A Pinecrest Rd. resident says he was shocked to hear a police officer say that yield to pedestrian signs have no legal basis.

Geoffrey Sharpe, a longtime resident of the area, recently contacted police about enforcement on the corner of Pinecrest and Richmond Rd., where such signs are in place and directed at drivers turning right from Pinecrest to Richmond.

Ottawa Police Const. Chris Parent left Mr. Sharpe a voice mail message saying that provincial traffic laws do not recognize a responsibility on drivers to comply.

"We have done enforcement for the speed zone in the past and will continue to do so," he said.   "As far as the sign for yield to pedestrians, (we) don't share this with many people because it's mostly effective, but it's a sign kind of made up by the (city) roads department that has no foundation in law as far as enforcing it, but it does get most drivers to comply with it; there's some that don't, but there's no ticket for that.  When it comes to the Highway Traffic Act, the pedestrian cannot leave the curb into the path of a car so the pedestrian must cross safely.  That's their responsibility; the cars don't have to stop and yield to them.  So, just to let you know not to expect that cars must stop for the pedestrian if you are walking there.  And when they do comply with the sign, take advantage of it.  It's a good idea for a pedestrian to make a gesture of your intention to cross there...that goes a long way." "I was somewhat taken aback by that message," Mr. Sharpe told The News, "because, why would the Regional Municipality of Ottawa-Carleton put up signs that in effect have no strength in law?" Under section 138 (1) of the Highway Traffic Act, drivers are required to slow down or stop as necessary at yield signs to give right-of-way to other vehicles.  Section 140 states that, in so-called 'crossovers,' "the driver of the vehicle shall yield right-of-way."  In 140 (4), the act puts onus on pedestrians to not come into the path of a vehicle "that is so close that it is impracticable for the driver...to yield the right-of-way." As far as the suggestion that walkers demonstrate the intention to cross with a gesture, Mr. Sharpe said the long history of problems with the corner show that's not really an option.

"I put it to you that you can stand there waving the red flag, and that would not necessarily stop the traffic.  (There are) individuals, who are literally tearing north along Pinecrest Rd., in excess of the posted 50 km./hr speed limit and then taking that turn, like they're in a race.  There are the two signs saying 'yield to pedestrians,' and the signs are being virtually ignored."

With audible irony, Mr. Sharpe recalled that the former regional government referred to the Pinecrest/Richmond crossing as a "pedestrian traffic refuge" when it was created in the mid-80s in response to local demands.

"It was put there for one simple reason: people had no confidence whatsoever in the traffic lights when crossing from the south side of Richmond Rd. to the north side."

Fast forward to the 90s, and the region agreed to add the yield signs when residents came back to point out that many walkers, mistrusting the crossing as-was, were making the trek further east, in the middle of Richmond.

"It's been an observed problem since 1987," said Mr. Sharpe.  "My conclusion is this: no more right turns of Pinecrest onto Richmond. That corner is too dangerous for right turns.

"We have (Grant Alternative) school right in the middle of the area; there are a lot of children who have to come to that particular position because there's no other way.  We have elderly people, we have mothers.  This has been known for a long time, the police have been told over and over about it."

A request for comment from the city was not returned.