HOUSE OF REPRESENTATIVES	H.B. NO.	1759
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

Relating to traffic safety.

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

     SECTION 1.  Section 291C-123, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-123  Driving or parking upon bikeway; parking penalty.  (a)  No person shall drive any vehicle other than a bicycle or moped upon a bicycle lane [or bicycle path], except upon a permanent or authorized temporary driveway, or park any vehicle upon a bicycle lane [or bicycle path; provided that].

(b)  No person shall drive any vehicle other than a bicycle or moped upon a bicycle path, except upon a permanent or authorized temporary driveway, or park any vehicle upon a bicycle path; provided that a moped driver shall be required to use a bicycle lane where available, pursuant to section 291C‑197(a).

(c)  Notwithstanding subsections (a) and (b), any vehicle may be driven or parked in a bicycle lane or bicycle path as applicable if:

     (1)  It is in the process of executing a legal turn, lane change, or parking maneuver;

     (2)  It is an authorized emergency vehicle performing the functions under section 291C-26;

     (3)  It is an official federal, state, or county vehicle in the performance of its actual duty;

     (4)  It is a stalled or broken vehicle;

     (5)  It is necessary to assist a stalled or broken vehicle;

     (6)  It is necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or

     (7)  It is otherwise provided by law.

     [(b)] (d)  Any person violating the parking [prohibition in subsection (a)] prohibition in this section shall be fined not more than $500."

     SECTION 2.  Section 291C-145, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The director of transportation by rule and the counties by ordinance may with respect to bikeways under their respective jurisdictions restrict or prohibit the use of such bikeways by mopeds[.]; provided that any such restriction or prohibition complies with the requirements of section 291C-197."

     SECTION 3.  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 bicycle lanes[.] and shall not use bicycle paths.  Signs clearly visible to an ordinarily observant person indicating the prohibition shall be placed along bicycle paths so designated and every moped driver shall obey the directions thereof."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Traffic Safety; Bicycle Path; Bicycle Lane; Moped; Maui County Council Package #1

Description:

Prohibits moped drivers from using bicycle paths where bicycle lanes are provided.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.