STAND. COM. REP. 2786

Honolulu, Hawaii

, 2004

RE: S.B. No. 2024

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2024, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE TRAFFIC CODE,"

begs leave to report as follows:

The purpose of this measure is to enact a new penalty for drivers who violate pedestrians' rights under the statewide traffic code, and to clarify drivers' duties when pedestrians are crossing at crosswalks not having a traffic signal or an inoperable traffic signal.

This measure further provides that:

(1) Whenever any vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the adjacent lanes to the rear of the stopped vehicle may proceed no further than the front bumper of the stopped vehicle and must come to a stop;

(2) A pedestrian is prohibited from crossing outside of a marked crosswalk at an intersection, or within 200 feet of an intersection or marked crosswalk in residential areas; and

(3) A pedestrian is prohibited from crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided.

Testimony in support of this measure was received from the Department of Transportation and Honolulu Police Department.

This measure imposes a three-tier system of fines for the first, second, and third conviction within a specified time interval.

Your Committee finds that Hawaii drivers are generally in a hurry on the road, causing them to fail to yield the right of way to pedestrians. While there may be contrary attitudes as to which should have the right of way, one thing is clear: the moving vehicle is a dangerous instrument when facing a pedestrian. As such, it is incumbent upon your Committee to provide for a penalty to drivers who do not yield the right of way to pedestrians and to clarify the law on pedestrian rights when crossing.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2024, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair