Report Title:

Traffic Offenses; Pedestrian in Crosswalks

Description:

Repeals the penalties provided in sections 291C-13 and 291C-18, HRS, for violation of those sections because penalties are already provided under section 291C-161, HRS. Clarifies that the driver of vehicle approaching a marked crosswalk shall stop and yield the right of way to allow pedestrians to cross, regardless of whether traffic-control signals are in place or in operation. (HB438 CD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

438

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

S.D. 2

 

C.D. 1


A BILL FOR AN ACT

 

RELATING TO TRAFFIC OFFENSES.

 

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

SECTION 1. Section 291C-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-13[]] Accidents involving damage to vehicle or property. The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property [which] that is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or as close thereto as possible, but shall forthwith return to, and in every event shall remain at, the scene of the accident until the driver has fulfilled the requirements of section 291C-14. Every such stop shall be made without obstructing traffic more than is necessary. [Any person failing to stop or to comply with the requirements of this section under such circumstances shall be fined not more than $100 or imprisoned not more than ten days for a first conviction; fined not more than $200 or imprisoned not more than twenty days, or both, for a second conviction within one year of a first conviction; and fined not more than $500 or imprisoned not more than six months, or both, for a third conviction within one year of a first conviction]."

SECTION 2. Section 291C-18, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-18[]] False reports. [Any] No person [who gives] shall give information in oral or written reports as required in this part or in chapter 287 knowing or having reason to believe that such information is false [shall be fined not more than $1,000 or imprisoned not more than one year, or both].

SECTION 3. Section 291C-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [When traffic-control signals are not in place or not in operation the] The driver of a vehicle shall stop and yield the right of way, [slowing down or stopping if need be to so yield,] to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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.