StarBulletin.com

Army applies city law for parking ticket


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POSTED: Wednesday, November 26, 2008

Question: Does the Revised Ordinances of Honolulu, Sec. 15-13.5, pertain to parking lots? That law states: “;Upon any roadway within a business or residence district, no person shall stand or park a vehicle other than parallel with the edge of the roadway, headed in the direction of traffic, and with the curb-side wheels of the vehicle within 12 inches of the edge of the roadway, except while parked wholly within stalls marked or designated ...”; I recently received a parking ticket for “;parking against the flow of traffic”; in a marked stall in a parking lot at Schofield Barracks, even though I've parked that way many times.

Answer: The area in question does not involve a city lot - it is owned by the Army, but used by the Navy.

In this situation, the city ordinance was applied, confirmed Terri Kojima, deputy director of public affairs for Navy Region Hawaii. But, she said, the term “;parking lot”; to describe the area is “;somewhat misleading.”;

Although the area is used strictly for parking, she said there are clear markings and signs, including a solid yellow line, that direct the flow of traffic down separate “;roadways.”;

“;To park a car opposite the flow of traffic, a driver would have to disregard the traffic-control devices and drive opposite the flow of traffic,”; Kojima said. She said the signs have been posted for at least a year.

She also explained that all local traffic laws are assimilated under the Federal Assimilative Crimes Act, as part of “;an effective, comprehensive traffic safety program”; established by the Navy command for both civilian and military personnel.

Basically, if no comparable federal law exists, the act allows officials to adopt the criminal law of the state in which a military installation is located.

It's uncertain whether the law would apply to municipal parking lots. The Honolulu Police Department was researching the question.

Q: Is there a law in place requiring bicycles to have some kind of audible sound, like a bell, to warn pedestrians they want to pass? Recently, several bicyclists have passed on the side of me without any warning. Imagine if I made a sudden move sideways - I would have been hit. Or, if the bicyclist swerved into the path of a car, they certainly would have been injured seriously. If there is no such law, whom can I discuss a bill to require a bell permanently installed on a bike before it is sold?

A: There is no such state or county law requiring an audible signal device mounted on a bicycle, but bikers are supposed to give an audible warning when passing.

That typically would be a voice warning.

Section 15-18.7(c) of the Revised Ordinances of Honolulu only says: “;Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.”;

The state law dealing with “;lamps and other equipment on bicycles”; - Section 291C-148 of the Hawaii Revised Statutes - does not require any bell or other kind of signal device.

Contact your district legislator or city Council representative about changing the law.