THE SENATE	S.B. NO.	2732
TWENTY-SEVENTH LEGISLATURE, 2014
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 under section 291C-3(b) is $500 for any vehicle that drives or parks on a bicycle lane or pathway that is not within one of the enumerated exceptions, the minimum fine of $35 is usually ticketed by an enforcing officer.  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 for driving or parking upon bicycle lanes and bicycle paths 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 those respective offenses.

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 $100 but not more than $500."

     SECTION 3.  New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

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

Description:

Sets a minimum fine of $100 for driving or parking a vehicle on a bicycle lane or pathway.

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