SB2892

SECTION 1. The legislature finds that the following factors provide an impetus to make meaningful revisions to the statewide traffic code:

(1) Hawaii has the highest rate in the nation of combined pedestrian and bicycling fatalities. Over the past five years, an average of 25.8 per cent of all highway deaths in the State were walkers and cyclists, while the national average hovered between twelve and thirteen per cent. Compared with the safest five states, Hawaii had four times more death among this most efficient, desirable, and up-and-coming segment of the transportation population;

(2) In response to a November 2006 ballot question, seventy-seven per cent of voters in the city and county of Honolulu said "yes" to making Honolulu a bicycle- and pedestrian-friendly city;

(3) Because traffic congestion has increased throughout the State, walking and cycling provide a faster mode of transportation in many areas at rush hour and on weekends as compared with sitting in a fossil-fuel burning automobile;

(4) The State's overwhelming dependency on foreign imported energy poses a direct and immediate threat to the sustainability of our fragile and extremely isolated island chain, both of the life support system and the basic economy and ecology of its human and nonhuman residents; and

(5) Not only is movement toward more sustainable practices, policies, laws, institutions, and infrastructure possible, it is also a fast-approaching necessity if the residents of Hawaii would like to remain here and if the State is going to maintain its competitive advantage in the world.

The purpose of this Act is to revise the statewide traffic code to improve the safety of bicyclists and pedestrians.

SECTION 2. Section 291C-43, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-43[]] Overtaking a vehicle on the left. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. For any motor vehicle passing a bicyclist, a safe distance shall be not less than three feet, except that a bicyclist may reasonably leave a bicycle lane to avoid debris or other hazardous conditions, as provided in section 291C-145(c)(3).

(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver's vehicle until completely passed by the overtaking vehicle."

SECTION 3. Section 291C-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway[.], unless by a bicyclist escaping more hazardous conditions on the roadway or roadside."

SECTION 4. Section 291C-72, Hawaii Revised Statutes, is amended to read as follows:

"§291C-72 Pedestrians' and bicyclists' right-of-way in crosswalks. (a) The driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian or bicyclist is either:

(1) Upon the half of the roadway upon which the vehicle is traveling; or

(2) Approaching the vehicle so closely or so rapidly from the opposite half of the roadway as to be in danger,

and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.

(b) No pedestrian or bicyclist shall suddenly leave a curb or other place of safety and walk [or], run, or pedal into the path of a vehicle which is so close that it is impossible for the driver to yield[.]; nor shall any vehicle speed up upon the approach of pedestrians or bicyclists at curbs, crosswalks, or other such areas, with the intent or effect of preventing them from crossing safely.

(d) 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 the stopped vehicle.

(e) Every person who violates this section shall be subject to the following penalties:

(1) For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a [~~fine of $150;~~] revocation of the person's driver's license and privilege to operate a vehicle for a period of ninety days;

(2) For an infraction that occurs within one year of a prior violation of this section, a [~~fine of $300 and~~] revocation of the person's driver's license and privilege to operate a vehicle for a period of [~~ninety~~] one hundred eighty days; and

(3) For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a [~~fine of $1,000, and~~] revocation of the person's driver's license and privilege to operate a vehicle for a period of one [~~hundred eighty days.~~] year."

SECTION 5. Section 291C-74, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-74[]] Drivers to exercise due care. Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, bicyclist, or other person upon any roadway and shall give warning by sounding the driver's horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway."

SECTION 6. Section 291C-75, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-75[]] Pedestrians and bicyclists to use right half of crosswalks. Pedestrians and bicyclists shall move, whenever practicable, upon the right half of crosswalks."

SECTION 7. Section 291C-79, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-79[]] Pedestrians' and bicyclists' right-of-way on sidewalks. The driver of a vehicle emerging from or entering an alley, building, private road, or driveway shall yield the right-of-way to any pedestrian or bicyclist approaching on any sidewalk extending across the alley, building entrance, road, or driveway."

