HB1319 HD2

SECTION 1. The legislature finds that some traffic signals controlled by vehicle detection devices are not able to detect bicycles, motorcycles, or mopeds due to their size and weight. This situation can create a dangerous environment for operators of bicycles, motorcycles, and mopeds, who are forced to either disregard the signal altogether or wait for another motor vehicle to trigger the traffic signal.

The legislature further finds that several states have already passed varying "dead red" laws, which allow operators of bicycles, motorcycles, and mopeds to proceed through a red traffic signal if they fail to trigger the traffic signal sensor.

The purpose of this Act is to allow operators of bicycles, motorcycles, and mopeds to proceed through an intersection on a steady red signal during certain hours if the traffic signal is controlled by a vehicle detection device that is inoperative due to the size or composition of the bicycle, motorcycle, or moped.

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

"§291C- Bicycle at intersection with inoperative vehicle detection device. Notwithstanding any law to the contrary, any person operating a bicycle between the hours of 11:00 p.m. and 5:00 a.m. may proceed directly through an intersection on a steady red signal; provided that:

(1) The intersection, including a left turn only lane, is controlled by traffic-control signals programmed to change to a green signal after a vehicle detection device recognizes the approaching vehicle, and the vehicle detection device does not recognize the arrival of the bicycle;

(2) The operator of the bicycle comes to a full and complete stop at the intersection and waits over a vehicle loop detector when visible in the pavement;

(3) The traffic-control signal, including the left turn only signal, as appropriate, does not change to a green signal after either the completion of one traffic signal cycle or the time it would take for the completion of one traffic signal cycle;

(4) No contraflow lane is in operation or being set up; and

(5) The operator of the bicycle exercises due care and proceeds with caution through the intersection, yielding the right-of-way to any vehicle that has entered the intersection from another highway or is approaching so closely on the other highway as to constitute an immediate hazard during the time when the bicycle operator is moving across or within the intersection."

SECTION 3. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XIV to be appropriately designated and to read as follows:

"§291C- Motorcycle at intersection with inoperative vehicle detection device. Notwithstanding any law to the contrary, any person operating a motorcycle between the hours of 11:00 p.m. and 5:00 a.m. may proceed directly through an intersection on a steady red signal; provided that:

(2) The operator of the motorcycle comes to a full and complete stop at the intersection and waits over a vehicle loop detector when visible in the pavement;

(4) No contraflow lane is in operation or being set up; and

(5) The operator of the motorcycle exercises due care and proceeds with caution through the intersection, yielding the right-of-way to any vehicle that has entered the intersection from another highway or is approaching so closely on the other highway as to constitute an immediate hazard during the time when the motorcycle operator is moving across or within the intersection."

SECTION 4. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XVI to be appropriately designated and to read as follows:

"§291C- Moped at intersection with inoperative vehicle detection device. Notwithstanding any law to the contrary, any person operating a moped between the hours of 11:00 p.m. and 5:00 a.m. may proceed directly through an intersection on a steady red signal; provided that:

(2) The operator of the moped comes to a full and complete stop at the intersection and waits over a vehicle loop detector when visible in the pavement;

(4) No contraflow lane is in operation or being set up; and

(5) The operator of the moped exercises due care and proceeds with caution through the intersection, yielding the right-of-way to any vehicle that has entered the intersection from another highway or is approaching so closely on the other highway as to constitute an immediate hazard during the time when the moped operator is moving across or within the intersection."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on June 30, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1319
THIRTY-SECOND LEGISLATURE, 2023		H.D. 2
STATE OF HAWAII