TY - JOUR
TI - Failure to give way to a pedestrian. Commentary on the judgment of the Regional Court in Piotrków Trybunalski of May 26, 2022, case file no. VII W 135/22
AU - Matejko, Witold
TI - Failure to give way to a pedestrian. Commentary on the judgment of the Regional Court in Piotrków Trybunalski of May 26, 2022, case file no. VII W 135/22
AB - The subject of the article is an analysis of the amendments to the Act on Road Traffic (in force since June 1, 2021) regarding pedestrians’ right of way on a pedestrian crossing and the meaning of the concept of a pedestrian entering the crossing in particular. The Regional Court in Piotrków Trybunalski in the judgment of May 26th 2022, case file no. VII W 135/22, ruled that a pedestrian waiting to enter the crossing should be considered a pedestrian entering the crossing. In the author's opinion, such interpretation illustrates a creative interpretation as it adds elements not included in the provisions of the Act. As a consequence, it violates the rule of nulla contraventio sine lege by allowing the punishment of drivers for acts which do not violate any of the provisions of the Act on Road Traffic. The analysis was largely based on a literal interpretation of the provsions of the Act and the principle of strict interpretation of any repressive laws.
VL - 2022
IS - 4/2022
PY - 2023
SN - 1505-3520
C1 - 2956-3631
SP - 7
EP - 19
DO - 10.4467/15053520PnD.22.020.17416
UR - https://ejournals.eu/en/journal/paragraf-na-drodze/article/nieustapienie-pierwszenstwa-pieszemu-glosa-do-wyroku-sadu-rejonowego-w-piotrkowie-trybunalskim-z-dnia-26-maja-2022-r-sygn-akt-vii-w-135-22
KW - Pedestrian crossing
KW - pedestrian entering
KW - pedestrian priority
KW - giving way to a pedestrian