HOUSE OF REPRESENTATIVES

H.B. NO.

734

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to bicycle Safety.

 

 

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

 


     SECTION 1.  The legislature finds that bicycling is growing in importance as a mode of transportation, and the safety of bicyclists is of significant concern.  Nationally, forty per cent of all bicyclist fatalities result from being struck by a motor vehicle from behind.  In the last five years in Hawaii, over fourteen bicyclists have been fatally struck by a motor vehicle while operating on roads.

     The legislature further finds that thirty-six states and the District of Columbia have safe passing laws, and twenty-six of those states specify that a minimum of three feet of clearance must be given by a motorist when passing a bicyclist.  Supporting the safety of bicyclists will encourage the use of bicycles as a method of transportation and is in the best interest of the State.

     The purpose of this Act is to specify that a motor vehicle shall maintain a minimum clearance of three feet from a bicycle when overtaking the bicycle.

     SECTION 2.  Section 291C-43, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291C-43[]]  Overtaking a vehicle or bicycle on the left.  The following rules shall govern the overtaking and passing of vehicles or bicycles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

     (1)  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle[.]; provided that when overtaking a bicycle, the motor vehicle shall maintain a minimum safe distance between the motor vehicle and the bicycle of at least three feet; and

     (2)  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of the driver's vehicle until completely passed by the overtaking vehicle."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



 

Report Title:

Motor Vehicles; Bicycle; Traffic Safety

 

Description:

Specifies the minimum safe distance from a bicycle that a motor vehicle must maintain when overtaking the bicycle.

 

 

 

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