STAND. COM. REP. NO. 1093

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 375

       H.D. 1

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committee on Transportation and International Affairs, to which was referred H.B. No. 375, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO PEDESTRIANS' RIGHT OF WAY,"

 

begs leave to report as follows:

 

     The purpose of this measure is to provide stricter penalties for violation of the law on pedestrians' right of way in crosswalks, and the law on crossing at places other than a crosswalk.

 

     Your Committee received testimony in support of this measure from the Governor, Department of Transportation, Honolulu Police Department, and AARP Hawaii.  Comments were received from the Judiciary.

 

     Act 73, Session Laws of Hawaii 2005, clarified the law on pedestrians' right of way in crosswalks by requiring the driver of a vehicle to stop and yield the right of way to a pedestrian crossing the roadway on the same half of the road as the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the road so as to be in danger.  However, your Committee finds that despite this amendment, pedestrian accidents continue to rise on Oahu.  Ten pedestrians have been killed on Oahu roads in the first ten weeks of 2007, according to a Honolulu Advertiser article of March 11, 2007.

 

     Your Committee further finds that additional statutory amendments are warranted to provide stricter penalties for drivers and pedestrians alike who violate the law.  Other measures include public education, walk signal light timing, and traffic calming devices, which your Committee encourages the Department of Transportation to undertake administratively.

 

     The intent of this measure is to reduce pedestrian accidents by providing a measure of deterrence in the form of stricter penalties.  Although your Committee realizes that even deterrence is no substitute for safe driving and pedestrian vigilance, this measure is nonetheless necessary to protect the public safety and health.

 

     Your Committee has amended this measure by:

 

     (1)  Providing specific monetary penalties for the driver, as follows:

 

          (A)  For a first infraction, a fine of $150;

 

          (B)  For a second infraction, a fine of $300, and    revocation of license and privilege to operate a vehicle for a period of ninety days; and

 

          (C)  For a third and subsequent infraction committed      within two years of the date of a second     infraction, a fine of $1,000, and revocation of    license and privilege to operate a vehicle for a period of one hundred eighty days; and

 

     (2)  Providing a flat penalty of a $100 fine for each violation by a pedestrian;

 

     (3)  Decriminalizing the proposed language by inserting the term "infraction" for the term "conviction" and making similar amendments; and

 

     (4)  Changing the effective date from January 1, 2112, to upon approval.

 

     As affirmed by the record of votes of the members of your Committee on Transportation and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 375, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 375, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Transportation and International Affairs,

 

 

 

____________________________

J. KALANI ENGLISH, Chair