THE SENATE	S.B. NO.	804
TWENTY-SEVENTH LEGISLATURE, 2013
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] operate 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] operated at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that the [driver] operator 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)  The operator of a bicycle shall provide an audible warning by bell, horn, or other sound emitting mechanism, when approaching and overtaking a pedestrian, whether from the front of or from behind the pedestrian, on a sidewalk or sidewalk area.

     [(c)] (d)  This section shall not be construed as preempting the authority of the director of [transportation's or counties' authority] transportation or the counties 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  Statutory material to be repealed is bracketed and stricken.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; Pedestrians; Warning Sound

Description:

Requires the operator of a bicycle to provide an audible warning by bell, horn, or other sound emitting mechanism when approaching and overtaking a pedestrian on a sidewalk or sidewalk area.

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