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Kokua Line June Watanabe |
Pedestrians also have duty
to be cautious on the roadQuestion: I just returned from Nova Scotia and Vancouver, B.C., where I observed that motorists are courteous to pedestrians. As soon as you are waiting at a crosswalk, cars stop. At midblock crossings, they have an amber light. You press a button to cross and all the cars stop. In Honolulu, we don't have that kind of courtesy. Motorists tend to just drive through crosswalks, not paying attention to pedestrians. What are the rights of pedestrians?
Answer: You may be surprised to learn that it's not so much about the rights of pedestrians as it is about their responsibilities and their need to be cautious.
For example, it can be dangerous for a motorist, especially on a multilane roadway, to stop to allow a pedestrian to cross instead of having him or her wait for a break in traffic, unless that person is already in the roadway, said Capt. Jose Gaytan of the Honolulu Police Department's Traffic Division.
"We have had several fatalities" in that kind of situation, in which one car stops, the pedestrian proceeds to cross, then is hit by another vehicle, he said.
That's even though the law (Hawaii Revised Statutes, 291C-72(d)) does say, "Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."
Gaytan advises pedestrians to proceed only with caution, "peeking" around the first vehicle to make sure that approaching vehicles are aware of them trying to cross the street.
Meanwhile, he emphasized that pedestrians have the right of way at a crosswalk where there are no traffic control signals, but only if the pedestrian is already in the roadway.
Under HRS 291C-72, "When traffic-control signals are not in place or not in operation, the driver of a vehicle shall 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."
It might seem to be simple common sense, but that section of the law goes on to say, "No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield."
If they are not in a marked crosswalk or within an unmarked crosswalk at an intersection, pedestrians are supposed to yield the right of way to all vehicles (HRS 291C-73).
Gaytan also noted that pedestrians "should obey all traffic control and traffic regulations" (HRS 291C-71), which means, among other things, not jaywalking or crossing against signals.
Meanwhile, an entire section of the Honolulu Traffic Code (Chapter 15 of the Revised Ordinances of Honolulu) is devoted to "Pedestrians' Rights and Duties."
The section starts out by listing the restrictions on pedestrians, including prohibiting them from entering "any marked or unmarked crosswalk or part thereof when vehicular traffic is so close thereto as to constitute an immediate hazard, nor shall any pedestrian enter any unmarked crosswalk where traffic signs forbid such entry."
Also, the law forbids pedestrians from crossing "any roadway within any business district except within a marked or unmarked crosswalk, nor any roadway in any residence district within 200 feet of any intersection except within a marked or unmarked crosswalk at such intersection."
As for warning lights at mid-block crosswalks, Section 15-6.4 of the Revised Ordinances says only, "Whenever distinctive amber-colored lamps are placed at mid-block crosswalks, they shall require vehicle drivers to exercise caution when approaching such crosswalk."
State and city laws touch on many other aspects of pedestrian traffic.
For example, state law calls on pedestrians to walk on the right half of crosswalks "whenever practicable," and when there are no sidewalks and someone has to walk along the roadway, they "shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction."
Q: My parents live in Kalihi Valley. On Kalihi Street, above the 2700 block into the valley, people are parking along the unimproved sidewalk areas. It's pretty hard to walk down to the little neighborhood store and other places because of that. Are they allowed to park in those areas?
A: This is a frequently asked question to Kokua Line.
Unimproved sidewalks are found in many older residential areas, where roadways are narrow and parking is tight. Vehicles and pedestrians end up sharing the same space.
As explained in the past, the Honolulu Traffic Code (Sec. 15-14.2) says you can't park a vehicle "in such a manner that any portion of such vehicle obstructs a sidewalk or portion thereof."
But because the courts routinely threw out citations involving unimproved sidewalks -- ruling that only paved sidewalks were meant exclusively for pedestrians -- Honolulu police will not issue citations unless a vehicle is completely impeding a pedestrian's right of way on an unimproved sidewalk.
If that's the case, you're advised to call 911.
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Call 529-4773, fax 529-4750, or write to Kokua Line,
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. As many as possible will be answered.
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