HOUSE OF REPRESENTATIVES	H.B. NO.	1706
TWENTY-SEVENTH LEGISLATURE, 2014		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ILLEGAL PARKING UPON BIKEWAYS.

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

SECTION 1.  Pursuant to section 291C-123(a), Hawaii Revised Statutes, subject to enumerated exceptions, "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."  Illegal driving or more frequently, parking upon bicycle lanes and bicycle paths, is a persistent problem in the State.  While the maximum fine for a parking violation under section 291C-123(b) is $500, a minimum fine of $35 is typically imposed by ticketing officers.  This $35 minimum fine is typically paid by the offending individual via return mail and a higher fine is rarely imposed by a court of law for any repeat offenses.

As the counties move towards greater implementation of a robust network of bicycle lanes and bicycle paths, with a greater emphasis on alternative forms of travel, the current minimum fine of $35 has proven insufficient to deter motorists from obstructing bicycle lanes and bicycle paths.  Obstruction of bicycle lanes and bicycle paths by motorists is a real and present danger and poses a safety hazard to bicyclists and to neighborhoods. 

Accordingly, the purpose of this Act is to deter illegal parking upon bicycle lanes and bicycle paths by increasing the minimum fine for a violation of the offense of parking a vehicle on a bicycle lane or bicycle path.

SECTION 2.  Section 291C-123, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person violating the parking prohibition in subsection (a) shall be fined not less than $200 but not more than $500."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Parking a Vehicle on a Bicycle Lane or Pathway; Minimum Fine

Description:

Sets a minimum fine of $200 for parking a vehicle on a bicycle lane or pathway.  (HB1706 HD1)

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