SECTION 8. Section 291C-81, Hawaii Revised Statutes, is amended to read as follows:

"§291C-81 Required position and method of turning at intersections. The driver of a vehicle intending to turn at an intersection shall do so as follows:

(1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway[.], except as provided in part IV of this chapter, when passing a bicycle.

(2) Left turns. The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(3) The director of transportation and the counties in their respective jurisdictions may cause official traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when such devices are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such devices."

SECTION 9. Section 291C-94, Hawaii Revised Statutes, is amended to read as follows:

"§291C-94 Emerging from alley, driveway, or building. The driver of a vehicle emerging from an alley, building, private road, or driveway or from any public or private property other than a highway that is adjacent to a bicycle lane, bicycle path, sidewalk, or sidewalk area shall stop the vehicle immediately prior to driving onto the bicycle lane, bicycle path, sidewalk, or sidewalk area extending across the alley, building entrance, road, or driveway, or such public or private property, or in the event there is no bikeway or sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.

Each violation of this section shall be punishable by a three-month suspension of the violator's driver's license. Statements from three credible witnesses shall be sufficient to enforce the suspension."

SECTION 10. Section 291C-101, Hawaii Revised Statutes, is amended to read as follows:

"§291C-101 Basic rule. No person shall drive a vehicle at a speed greater than is reasonable and prudent and having regard to the actual and potential hazards and conditions then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians, bicyclists, or other traffic, or by reason of weather or highway conditions."

SECTION 11. Section 291C-114, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-114[]] Parking on sidewalks. The director of transportation is authorized to and the counties by ordinance may with respect to highways under their respective jurisdictions prohibit or restrict the stopping, standing, or parking of vehicles except for bicycles on sidewalks."

SECTION 12. Section 291C-125, Hawaii Revised Statutes, is amended to read as follows:

"§291C-125 Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with, or causing immediate hazard to the movement of other traffic[,] including bicyclists, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

SECTION 13. Section 291C-142, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-142[]] Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in part IV and this part and except as to those provisions of this chapter which by their nature can have no application."

SECTION 14. Section 291C-143, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed [~~and~~] or equipped."

SECTION 15. Section 291C-163, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter shall not be deemed to prevent counties with respect to streets and highways under their jurisdiction from:

(1) Regulating or prohibiting stopping, standing, or parking except as provided in section 291C-111;

(2) Regulating traffic by means of police officers or official traffic-control devices;

(3) Regulating or prohibiting processions or assemblages on the highways;

(4) Designating particular highways or roadways for use by traffic moving in one direction;

(5) Establishing speed limits for vehicles in public parks;

(6) Designating any highway as a through highway or designating any intersection as a stop or yield intersection;

(7) Restricting the use of highways;

(8) Regulating the operation and equipment of and requiring the registration and inspection of bicycles, including the requirement of a registration fee;

(9) Regulating or prohibiting the turning of vehicles or specified types of vehicles;

(10) Altering or establishing speed limits;

(11) Requiring written accident reports;

(12) Designating no-passing zones;

(13) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic;

(14) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic[;], except for classes of vehicles and uses that decrease traffic congestion, and improve average fuel efficiency, space availability, neighborhood safety, and other desirable conditions;

(15) Establishing minimum speed limits;

(16) Designating hazardous railroad grade crossing;

(17) Designating and regulating traffic on play streets;

(18) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk;

(19) Restricting pedestrian crossing at unmarked crosswalks;

(20) Regulating persons propelling push carts;

(21) Regulating persons upon skates, coasters, sleds, and other toy vehicles;

(22) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

(23) Adopting maximum and minimum speed limits on streets and highways within their respective jurisdictions;

(24) Adopting requirements on stopping, standing, and parking on streets and highways within their respective jurisdictions except as provided in section 291C-111;

(25) Adopting such other traffic regulations as are specifically authorized by this chapter."

SECTION 16. Section 291C-197, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Wherever bicycle lanes are provided on the roadway, moped drivers shall use [~~such~~] the bicycle lanes[.], except when:

(1) Traveling the posted speed limit; or

(2) Signage prohibits use by moped drivers."

SECTION 17. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 18. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 19. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2892
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII