THE SENATE

S.B. NO.

416

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CYCLE TRACKS.

 

 

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

 


SECTION 1. The purpose of this Act is to authorize the use of the State highway fund for the establishment of cycle tracks, define cycle tracks, clarify the use of cycle tracks, and prohibit the use of mopeds on bicycle lanes, cycle tracks, and bicycle paths unless otherwise allowed by rule or ordinance.

SECTION 2. Section 264-18, Hawaii Revised Statutes, is amended by amending subsections (a), (b), (c), and (d) to read as follows:

"(a) Out of the state highway fund amounts, whether state funds or federal funds, shall be expended as necessary by the State for the establishment of bikeways; provided that bikeways shall be established, whenever practicable, wherever a new or existing highway, road, or street is being designed, planned, constructed, reconstructed, relocated, or rehabilitated. At least two per cent of eligible federal funds, and in addition, other state highway fund moneys as available, shall be expended to:

(1) Establish multi-use paths, bicycle paths, cycle tracks, and bicycle lanes; and

(2) Install signage and safety devices along bikeways;

provided that the department of transportation shall include the bicycling community in a public involvement process to determine the location of multi-use paths, bicycle paths, cycle tracks, bicycle lanes, and installation of signage and safety devices along bikeways.

Planning for any mass transit system shall include appropriate accommodation for bicycle lanes, bikeways, and bicycle routes, including bicycle racks on mass transit vehicles, to enable mass transit users to connect conveniently by bicycle to transit stations and bus stops.

This subsection shall not be construed as requiring the expenditure of a county surcharge on state tax under section 46‑16.8, on bicycle paths if the application of this subsection conflicts with section 46-16.8.

(b) Bikeways are not required to be established under subsection (a):

(1) Where the establishment of the lanes, paths, routes, [and] ways, and cycle tracks would be contrary to public safety; or

(2) If the cost of establishing the lanes, paths, routes, [and] ways, and cycle tracks would be excessively disproportionate to the need or probable use; or

(3) Where low population density, other available ways, or other factors indicate an absence of any need for the lanes, paths, routes, [and] ways[;], and cycle tracks;

provided that the department of transportation shall involve representatives of the bicycling community, such as the Hawaii Bicycling League, Kauai PATH, Maui Bicycling Alliance, PATH (Big Island), and others in making a determination under paragraphs (1), (2), and (3); provided further that any decision under this subsection shall be documented, including but not limited to, the factors considered in making a decision; and provided further that the department of transportation shall have the burden of persuasion under paragraphs (2) and (3).

(c) The department of transportation, when requested, shall provide technical assistance and advice to counties in carrying out the purpose of this section. The department of transportation shall recommend construction standards for bikeways. The department of transportation, in the manner prescribed for marking highways under section 264-25, shall provide a uniform system of marking and signing such lanes, paths, routes, and ways which shall apply to lanes, paths, routes, [and] ways, and cycle tracks under the jurisdiction of the department of transportation and the counties. Notwithstanding any provision to the contrary, the department of transportation and the counties may restrict or authorize by rule or the adoption of an ordinance, as applicable and as is necessary, the use of the lanes, paths, routes, [and] ways, and cycle tracks to pedestrians and non-motorized vehicles.

(d) As used in this section, the terms "bikeway", "bicycle path", [and] "bicycle lane", and "cycle track" shall have the same meaning as in section 291C-1."

SECTION 3. Section 291-1, Hawaii Revised Statutes, is amended by amending the definition of "public street, road, or highway" to read as follows:

""Public street, road, or highway" includes the entire width, including berm or shoulder, of every road, alley, street, way, lane, trail, highway, bikeway, bridge, when any part thereof is open for use by the public, including any bicycle lane, bicycle path, cycle track, bikeway, controlled-access highway, laned roadway, roadway, or street, as defined in section 291C-1, and any public highway, as defined in section 264-1."

SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Cycle track" means that portion of any highway set aside for the exclusive use of bicycles and physically separated from motor vehicles. Cycle tracks may be designated as one-way or two-way."

2. By amending the definition of "bikeway" to read:

""Bikeway" means a bicycle lane, cycle track, bicycle path, or bicycle route[, or any traffic control device, shelter, parking facility, or other support facility to serve bicycles and persons using bicycles]."

SECTION 5. Section 291C-64, Hawaii Revised Statutes, is amended to read as follows:

"291C-64 Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway (including bicycle lane, cycle track, or bicycle path) from an alley, building, private road, or driveway or from any public or private property other than a highway that is adjacent to the highway, shall yield the right-of-way to all vehicles or bicycles approaching on the highway (including bicycle lane, cycle track, or bicycle path) to be entered."

