2012年5月15日星期二

小心走路,以免被控



Texting while walking: pedestrians fined


Mark Hughes in New York
May 15, 2012 - 7:18AM


Pedestrians in an American town are being fined if caught writing text messages on their mobile phones while walking in the street.


Thomas Ripoli, the police chief of Fort Lee, New Jersey, has told officers to issue fines of $US85 to anyone they consider to be engaging in "dangerous walking", citing texting while crossing the road as a prime example.


He said he decided to act after noticing an increase in car accidents involving pedestrians.


More than 20 people have been hit by cars this year in the town with a population of about 35,000. Some were absorbed in a text message or phone call when the accident happened. One person was killed while using a mobile phone while crossing the road, Mr Ripoli said.


His officers spent two weeks handing out pamphlets warning of the dangers of "jaywalking" - crossing a road at a point other than a designated crossing - before bringing fines into play.


Mr Ripoli said: "It's not always the driver's fault. Pedestrians are not always aware; they're not watching where they are walking."


Since the start of the campaign in March, 117 people have been fined for "dangerous walking" although it is unclear exactly how many were texting when fined.


Mr Ripoli said texting while walking would not be outlawed completely, but people caught crossing a street while texting could expect to be given a ticket.


Other safety suggestions by the police chief include refraining from listening to music on headphones and wearing bright clothing.


Texting while walking has been proved to be distracting. A study at Stony Brook University found that 60 per cent of blindfolded participants, when asked to walk in a straight line, veered off when they were texting.


The Daily Telegraph, London


美國澤西針對行人交通意外,對行人邊走邊用手機發短訊作出票控,聽起來匪夷所思,究竟能否在香港及悉尼執行呢?

我不知道新澤西引用的法例是怎樣寫的,我只能從香港及新南威爾斯州的法例中尋找相應的條文。以香港而言,並沒有一條很明確具針對性的法例,用來檢控在路上使用手機發短訊對其他人造成妨礙的人,唯一可考慮的是香港法例第374章道路交通條例第48條

任何使用道路的行人,或於任何道路上駕駛人力車的人疏忽地危害其本人或他人的安全,即屬犯罪,可處罰款$500 (即一級罰款$2000)


在香港邊走邊用手機,只其他人,不致於犯法,至少要疏忽地危害安全,才致犯法。一用這條例來檢控那些在沒有設置行人過路燈或天橋的地過馬路,被車撞倒的行人。


在新南威爾斯州,可援引作檢控的法例反而比較貼切。在Road Transport (Safety and Traffic Management) Act 1999 - Road Rules 2008 


Section 236 Pedestrians not to cause a traffic hazard or obstruction
(1) A pedestrian must not cause a traffic hazard by moving into the path of
a driver.
Maximum penalty: 20 penalty units.(1 penalty unit = A$110)
(2) A pedestrian must not unreasonably obstruct the path of any driver or
another pedestrian.
Maximum penalty: 20 penalty units.
(3) For subrule (2), a pedestrian does not unreasonably obstruct the path of
another pedestrian only by travelling more slowly than other
pedestrians.


新南威爾斯州交通條例的講法,走在路上不合理地妨礙其他行人,可被定罪。合理與否,要視乎實際情況。如果你扭傷足踝,一拐一拐地,當然合理。至於在熙來往的繁忙街上,佇立路中央發短訊足以構成不合理障礙,就算不法也失儀。如果因講手發短而胡亂過馬路引起危,在香港新州,都會被檢控。


















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