HOUSE OF REPRESENTATIVES	H.B. NO.	37
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to bicycle safety.

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

     SECTION 1.  Section 291C-148, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-148  Driving upon sidewalk.  (a)  Except as provided in subsection (b), no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or authorized temporary driveway.

     (b)  Unless otherwise prohibited, a bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that the driver of the bicycle shall yield the right-of-way to any pedestrian and that bicycle riding shall be prohibited on sidewalks in business districts.

(c)  When traveling on any sidewalk or sidewalk area, the driver of a bicycle shall provide an audible warning by bell, horn, or otherwise, when overtaking a pedestrian, whether approaching the pedestrian from in front or behind.

     [(c)] (d)  This section shall not be construed as preempting the director of transportation's or counties' authority to control parking on sidewalks under section 291C-114.  Nor shall this section be construed as prohibiting the director or a county from authorizing parking on sidewalks when the authorization is [promulgated] adopted in accordance with section 291C-114."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Bicycle Safety; Sidewalks; Overtaking Pedestrians; Warning

Description:

Requires the operator of a bicycle on any sidewalk or sidewalk area to make an audible warning when overtaking a pedestrian.

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