Report Title:

Pedestrian Safety; Pedestrian Procedures; Vehicle Operator Procedures; Penalties

Description:

Amends traffic code to increase pedestrian safety. Increases penalties for failure to comply with pedestrian safety laws. (SB2024 HD1)

 

THE SENATE

S.B. NO.

2024

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

RELATING TO THE TRAFFIC CODE.

 

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

SECTION 1. Over the past fourteen years, an average of two pedestrians a day have died or been injured in Hawaii as a result of motor vehicle collisions. From 1986 through 1999, there were a total of three hundred forty-five pedestrian fatalities and nine thousand four hundred sixty-four pedestrian injuries.

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

Many of Hawaii's drivers are in a hurry because of our fast-paced society and frequently do not yield the right-of-way to pedestrians. In a recent survey conducted by the department of transportation, ninety-five per cent of pedestrians indicated that they felt that drivers should stop while they were in a crosswalk. On the other hand, ninety-five per cent of drivers surveyed felt that pedestrians should wait until there were no cars approaching before entering a crosswalk.

Jaywalking is another major contributor to pedestrian fatalities. Eighty-eight per cent of those polled feel that jaywalking is dangerous, and sixty per cent feel that there should be a state law against jaywalking.

Eighty-seven per cent of the drivers polled said that they stop for pedestrians in crosswalks fifty-nine per cent of the time. Thirty-one per cent of pedestrians said they had either been hit or nearly hit by a driver while trying to cross the street.

Everyone is a pedestrian at some point of each day, walking from home to a means of transportation, then to the office or school, or while shopping, banking, or going for a walk. It is one of the friendliest modes of transportation, which enhances both personal and social well-being.

The legislature finds that the number of pedestrian fatalities and injuries is unacceptable and that additional laws governing both pedestrians and drivers are needed to reduce the number of injuries and fatalities occurring on our streets.

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-   Penalties. Any person who violates any section of this part shall:

(1) Be fined not more than $200 for the first conviction thereof;

(2) Be fined not more than $300 for conviction of a second offense committed within one year after the date of the first offense; and

(3) Be fined not more than $500 for conviction of a third or subsequent offense committed within one year after the date of the first offense."

SECTION 3. Section 291C-72, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) and (b) to read:

"(a) When traffic-control signals are not in place or not in operation, the driver of a vehicle shall [yield the right of way, slowing down or stopping if need be to so yield, to] stop for a pedestrian crossing the roadway within a crosswalk or intersection when [the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.]:

(1) The pedestrian is upon the half of the roadway upon which the vehicle is traveling; or

(2) The pedestrian is upon half of the roadway and is approaching the other half of the roadway upon which a vehicle is approaching so closely as to endanger the pedestrian.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is [impossible] impracticable for the driver of the vehicle to [yield.] stop."

2. By amending subsection (d) to read:

"(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching [from]:

(1) From adjacent lanes to the rear of the stopped vehicle, shall [not overtake and pass such stopped vehicle.] proceed no further than the front of the stopped vehicle and come to a stop; or

(2) Directly in the same lane to the rear of the stopped vehicle yielding to a crossing pedestrian shall not overtake the vehicle stopped for the pedestrian."

SECTION 4. Section 291C-73, Hawaii Revised Statutes, is amended by amending subsections (a), (b),and (c) to read as follows:

"(a) [Every] No pedestrian [crossing] shall cross a roadway at any point other than within a marked crosswalk [or], within an unmarked crosswalk at an intersection [shall yield the right of way to all vehicles upon the roadway.], or within two hundred feet of an intersection or marked crosswalk in residential areas.

(b) [Any] No pedestrian [crossing] shall cross a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided [shall yield the right of way to all vehicles upon the roadway].

(c) [Between] No pedestrian shall cross between adjacent intersections at which traffic-control signals are in operation [pedestrians shall not cross at any place] except in a marked crosswalk."

SECTION 5. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Except as provided in subsection (c) and section 291C- , every person who violates any provision of this chapter for which another penalty is not provided shall be fined:

(1) Not more than $200 for a first conviction thereof;

(2) Not more than $300 for conviction of a second offense committed within one year after the date of the first offense; and

(3) Not more than $500 for conviction of a third or subsequent offense committed within one year after the date of the first offense;

provided that upon a conviction for a violation of section 291C-12, 291C-12.5, 291C-12.6, or 291C-95, the person shall be sentenced in accordance with that section."

SECTION 6. Section 291C-75, Hawaii Revised Statutes, is repealed.

["[§291C-75] Pedestrians to use right half of crosswalks. Pedestrians shall move, whenever practicable, upon the right half of crosswalks."]

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.