Report Title:

Bicycles; Safety; Statewide Traffic Code

Description:

Creates the offense of infliction of serious physical injury or death to a vulnerable user of a public way.  Requires motor vehicles to pass bicycles on the left at a safe distance.  Prohibits motor vehicles from making a sudden right turn within 100 feet after passing a bicycle on the left.  Entitles bicycles to use an entire traffic lane.

HOUSE OF REPRESENTATIVES	H.B. NO.	1632
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to bicycling.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section in part I to be appropriately designated and to read as follows:

     "§707-  Infliction of serious physical injury or death to a vulnerable user of a public way. (1)  A person commits the offense of infliction of serious physical injury or death to a vulnerable user of a public way if the person, while operating a motor vehicle, causes serious physical injury or death to a vulnerable user of a public way while failing to yield or provide the lawful right-of-way to the vulnerable user of a public way in violation of any provision of chapter 291C.

(2)  Infliction of serious physical injury or death to a vulnerable user of a public way is a misdemeanor.

(3)  As used in this section, "vulnerable user of a public way" means:

(A) A pedestrian;

(B) Wheelchair user;

(C) Person riding an animal;

(D) Person riding a skateboard or skates;

(E) Operator of a bicycle, moped, motorcycle, or unenclosed farm equipment; or

(F) Any other person

who is not enclosed within the protective shell of a motor vehicle and is lawfully occupying a place on or beside a roadway, shoulder, crosswalk, or sidewalk."

     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:] as follows:

     (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[.];

     (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[.];

(3) The driver of a motor vehicle overtaking a person operating a bicycle moving in the same direction shall pass at a distance sufficient to prevent contact with the person operating the bicycle if the person were to fall into the driver's lane of traffic; and

(4) When a violation of this section results in a collision between a motor vehicle and the operator of a bicycle riding on the right in compliance with section 291C-145, it shall not be a defense that the operator of the bicycle was riding to the right of the overtaking motor vehicle."

     SECTION 3.  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[.]provided that a driver shall not make a sudden right turn at an intersection or driveway within one hundred feet after passing a person operating 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] the 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] that 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[.]; and

     (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 4.  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 bicycles, 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 5.  Section 291C-145, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Every person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at [such] that time shall [ride as near to the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; except under any of the following situations:

(1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices;

(2) When reasonably necessary to avoid conditions (including but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway.  For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane; or

(3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a bicycle may ride as near to the left-hand curb, on the edge of the roadway, or on the shoulder off of such roadway as practicable.]

be entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any bicycle of the full use of a lane."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

INTRODUCED BY:

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