HOUSE OF REPRESENTATIVES	H.B. NO.	1432
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE STATEWIDE TRAFFIC CODE.

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

     SECTION 1.  Section 291C-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red, and yellow shall be used, except for special pedestrian signals carrying a word or symbol legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

     (1)  Green indication:

         (A)  Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at the place prohibits either such turn.  But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.  A turning vehicle shall yield the right-of-way to a pedestrian who enters the crosswalk proceeding with the signal, even if the pedestrian enters the crosswalk after the vehicle has begun its turn.

         (B)  Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by [such] the arrow, or such other movement as is permitted by other indications shown at the same time.  [Such] The vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

         (C)  Unless otherwise directed by a pedestrian-control signal, as provided in section 291C-33, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

     (2)  Steady yellow indication:

         (A)  Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.

         (B)  Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal as provided in section 291C-33, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

     (3)  Steady red indication:

         (A)  Vehicular traffic facing a steady red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown, except as provided in [the next succeeding paragraphs.] subparagraphs (B) to (D).

         (B)  The driver of a vehicle which is stopped in obedience to a steady red indication may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at [said] that intersection[, except that counties by ordinance may prohibit any such right turn against a steady red indication, which ordinance shall be effective when a sign is erected at such intersection giving notice thereof].  If the signal changes to green after the driver initiates the turn but before the vehicle enters the crosswalk, the driver shall yield the right-of-way to pedestrians who enter the crosswalk proceeding with the change of signal.  Counties may enact ordinances to prohibit any right turn against a steady red indication, which ordinance shall be effective when a sign is erected at the intersection giving notice thereof.

         (C)  The driver of a vehicle on a one-way street which intersects another one-way street on which traffic moves to the left shall stop in obedience to a steady red indication but may then make a left turn into [said] that one-way street, but shall yield right-of-way to pedestrians, proceeding as directed by the signal at [said] that intersection [except that counties by ordinance may prohibit any such left turn as above described which ordinance shall be effective when a sign is erected at such intersection giving notice thereof].  If the signal changes to green after the driver initiates the turn but before the vehicle enters the crosswalk, the driver shall yield the right-of-way to pedestrians who enter the crosswalk proceeding with the change of signal.  Counties may enact ordinances to prohibit any left turn against a steady red indication, which ordinance shall be effective when a sign is erected at the intersection giving notice thereof.

         (D)  Unless otherwise directed by a pedestrian-control signal as provided in section 291C-33, pedestrians facing a steady red signal alone shall not enter the roadway."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2011.

INTRODUCED BY:

_____________________________

Report Title:

Traffic Code; Pedestrians' Right-of-Way

Description:

Requires turning driver to yield right-of-way to pedestrian in a crosswalk even if the pedestrian enters the crosswalk after the vehicle begins its turn.  Effective 7/1/11.

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