VTL 1151- (c) “Passed Stopped Vehicle at Crosswalk/Intersection”
Not to be confused with VTL 1151(a), " Failure to Yield to Right of Way to Pedestrian in Crosswalk"
Vehicle & Traffic Law 1151(c) is a rarely cited violation in New York State. It concerns passing a car that is yielding to a pedestrian. The wording of the statute is:
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
There will be times when a pedestrian has a designated crosswalk and is using it, while there is a car stopped. The car has correctly yielded to them and is allowing them to cross. At this point, any car that comes to the crosswalk must stop behind this first car and allow the pedestrian to complete their journey. The subsequent cars cannot go around the first car, or through the crosswalk, when a pedestrian is in it. The same rule applies when there is no marked crosswalk. If a car has yielded to a pedestrian and they are currently walking across the road, any additional cars must wait for them to do so.
Any driver who overtakes or passes a car that has yielded to a pedestrian in a crosswalk will be receiving a ticket for violating VTL 1151(c). A first-time conviction to this charge can cost up to $150. A second offense to the same charge within 18 months raises the maximum fine to $300, while a third offense raises it again to $450. There is also a mandatory $93 surcharge ($88 in NYC). With prior convictions over the previous 18 months, you may be facing a Driver Responsibility Assessment Fee. Any conviction to VTL 1151(c) results in 3 points added to your driving record. With this violation on your record, you can expect increased car insurance rates.
The Benjamin Goldman Law Office can help with this ticket. We are a law firm that helps motorists throughout New York State, from Orangetown to Elizabethtown. Our firm can submit the Not Guilty plea for you and make any necessary court appearances in your place. Our goal would be to get the violation reduced to a parking ticket or get it dismissed entirely. The Benjamin Goldman Law Office provides free consultations to all motorists.