JAYWALKING AND PRIVATE ROADS

Crossing continuous lines and private roads

What about crossing a continuous line on a private road?

Cited before the local court for having crossed a continuous line while driving on a service road of the shopping centre car park of which he is the owner, the litigant argued that there was no municipal by-law laying down such horizontal signs.

As the prosecution is based on the provisions of article R. 412-19 of the Highway Codewhich make it an offence for a driver to cross or straddle a longitudinal centre line or lane separation line on the roadway, and Article L. 113-1 of the French Highway CodeSince article L. 162-1 of the Code, which applies to private roads open to public traffic, reserves solely to the authorities responsible for road services the right to place in public view indications or signs concerning, in any respect whatsoever, traffic, the plea that the signs in question were not laid down by an order of the mayor of the municipality, made in the exercise of his police powers, is inoperative.

Cass. crim. 12 November 2014, no. 13-86357

What you also need to know:

1.

Most motorists remember these words spoken by their driving instructor. "The solid white line is a wall: you must never cross it..

This formal ban on crossing a solid white line is set out in article R. 412-9 of the Highway Code. "When continuous longitudinal lines are affixed to the carriageway, either axially or separating traffic lanes, drivers are not allowed to cross or overlap them..

A principle that it is forbidden to cross a solid white line, even to overtake a slow-moving vehicle. Like a tractor or a refuse collection truck.

2.

Le Highway code does, however, allow vehicles to straddle or cross a solid white line adjacent to a second broken line. Drivers travelling in the lane delimited by the broken line are in fact authorised to overtake the vehicle in front of them, provided that they have completed their overtaking manoeuvre before the end of the broken line.

In accordance with ordinary law, it is also possible to cross it in the event of force majeure. In other words, in the event of an unforeseeable, irresistible event outside the control of the driver concerned.

Avoiding a rock, an animal or another vehicle to avoid an accident. These are just some of the reasons why you can cross the solid white line without fear of being penalised.

Finally, the police generally tolerate crossing the continuous line:

-in the presence of animals or riders,

-or when a mobile worksite is in progress.