Report Title:

Pedestrian bill of rights

 

Description:

Replaces current laws relating to pedestrians' rights and duties with new "pedestrians' bill of rights." Requires drivers to stop for pedestrians in intersections and crosswalks. Prohibits jaywalking when a crosswalk or intersection is nearby. Provides penalties.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

414

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the traffic code.

 

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

SECTION 1. An average of two pedestrians have died each month and an average of two pedestrians have been injured in Hawaii each day for the past fourteen years after being hit by a car. This is a total of three hundred forty-five pedestrian fatalities and nine thousand four hundred sixty-four pedestrian injuries from 1986-1999.

Eighty-six per cent of the fatalities occurred while the pedestrian was trying to cross the street. Thirty-five per cent of those hit were in a crosswalk.

Thirty years ago, most of our highways were two lanes; today they’re mostly four to six lanes and it has become increasingly more difficult for pedestrians to safely cross the street.

Hawaii’s drivers are often in a hurry and do not want to yield the right-of-way to anyone, especially pedestrians. A recent survey conducted for the department of transportation shows that when a person was a pedestrian, ninety-five per cent felt drivers should stop for them when they stepped onto a crosswalk. However, when a person was the driver, ninety-five per cent felt that pedestrians should wait to cross until there were no cars.

Jaywalking is also a major contributor to pedestrian fatalities. Eighty-eight per cent of those polled in the survey, felt that jaywalking is dangerous, and sixty per cent felt there should be a state law against it.

Eighty-seven per cent of the drivers say they stop for pedestrians in crosswalks an average of fifty-nine per cent of the time. Thirty-one per cent of the pedestrians say they have either been hit or almost hit by a driver while trying to cross the street.

Hawaii’s pedestrian laws were written in 1971 and followed the model traffic code at the time. The last amendment to our pedestrian laws occurred in 1977, although just about everything else relating to our population and traffic has undergone major changes since then.

Most other states have similar pedestrian laws to Hawaii and are also experiencing increased pedestrian fatalities and injuries. Current pedestrian laws focus primarily on the responsibilities of the pedestrian, not the driver.

Everyone is a pedestrian at some time each day, walking from their home to their mode of transportation, walking from the transportation to their office or school, while shopping, banking or going for a walk.

Walking is one of the most environmentally-friendly modes of transportation that enhances both personal and social well being. The investment in automobile infrastructure has brought us to the point where travel by non-motorized means is often difficult and unsafe, and the needs of pedestrians are often ignored.

Accordingly, the purpose of this Act is to amend the law relating to pedestrians to make our streets safer by mandating drivers to:

(1) Stop for pedestrians in intersections and in crosswalks; and

(2) Prohibit pedestrians from jaywalking when a crosswalk or intersection is close by.

By doing so, the legislature establishes a pedestrian bill of rights, as follows:

(1) All pedestrians in the State of Hawaii should have the right to a safe place for walking, including the ability to safely cross streets;

(2) Pedestrians should cross streets at intersections or in marked crosswalks to enhance their safety;

(3) All crosswalks should be well maintained, without obstructions or barriers;

(4) Pedestrians should have the right-of-way in all signalized or controlled intersections, particularly over vehicles turning into a crosswalk with a green light;

(5) Drivers of vehicles should stop at least one car length from a crosswalk or pedestrian when a pedestrian is crossing the street;

(6) Drivers of all vehicles should yield the right-of-way to a pedestrian crossing the street in a crosswalk or in an intersection;

(7) When new roads are built or existing roads are improved, pedestrian facilities should be provided; and

(8) Public information programs should be conducted to educate both drivers and pedestrians about traffic safety.

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

"PART . PEDESTRIANS' BILL OF RIGHTS

"§291C- Pedestrian right-of-way in intersections and crosswalks. (a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway at an intersection or in a crosswalk. The driver shall stop at least one car length behind the crosswalk. If the pedestrian is crossing at an intersection that does not have a crosswalk, the driver shall stop at least one car length away from the pedestrian. The vehicle shall remain stopped until the pedestrian has reached the median, if one is available, or the opposite side of the roadway. The drivers of vehicles in all adjacent lanes shall also immediately stop, and remain stopped, until the pedestrian has reached the median, if one is available, or the opposite side of the roadway. All drivers traveling in the opposite direction on a roadway with a median shall immediately stop as soon as the pedestrian reaches the pedestrian's half of the roadway, and remain stopped until the pedestrian has reached the sidewalk.

(b) The provisions of this section shall not relieve a pedestrian from the duty of using due care for his or her safety.

(c) No pedestrian shall suddenly leave a curb or other place of safety and proceed into the path of a vehicle that is so close as to constitute an immediate hazard.

(d) No pedestrian shall unnecessarily stop or delay traffic while crossing an intersection or a crosswalk.

(e) No pedestrian shall cross outside of an intersection or crosswalk if the pedestrian is within two hundred feet of an intersection or crosswalk.

(f) The provisions of subsection (e) shall not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian.

(g) A person who violates a pedestrian’s right of way as described in this section shall be guilty of a traffic infraction under chapter 291D and fined:

(1) $250 for a first offense;

(2) $500 for a second offense; and

(3) $750 for a third or subsequent offense.

(h) A pedestrian who crosses a street outside of a crosswalk or intersection, when one is located within two hundred feet, in violation of subsection (e), shall be guilty of a traffic infraction under chapter 291D and fined:

(1) $250 for a first offense;

(2) $500 for a second offense; and

(3) $750 for a third or subsequent offense.

§291-C- Crossing at other than intersections and crosswalks. (a) Every pedestrian, upon a roadway at any point other than at an intersection or in a crosswalk, shall yield the right-of-way to all vehicles.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.

§291C- Pedestrian obedience to traffic-control devices and traffic regulations. (a) A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to the pedestrian, unless otherwise directed by a police officer.

(b) Pedestrians shall be subject to traffic and pedestrian-control signals as provided in sections 291C-32 and 291C-33.

§291C- Turns at intersections. When turning at intersections, whether signalized or not, drivers shall yield to pedestrians before beginning their turn.

§291C- Pedestrians on roadways. (a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway, bicycle lane, or bicycle path.

(b) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder, facing traffic which may approach from the opposite direction.

§291C- Pedestrians soliciting rides, business or attention of motorist. (a) Except as otherwise provided by county ordinance, no person shall stand in, walk along, or otherwise occupy a portion of a roadway for the purpose of soliciting a ride, employment, business, or contributions from the occupant of any vehicle.

(b) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

(c) Except as otherwise provided by county ordinance, no person shall hold or display a movable sign:

(1) Within the right-of-way boundaries of a public highway;

(2) On the sidewalk abutting a public highway; or

(3) In an area adjacent to the highway

for the purpose of carrying on political campaign activities as defined in section 19-6(7) and which seek to draw the attention of occupants of motor vehicles using the highway. A movable sign is any portable device, display, emblem, billboard, notice, picture, painting or writing, other than official signs placed or required by the state or county.

§291C- Pedestrians’ right of way on sidewalks. The driver of a vehicle emerging from or entering an alley, building, private road, or driveway shall yield the right of way to any pedestrian approaching on any sidewalk extending across the alley, building entrance, road, or driveway."

SECTION 3. Chapter 291C, part VII, Hawaii Revised Statutes, is repealed.

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

INTRODUCED BY:

_____________________________