09-12-2016, 05:34 PM
Joe, we can but do we want to ?
Safe Passing Laws
Hawaii does not have a law that sets a specific distance for a motor vehicle overtaking a bicycle. The overtaking of a bicycle by a motor vehicle, or vice versa, is governed by general traffic laws and, in most circumstances, such overtaking must be done to the left at a safe distance.
Source: Haw. Rev. Stat. §291C-43
Helmet Law
Hawaii requires that any person under the age of 16 who operates a bicycle must wear a protective bicycle helmet. The helmet requirement also apply to any person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle.
Hawaii does not have a law prohibiting the failure to wear a helmet from being used against a bicyclist injured in a traffic accident. However, at least one court case has found the nonuse of a helmet not admissible.
Source: Haw. Rev. Stat. §291C-150; 74 H. 308, 844 P.2d 670
Share the Road license plates
Hawaii does not offer Share the Road license plates at this time.
Source: N/A
Vulnerable Road User Laws
Hawaii defines a “vulnerable user” as:
»A pedestrian legally within a street or public highway;
»A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to: »Construction and maintenance workers; and
»Police, fire, and other emergency responders; or
»A person legally operating any of the following within the street or public highway: »A bicycle;
»A moped;
»An electric personal assistive mobility device; or
»A wheelchair conveyance or other personal mobility device.
Hawaii protects vulnerable users by providing a statutory basis for tougher prosecution when a vulnerable road user has been substantially injured or killed due to negligence.
»A person who causes substantial bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner may be charged with negligent injury in the first degree, a class C felony;
»A person who caused the death of a vulnerable user by the operation of a vehicle in a manner that constitutes simple negligence may be charged with negligent homicide in the second degree, a class C felony; and
»A person who caused the death of a vulnerable user by the operation of a vehicle in a negligent manner may be charged with negligent homicide in the first degree, a class B felony.
Source: Haw. Rev. Stat. §§707-700; 707-702.5; 707-703; 707-704; 707-705
Distracted Driving Laws
Hawaii currently has no laws to prevent or punish distracted driving.
Source: N/A
Where to Ride
Hawaii requires that every bicyclist, traveling at a speed less than the speed of traffic, must 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:
»When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices;
»When reasonably necessary to avoid unsafe conditions including those caused by a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane; or
»When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, in which case a bicyclist may ride as near to the left-hand curb, on the edge of the roadway, or on the shoulder off of such roadway as practicable.
Source: Haw. Rev. Stat. §291C-145
Sidewalk Riding
Hawaii provides that unless otherwise prohibited, a bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that the driver of the bicycle shall yield the right-of-way to any pedestrian and that bicycle riding shall be prohibited on sidewalks in business districts.
No person shall ride a bicycle equipped with a motor on any sidewalk.
Source: Haw. Rev. Stat. §§291C-148; 291C-145(g)
Mandatory Use of Separated Facilities
Hawaii requires that whenever a usable bicycle lane 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, except that such person may move out of the lane under any of the following situations:
»When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane;
»When preparing for a left turn at an intersection or into a private road or driveway; or
»When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
Source: Haw. Rev. Stat. §291C-145©
Bicycling Under the Influence
In Hawaii, bicycles are defined as vehicles. Hawaii's law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to all vehicles and therefore applies to bicyclists. Bicycles should not be operated while intoxicated and operating a bicycle while under the influence of alcohol or other controlled substances may result in severe punishments.
Source: Haw. Rev. Stat. §291E-61
"Idaho Stop" and Vehicle Detection Errors
Hawaii does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists.
Source: N/A
Authorization for Local Regulation of bicycles
Hawaii provides that its state traffic laws shall not be deemed to prevent counties with respect to streets and highways under their jurisdiction from regulating the operation and equipment of and requiring the registration and inspection of bicycles, including the requirement of a registration fee.
Source: Haw. Rev. Stat. §291C-163
Dooring law
Hawaii requires that no person open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with, or causing immediate hazard to the movement of other traffic. In addition, no person shall leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Source: Haw. Rev. Stat. §291C-0125
Treatment as a Vehicle
In Hawaii bicycles are vehicles according to the statute that defines vehicles and a person riding a bicycle has all of the rights and duties of the driver of a vehicle as provided in Chapter 291C of the Hawaii Revised Statutes, except as to those provisions which by their nature can have no application.
Source: Haw. Rev. Stat. §§291C-1; 291C-142
Source of Laws
The laws regulating the operation of bicycles in the state of Hawaii are generally found in the Hawaii Revised Statutes (Haw. Rev. Stat.), available here http://www.capitol.hawaii.gov/.
