Pedestrians And

Equestrians Beware

To the Editor:

Is it unlawful in the Town of Newtown for a pedestrian or an equestrian to use a town roadway? It would seem so because in two recent cases, a pedestrian and an equestrian have been issued infraction tickets after being involved in an accident with an automobile. What is the state or town statute that that has been violated? The Bee doesn’t say.

A review of the 2005 Connecticut General Statutes Title 14 Motor Vehicle Laws finds these sections regarding pedestrians and equestrians:

Sec 14-298-236. Definitions (o) “pedestrian” means any person on foot;

Sec 14-300d. Operator of a vehicle required to exercise due care to avoid pedestrian. Notwithstanding any provisions of the general statutes or any regulations issued thereunder, sections 14-299, 14-300, 14-300b to 14-300e, inclusive, or any local ordinance to the contrary, each operator of a vehicle shall exercise due care to avoid colliding with any pedestrian or person propelling a human powered vehicle and shall give a reasonable warning by sounding a horn or other lawful noise emitting device to avoid a collision. A violation of any provision of this section shall be an infraction.

Sec 14-293b. Responsibilities of motor vehicle operators when approaching equestrians. The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54 specifying the responsibilities of an operator of a vehicle when approaching a person riding a horse on a public highway, which responsibilities shall include, but not be limited to, the obligation to reduce speed appropriately or to stop, if necessary, to avoid endangering the equestrian or frightening or striking the horse. A statement concerning such responsibilities shall be printed in the instruction manual for motor vehicle operation at the time of the next revision of such manual.

Sec 14-218a. Traveling unreasonably fast. Establishment of speed limits

Any speed in excess of such limits, other than speeding as provided for in section 14-219, shall be prima facie evidence that such speed is not reasonable, but the fact that the speed of a vehicle is lower than such limits shall not relieve the operator from the duty to decrease speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

According to Connecticut State law, it would seem that the operator of a vehicle is responsible for avoiding pedestrians and equestrians and to decrease speed when approaching. Why not in Newtown?

Dana Nickerson

20 Bridle Path, Newtown                                                   April 4, 2005