THE SENATE

S.B. NO.

106

THIRTY-THIRD LEGISLATURE, 2025

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PEDESTRIANS.

 

 

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

 

     SECTION 1.  The legislature finds that current statutes relating to pedestrians are needlessly restrictive.  Fines for pedestrians can have a disproportionate impact on people who do not drive and who primarily rely upon walking as a means of transportation.  The legislature notes that, in many situations, the perception and judgment of pedestrians can be more effective in mitigating injuries than traffic lights or street markings.  The legislature additionally finds that pedestrians should be trusted to cross the street when the absence of oncoming traffic makes it reasonably safe to cross, even if the decision to cross the street requires pedestrians to act contrary to existing traffic rules; provided that pedestrians use reasonable care in making such crossings.

     The legislature further finds that there are numerous benefits to walking, which can include greater physical longevity, lower personal expenses for transportation, and a decrease in the carbon dioxide entering the atmosphere.  Further, California, with the support of over ninety pedestrian advocacy groups, passed the Freedom to Walk Act in 2022, which substantially relaxed enforcement of pedestrian street-crossing violations and makes California's streets more walkable.

     Accordingly, the purpose of this Act is to provide pedestrians with greater freedom by:

     (1)  Allowing them to act contrary to the statewide traffic code when a reasonably careful pedestrian would consider it safe to do so if the pedestrian is more than two hundred feet from a crosswalk; and

     (2)  Requiring any driver of a vehicle to yield to a pedestrian who clearly indicates their intention to cross the roadway at a crosswalk.

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

     "§291C-    Freedom to walk; absence of an immediate danger.  (a)  Notwithstanding any law to the contrary, a pedestrian shall not be stopped by a law enforcement officer, fined, or subjected to any other penalty, for acting contrary to this chapter, unless a reasonably careful pedestrian would determine that there is an immediate danger of a collision with a moving vehicle; provided that the pedestrian is more than two hundred feet from a marked crosswalk.

     (b)  This section shall not relieve a:

     (1)  Pedestrian from the duty of using due care for their safety and the safety of others; or

     (2)  Driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within the roadway."

     SECTION 3.  Section 291C-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is [either]:

     (1)  Upon the half of the roadway upon which the vehicle is traveling; [or]

     (2)  Approaching the vehicle so closely from the opposite half of the roadway as to be in danger[,]; or

     (3)  Clearly indicating to the driver of a vehicle their intention to cross the roadway,

and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.

     For purposes of this section, "a pedestrian who is crossing the roadway within a crosswalk" occurs when any part or extension of the pedestrian, including any part of the pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or edges of the traversable roadway and moves onto the roadway within an intersection or crosswalk."

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

     SECTION 5.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Pedestrians; Safety; Street Crossing

 

Description:

Authorizes pedestrians to act contrary to the statewide traffic code when a reasonably careful pedestrian would determine that there is no immediate danger of a collision with a moving vehicle if the pedestrian is more than 200 feet from a crosswalk.  Requires a driver of a vehicle to yield to a pedestrian when the pedestrian clearly indicates their intention to cross a roadway within a crosswalk.  Effective 7/1/2050.  (SD1)

 

 

 

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