Safe Passing Laws
Hawaii does not have a law that sets a specific distance for a motor vehicle overtaking a bicycle. The overtaking of a bicycle by a motor vehicle, or vice versa, is governed by general traffic laws and, in most circumstances, such overtaking must be done to the left at a safe distance.
Source: Haw. Rev. Stat. §291C-43
Helmet Law
Hawaii requires that any person under the age of 16 who operates a bicycle must wear a protective bicycle helmet. The helmet requirement also apply to any person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle.
Hawaii does not have a law prohibiting the failure to wear a helmet from being used against a bicyclist injured in a traffic accident. However, at least one court case has found the nonuse of a helmet not admissible.
Source: Haw. Rev. Stat. §291C-150; 74 H. 308, 844 P.2d 670
Share the Road license plates
Hawaii does not offer Share the Road license plates at this time.
Source: N/A
Vulnerable Road User Laws
Hawaii defines a “vulnerable user” as:
»A pedestrian legally within a street or public highway;
»A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to: »Construction and maintenance workers; and
»Police, fire, and other emergency responders; or
»A person legally operating any of the following within the street or public highway: »A bicycle;
»A moped;
»An electric personal assistive mobility device; or
»A wheelchair conveyance or other personal mobility device.
Hawaii protects vulnerable users by providing a statutory basis for tougher prosecution when a vulnerable road user has been substantially injured or killed due to negligence.
»A person who causes substantial bodily injury to a vulnerable user by the operation of a vehicle in a negligent manner may be charged with negligent injury in the first degree, a class C felony;
»A person who caused the death of a vulnerable user by the operation of a vehicle in a manner that constitutes simple negligence may be charged with negligent homicide in the second degree, a class C felony; and
»A person who caused the death of a vulnerable user by the operation of a vehicle in a negligent manner may be charged with negligent homicide in the first degree, a class B felony.
Source: Haw. Rev. Stat. §§707-700; 707-702.5; 707-703; 707-704; 707-705
Distracted Driving Laws
Hawaii currently has no laws to prevent or punish distracted driving.
Source: N/A
Where to Ride
Hawaii requires that every bicyclist, traveling at a speed less than the speed of traffic, must 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:
»When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices;
»When reasonably necessary to avoid unsafe conditions including those caused by a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane; or
»When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, in which case a bicyclist may ride as near to the left-hand curb, on the edge of the roadway, or on the shoulder off of such roadway as practicable.
Source: Haw. Rev. Stat. §291C-145
Sidewalk Riding
Hawaii provides that unless otherwise prohibited, a bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that the driver of the bicycle shall yield the right-of-way to any pedestrian and that bicycle riding shall be prohibited on sidewalks in business districts.
No person shall ride a bicycle equipped with a motor on any sidewalk.
Source: Haw. Rev. Stat. §§291C-148; 291C-145(g)
Mandatory Use of Separated Facilities
Hawaii requires that whenever a usable bicycle lane 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, except that such person may move out of the lane under any of the following situations:
»When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane;
»When preparing for a left turn at an intersection or into a private road or driveway; or
»When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
Source: Haw. Rev. Stat. §291C-145©
Bicycling Under the Influence
In Hawaii, bicycles are defined as vehicles. Hawaii's law prohibiting driving while under the influence of alcohol or other controlled substances is written so that it applies to all vehicles and therefore applies to bicyclists. Bicycles should not be operated while intoxicated and operating a bicycle while under the influence of alcohol or other controlled substances may result in severe punishments.
Source: Haw. Rev. Stat. §291E-61
"Idaho Stop" and Vehicle Detection Errors
Hawaii does not provide any modifications to the requirement to come to a complete stop when directed to stop by traffic control devices and does not authorize bicyclists to disobey traffic lights that fail to detect bicyclists.
Source: N/A
Authorization for Local Regulation of bicycles
Hawaii provides that its state traffic laws shall not be deemed to prevent counties with respect to streets and highways under their jurisdiction from regulating the operation and equipment of and requiring the registration and inspection of bicycles, including the requirement of a registration fee.
Source: Haw. Rev. Stat. §291C-163
Dooring law
Hawaii requires that no person open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with, or causing immediate hazard to the movement of other traffic. In addition, no person shall leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Source: Haw. Rev. Stat. §291C-0125
Treatment as a Vehicle
In Hawaii bicycles are vehicles according to the statute that defines vehicles and a person riding a bicycle has all of the rights and duties of the driver of a vehicle as provided in Chapter 291C of the Hawaii Revised Statutes, except as to those provisions which by their nature can have no application.
Source: Haw. Rev. Stat. §§291C-1; 291C-142
Source of Laws
The laws regulating the operation of bicycles in the state of Hawaii are generally found in the Hawaii Revised Statutes (Haw. Rev. Stat.), available here http://www.capitol.hawaii.gov/.