19.1.3 Relationship to Other Policies, Laws, and Regulations
This design chapter is intended to support and comply with existing State and federal guidance. Under
it states: “Bicycle transportation facilities and pedestrian walkways must be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted.”
Furthermore, this guidance is supported by
guidance:
“Bicycle and pedestrian needs must be given “due consideration” under Federal surface transportation law (
). This consideration should include, at a minimum, a presumption that bicyclists and pedestrians, including persons with disabilities, will be accommodated in the design of new and improved transportation facilities. In the planning, design, and operation of transportation facilities, bicyclists and pedestrians should be included as a matter of routine, and the decision to not accommodate them should be the exception rather than the rule.”
On March 11, 2010, a federal policy statement on
was signed by U.S. DOT. Recommended actions encourage the incorporation of “safe and convenient walking and bicycling facilities into transportation projects. Every transportation agency, including DOT, has the responsibility to improve conditions and opportunities for walking and bicycling and to integrate walking and bicycling into their transportation systems. Because of the numerous individual and community benefits that walking and bicycling provide — including health, safety, environmental, transportation, and quality of life — transportation agencies are encouraged to go beyond minimum standards to provide safe and convenient facilities for these modes.”
Inclusion of pedestrian facilities in non-maintenance transportation projects is specified in the
. These sections identify design considerations for transportation projects that “involve the construction, reconstruction, rehabilitation, or resurfacing of a highway, other than a maintenance resurfacing project.” These provisions apply to projects where TxDOT has design and construction or funding responsibilities.
states: “The department […] must consider the following factors when developing transportation projects: the access for other modes of transportation, including those that promote physically active communities.” Further,
states: “The factors provided in paragraph (1) of this section will be assessed when developing transportation projects.
Access for other modes of transportation will be considered during the project development process by developing plans and projects that contain, where appropriate, interconnections with other transportation facilities, including bicycle transportation facilities, pedestrian walkways, and trails.”
19.1.3.1 Accessibility
Where pedestrian use is permitted, roadway designs and alterations must comply with accessibility requirements established by the
adopted by the U.S. Department of Justice (DOJ), the
adopted by the USDOT,
, and
.
While the
are the current enforceable federal regulations implementing the
, these pertain mostly to accessible design at public facilities and their grounds. Since the
does not adequately address features unique to public ROW, on August 8, 2023, the US Access Board published the
to provide guidance. The
has not been formally adopted by the DOJ or the DOT so it is not yet enforceable. However,
provides a useful framework to meet TxDOT’s obligations to make our programs, services, and activities in the public ROW readily accessible and useable by all individuals including those with disabilities.
The
is issued by the
under the authority of
. The standards are intended to be consistent to those contained in the DOJ
and are generally the same except as noted. Both
and DOJ
provide some criteria on curb ramp design but will require revisions to align with the guidance included in
.
As of May 15, 2017, changes to the
allow the TDLR to accept compliance with
in lieu of
for projects in the public ROW. Because the FHWA encourages the use of
as best practice, TxDOT designers must use
to achieve accessible design requirements in the public ROW.
and DOJ
must be used for design and construction of buildings such as TxDOT buildings. However, sites in the public ROW, such as safety rest areas, will use
for applicable guidance. A request for a design variance for any deviations from the applicable
, or if applicable,
requirements must be submitted to the TDLR for approval.
Throughout this chapter,
, and other ADA-related guidance are generally referred to as “pedestrian accessibility guidelines,” except when the reference is to a specific document or regulation. Further details on the design implications of compliance are provided in
.
19.1.3.2 Key Pedestrian Laws and Definitions
The
, defines laws associated with pedestrian facilities and pedestrian ROW (motorists, Chapter 545 and pedestrians, Chapter 552). The following is a summary of critical elements of these statutes which impact the design, operation, and use of pedestrian facilities on or crossing public roadways.
19.1.3.2.1 Marked and Unmarked Crosswalks
Texas law (
) defines a marked crosswalk as a pedestrian crossing that is designated by pavement markings. It also defines an unmarked crosswalk as the extension of a sidewalk or edge of the roadway where sidewalks are not provided across intersecting roadways. See
below for location of unmarked crosswalk at an intersection. At midblock locations, unmarked crosswalks do not exist, and a crosswalk must be marked to legally establish the crosswalk. Crosswalks are marked to encourage pedestrian use of a crossing or to legally establish a crosswalk at midblock locations.
Figure 19-2: An Unmarked Crosswalk Exists at an Intersection as the Extension of the Sidewalk or Edge of Roadway Across the Intersecting Street, Regardless of the Presence of a Pedestrian Access Route.
19.1.3.2.1.1 Right of Way at Street Crossings
Motorists must stop and yield the ROW to pedestrians who are lawfully within crosswalks at:
- All marked or unmarked unsignalized intersection or midblock crossings unless pedestrians are legally prohibited ( ); and
- All marked or unmarked signalized intersection or midblock crossings where pedestrians enter the crossing on the WALK pedestrian phase or, in the absence of pedestrian signals, on the green phase for the parallel vehicular traffic ( ).
In all locations, a pedestrian may not suddenly leave a curb or other place of safety and proceed into a crosswalk in the path of a vehicle so close that it is impossible for the vehicle operator to stop and yield.
Pedestrians must yield ROW to motorists at all unsignalized unmarked midblock locations and between adjacent intersections at which signals are in operation. A pedestrian may cross only in a marked crosswalk (
).
19.1.3.2.1.2 Use of Pedestrian Facilities
The law requires pedestrians walking along the roadway to walk on the left side of roadway facing traffic where sidewalks or other pedestrian facilities are not provided. Pedestrians are legally required to yield the ROW to all vehicles in these locations. Motorists must also exercise “due care” to avoid colliding with any pedestrian.
Where a sidewalk or shared use path (sidepath) is present and accessible to pedestrians, the pedestrians are required to use those facilities. Due to the need of facilities designed for pedestrians to meet the respective ADA requirements (cross slope, grade, etc.), shoulders generally should not be used as pedestrian accessible routes. Other options should be pursued when designing pedestrian accessible routes.