehaving in ways that are, in most cases, dangerous only to themselves. In shooting down such an argument, one could easily refer to how not wearing a seatbelt when driving is punishable by a fine despite being only dangerous to the driver.
True, in most cases, jaywalking might be a victimless offence, but the potentiality of causing serious damages, bodily harm and even death justifies making it a criminal offence. Jaywalking collisions are much more likely to kill people. Latest statistics reveal that there may be an increasing trend towards vehicle-related pedestrian accidents as the year progresses. In 2023 alone, more than 204 pedestrians were injured in traffic crashes.
Irrespective of whether we drive a car or take the bus, at some point in the day, everyone is a pedestrian with rights and corresponding duties.
Dr Mark Said is a lawyer