STAND. COM. REP. 2046
Honolulu, Hawaii
, 2004
RE: S.B. No. 2024
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 2024 entitled:
"A BILL FOR AN ACT RELATING TO THE TRAFFIC CODE,"
begs leave to report as follows:
The purpose of this measure is to enact a new penalty for drivers who violate pedestrians' rights under the statewide traffic code, and to clarify pedestrians' duties when crossing at crosswalks not having a traffic signal or an inoperable traffic signal.
Testimony in support of this measure was received from the Department of Transportation, Honolulu Prosecuting Attorney, and Honolulu Police Department. Comments were received from the Office of the Public Defender.
This measure further provides that:
(1) Whenever any vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the adjacent lanes to the rear of the stopped vehicle may proceed no further than the front bumper of the stopped vehicle and must come to a stop;
(2) A pedestrian is prohibited from crossing outside of a marked crosswalk at an intersection, or within 200 feet of an intersection or marked crosswalk in residential areas; and
(3) A pedestrian is prohibited from crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided.
This measure imposes a three tier system of fines for the first, second, and third conviction within a specified time interval. Pedestrians are required to look for a break in traffic that will permit time for a vehicle to stop safely to permit a pedestrian to cross; make every effort to make eye contact with the driver of the approaching vehicle; and stop prior to entering each lane of a multi-lane highway.
Your Committee finds that Hawaii drivers are generally in a hurry on the road, causing them to fail to yield the right of way to pedestrians. While there may be contrary attitudes as to which should have the right of way, one thing is clear: the moving vehicle is a dangerous instrument when facing a pedestrian. As such, it is incumbent upon your Committee to provide for a penalty to drivers who do not yield the right of way to pedestrians and to clarify the law on pedestrian rights when crossing.
Your Committee has amended this measure by:
(1) Deleting provisions specifying the requirements for pedestrians to observe when crossing in a crosswalk or intersection with no operating traffic control signals, because of testimony that this is a matter of individual judgment;
(2) Adding a provision to cover the situation wherein a driver seeks to overtake a vehicle directly in front which is stopped for a pedestrian to cross; and
(3) Adding a conforming statutory amendment.
As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2024, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2024, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs, and Government Operations,
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____________________________ CAL KAWAMOTO, Chair |
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