THE SENATE

S.B. NO.

581

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRAFFIC.

 

 

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

 


SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by amending the title of Part VIII to read as follows:

"PART VIII. TURNING [AND STARTING], STARTING, AND PROCEEDING AND SIGNALS ON STOPPING [AND TURNING], TURNING, AND BICYCLE PROCEEDING"

SECTION 2. Section 291C-81, Hawaii Revised Statutes, is amended to read as follows:

"291C-81 Required position and method of turning at intersections[.]; bicycle proceeding through intersections. (a) The driver of a vehicle intending to turn at an intersection shall do so as follows:

(1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(2) Left turns. The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of [such] the vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in [such] the direction upon the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(b) Any person operating a bicycle proceeding in a right turn only lane may continue proceeding through an intersection in the direction of travel if the operator cannot with reasonable safety merge left into the traffic lane prior to the intersection; provided that the operator shall make a signal of intention to turn left, which in this circumstance shall indicate the intention to merge left into the traffic lane as soon as practicable and continue proceeding in the traffic lane.

[(3)] (c) The director of transportation and the counties in their respective jurisdictions may cause official traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when such devices are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by [such] the devices."

SECTION 3. Section 291C-84, Hawaii Revised Statutes, is amended to read as follows:

"291C-84 Turning and bicycle proceeding movements and required signals. (a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 291C-81, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until [such] the movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner [hereinafter] provided[.] by this section.

(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning; provided that for a bicycle or moped, [such] the signal shall be given continuously during not less than the last one hundred feet traveled by the bicycle or moped before turning, and shall be given when the bicycle or moped is stopped waiting to turn; [and further] provided further that a signal by hand and arm need not be given continuously by the driver of a bicycle or moped if the hand is needed in the braking, control, or operation of the bicycle or moped.

(c) Any person operating a bicycle proceeding in a right turn only lane may continue proceeding through an intersection in the direction of travel if the person cannot with reasonable safety merge left into the traffic lane prior to the intersection; provided that the person shall make a signal of intention to turn left, which in this circumstance shall indicate the intention to merge left into the traffic lane as soon as practicable and continue proceeding in the traffic lane.

[(c)] (d) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided [herein] by this section to the driver of any vehicle immediately to the rear when there is opportunity to give [such] a signal.

[(d)] (e) The signals provided for in section 291C-85(b) shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear."

SECTION 4. Section 291C-145, Hawaii Revised Statutes, is amended to read as follows:

"291C-145 Riding on roadways and bikeways. (a) Every person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction [at such time] shall ride as near to the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; except under any of the following situations:

(1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices;

(2) When reasonably necessary to avoid conditions (including but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway. For purposes of this [section,] paragraph, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane; or

(3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a bicycle may ride as near to the left-hand curb, on the edge of the roadway, or on the shoulder off of [such] the roadway as practicable.

(b) When approaching an intersection where there is a right turn only lane, a person operating a bicycle may proceed in the right turn only lane even if the person does not intend to turn right; provided that the person shall not pass a vehicle that is stopped in the right turn only lane; provided further that the person shall comply with section 291C-84(c).

[(b)] (c) Persons [riding] operating bicycles upon a roadway shall ride in single file; provided that where the flow of traffic is unimpeded, riding two abreast upon bicycle lanes and bicycle paths shall be permitted when [such] the lane or path is of sufficient width to allow riding two abreast unless otherwise prohibited by rule or ordinance adopted by the director of transportation or by the counties.

[(c)] (d) Whenever a usable bicycle lane has been provided on a highway, any person operating a bicycle at a speed less than the normal speed of traffic moving in the same direction [at such time] shall ride within [such] the bicycle lane, except that [such] the person may move out of the lane under any of the following situations:

(1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if [such] overtaking and passing cannot be done safely within the lane;

(2) When preparing for a left turn at an intersection or into a private road or driveway; or

(3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

[(d)] (e) No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the event that any vehicle may be affected by the movement.

[(e)] (f) No person shall operate or ride a bicycle within a bicycle lane in any direction except that permitted of vehicular traffic traveling on the same side of the highway. Upon all bicycle paths of sufficient width and providing for two-way movement of bicycle traffic, bicycles proceeding in opposite directions shall pass each other to the right.

[(f)] (g) The director of transportation by rule and the counties by ordinance may with respect to bikeways under their respective jurisdictions restrict or prohibit the use of [such] bikeways by mopeds.

[(g)] (h) No person shall ride a bicycle equipped with a motor on any sidewalk. The counties may, by ordinance, post bicycle lanes and bicycle paths to prevent persons riding a bicycle equipped with a motor from using them."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Bicycles; Traffic Safety; Right Turn Only Lanes

 

Description:

Permits a bicyclist to proceed through an intersection from a right turn only lane if they cannot safely merge into the traffic lane, provided they signal intention to merge left. Permits a bicyclist to proceed in a right turn only lane when approaching an intersection, even if they do not intend to turn right, provided that they do not pass a stopped vehicle and that they exercise reasonable safety when passing a moving vehicle.

 

 

 

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