SECTION 6. Section 291C-76, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway, bicycle lane, cycle track, or bicycle path[.], except for the purpose of crossing a bikeway."

SECTION 7. Section 291C-94, Hawaii Revised Statutes, is amended to read as follows:

"291C-94 Emerging from alley, driveway, or building. The driver of a vehicle emerging from an alley, building, private road, or driveway or from any public or private property other than a highway that is adjacent to a bicycle lane, cycle track, bicycle path, sidewalk, or sidewalk area shall stop the vehicle immediately prior to driving onto the bicycle lane, cycle track, bicycle path, sidewalk, or sidewalk area extending across the alley, building entrance, road, or driveway, or [such] the public or private property, or in the event there is no bikeway or sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon."

SECTION 8. Section 291C-101, Hawaii Revised Statutes, is amended to read as follows:

"291C-101 Basic rule. No person shall drive a vehicle at a speed greater than is reasonable and prudent and having regard to the actual and potential hazards and conditions then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, when crossing a bikeway, and when special hazards exist with respect to pedestrians or other traffic, or by reason of weather or highway conditions."

SECTION 9. Section 291C-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall drive any vehicle other than a bicycle [or moped] upon a bicycle lane, cycle track, or bicycle path, except upon a permanent or authorized temporary driveway[, or]. No person shall park any vehicle upon a bicycle lane, cycle track, or bicycle path; provided that any vehicle may be driven or parked in a bicycle lane, cycle track, or bicycle path as applicable if:

(1) It is in the process of executing a legal turn, lane change, or parking maneuver;

(2) It is an authorized emergency vehicle performing the functions under section 291C-26;

(3) It is an official federal, state, or county vehicle in the performance of its actual duty;

(4) It is a stalled or broken vehicle;

(5) It is necessary to assist a stalled or broken vehicle;

(6) It is necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or

(7) It is otherwise provided by law."

SECTION 10. Section 291C-141, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any [bicycle path] bikeway set aside for the preferential or exclusive use of bicycles subject to those exceptions stated herein."

SECTION 11. Section 291C-145, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) through (e) to read:

"(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] the 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, 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[.]; or

(4) When riding in a two-way cycle track.

(b) Persons riding 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, and cycle tracks shall be permitted when [such] the bicycle lane [or], bicycle path, or cycle track 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) Whenever a usable bicycle lane or cycle track 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 bicycle lane[,] or cycle track, except that such person may move out of the bicycle lane or cycle track under any of the following situations:

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

(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 or cycle track to avoid debris or other hazardous conditions.

(d) No person operating a bicycle shall leave a bicycle lane or cycle track 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) No person shall operate or ride a bicycle within a bicycle lane or cycle track in any direction except that permitted of vehicular traffic traveling on the same side of the highway[.], unless operating in a two-way cycle track. Upon all cycle tracks and 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."

2. By amending subsection (g) to read:

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

SECTION 12. Section 291C-196, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every person driving a moped, except a three-wheeled moped, upon a roadway at a speed less than the normal speed of traffic moving in the same direction at [such] the time shall ride as near to the right side of the roadway as practicable, without entering into a bicycle lane, cycle track, or bicycle path, 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 or edge; and

(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 moped may ride as near to the left-hand side of the roadway as practicable."

SECTION 13. Section 291C-197, Hawaii Revised Statutes, is amended to read as follows:

"291C-197 Driving mopeds on bicycle lanes, cycle tracks, and bicycle paths. (a) [Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes.] Unless authorized by rule or ordinance pursuant to subsection (b), no person shall drive a moped on any bicycle lane, cycle track, or bicycle path.

(b) The director of transportation by rule and the counties by ordinance may with respect to bicycle lanes, cycle tracks, and bicycle paths under their respective jurisdictions [restrict or prohibit] authorize the use of [such] bicycle lanes, cycle tracks, and bicycle paths by mopeds. Signs clearly visible to an ordinarily observant person indicating the [restriction or prohibition] authorization shall be placed along bicycle lanes, cycle tracks, and bicycle paths so designated and every moped driver shall obey the directions thereof.

[(c) This section shall not apply to a three-wheeled moped.]"

SECTION 14. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect upon its approval.


 


 

Report Title:

Bicycle; Cycle Tracks; Highway Fund

 

Description:

Authorizes the use of the state highway fund for the establishment of cycle tracks. Defines the term "cycle track" and clarifies the permitted uses of a cycle track. Authorizes pedestrians, non-motorized vehicles, and mopeds to use bicycle lanes, cycle tracks, and bicycle paths if adopted by rule or ordinance. (SD1)

 

 

 

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