HB2084 HD1

Report Title:

Pedestrian Bill of Rights

 

Description:

Establishes a "pedestrian" bill of rights. Requires drivers to yield for pedestrians in intersections and crosswalks. Prohibits jaywalking when a crosswalk or intersection is close by. Provides penalties. (HB2084 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2084
TWENTY-FIRST LEGISLATURE, 2002		H.D. 1
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. For the past fourteen years, an average of two pedestrians have died each month, and an average of two pedestrians have been injured each day, after being hit by a car in Hawaii. This amounts to 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 had two lanes. Today most highways have 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) Yield to pedestrians in intersections and in crosswalks; and

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

By doing so, this Act 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) Pedestrians should have the right-of-way in all signalized or controlled intersections, particularly over vehicles turning into a crosswalk with a green light; and

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

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-A 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. If the pedestrian is crossing at an intersection that does not have a crosswalk, the driver shall yield the right-of-way to the pedestrian. The drivers of vehicles in all adjacent lanes shall also yield the right-of-way to the pedestrian. All drivers traveling in the opposite direction on a roadway with a median shall immediately yield the right-of-way to the pedestrian as soon as the pedestrian reaches the driver's half of the roadway.

As used in this subsection, "yield" means slowing or stopping as required to avoid injury or damage.

(b) This section shall not relieve a pedestrian from the duty of using due care for the pedestrian's own 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 an intersection or crosswalk, except in a residential area where the nearest intersection or crosswalk is more than two hundred feet away.

(f) 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 violating the statewide traffic code and subject to the penalties prescribed under section 291C-161(c).

(h) A pedestrian who crosses a street outside a crosswalk or intersection, when one is located within two hundred feet, in violation of subsection (e), shall be guilty of violating the statewide traffic code and subject to the penalties prescribed under section 291C-161(c).

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

§291C-E 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, when practicable, shall walk only on the left side of the roadway or its shoulder, facing traffic that may approach from the opposite direction.

§291C-F 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. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Every person who violates section 291C-13 [or],

291C-18, or part shall:

(1) Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof;

(2) Be fined not more than $300 or imprisoned not more than twenty days or both 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 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense."

SECTION 4. Chapter 291C, part VII, Hawaii Revised Statutes, is repealed.

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.