I. When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
   II. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

Terms Used In New Hampshire Revised Statutes 265:35

  • Crosswalk: shall mean that part of a highway at an intersection included within the connections of the lateral lines on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable highway or any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See New Hampshire Revised Statutes 259:17
  • Driver: shall mean a person who drives or is in actual physical control of a motor vehicle as defined in RSA 259:60 or an OHRV or snowmobile. See New Hampshire Revised Statutes 259:25
  • Right-of-way: shall mean the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed or proximity as to give rise to the danger of collision unless one grants precedence to the other. See New Hampshire Revised Statutes 259:91
  • Roadway: shall mean that portion of a way improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles. See New Hampshire Revised Statutes 259:92
  • Traffic: shall mean pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any way for purposes of travel. See New Hampshire Revised Statutes 259:110
  • Vehicle: shall mean :
       I. See New Hampshire Revised Statutes 259:122
  • Way: shall mean :
       I. See New Hampshire Revised Statutes 259:125

   III. Paragraph I shall not apply under the conditions stated in RSA 265:36.
   IV. 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.