Question: In your Sept. 25 Kokua Line, Honolulu police Maj. Frank Fujii said if a pedestrian “;actually takes a step into the street, (then) you're supposed to stop.”; He said if there is an “;overt move”; on the part of the pedestrian to cross, then the motorist is required to stop. Is Fujii talking about when the pedestrian is on my half of the road or that all motorists must stop once a pedestrian steps into the crosswalk, regardless of which side of the street he's on? If he means the latter, then he's contradicting state law and HPD's own Web site: http://honolulupd.org/traffic/pedestrian_driver.htm. Regarding the city Department of Transportation Services' mid-road sign pilot program: The signs say, “;State Law/Stop for (figure of pedestrian)/Within Crosswalk.”; Again, is it only when the pedestrian is on the motorist's half of the road or in the crosswalk in either direction?

Answer: Fujii's answer was in reference to someone about to cross in front of the motorist.

But to clarify, he pointed to Section 291C-72(a)(1) and (a)(2) of the Hawaii Revised Statutes, which say drivers “;shall stop”; when a pedestrian is in a crosswalk either “;upon the half of the roadway upon which the vehicle is traveling”; or “;approaching the vehicle so closely from the opposite half of the roadway as to be in danger, and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.”;

On the pedestrian's part, 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.”;

As for the mid-road pedestrian sign being tested by the city, Fujii said the above-mentioned state law holds.

On a two-lane road, a pedestrian crossing in the lane going in the opposite direction to your vehicle could be construed to be “;approaching the vehicle so closely ... as to be in danger.”;

As we pointed out in our Sept. 25, 2005, Kokua Line, motorists always were required to yield to pedestrians crossing on their half of the roadway.

The old law said drivers should yield the right of way, slowing down or stopping if needed to yield to pedestrians. The new law took away the discretion, requiring drivers to stop and yield to pedestrians.

The bottom line: Just drive with common sense, courtesy and safety.

It's not a matter of right or wrong, “;it's a matter of sharing the road with safety,”; Fujii said.

“;People are getting too tied up in the technicalities of the law,”; he said. They should “;just follow basic road courtesy. That way everybody would be safe, drivers as well as pedestrians.”;

Cell Phones Restricted

In our Oct. 16 Kokua Line, we pointed out there is no Hawaii law prohibiting drivers from talking on cell phones.

But be careful while driving on any military base.

In December 2006, the Department of Defense began prohibiting drivers from talking on hand-held cell phones while driving on military bases.

Also prohibited: any other portable headphones, earphones, or other listening devices, except for hands-free cellular phones.