HOUSE OF REPRESENTATIVES	H.B. NO.	489
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to transportation.

 

 

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

 

     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291C-     Failure to yield right-of-way to mass transit vehicle; penalty.  (a)  A person commits the offense of failure to yield the right-of-way to a mass transit vehicle entering traffic if the person does not yield the right-of-way to a mass transit vehicle when:

     (1)  A yield sign as described in subsection (b) is displayed on the back of the mass transit vehicle;

     (2)  The person is operating a vehicle that is overtaking the mass transit vehicle from the rear of the vehicle; and

     (3)  The mass transit vehicle, after stopping to receive or discharge passengers, is signaling an intention to enter the traffic lane occupied by the person.

     (b)  If a yield sign is displayed on a mass transit vehicle, it shall warn a person operating a motor vehicle approaching the rear of a mass transit vehicle that the person must yield when the vehicle is entering traffic.  The yield sign shall be illuminated by a flashing light when the vehicle is signaling an intention to enter a traffic lane after stopping for the purpose of receiving or discharging passengers.  The department of transportation shall adopt rules pursuant to chapter 91 to determine the message on the yield sign; specifications for the size, shape, color, lettering, and illumination of the sign; and specifications for the placement of the sign on a mass transit vehicle.

     (c)  This section shall not relieve a driver of a mass transit vehicle from the duty to drive with due regard for the safety of all persons using the roadway.

     (d)  For the purpose of this section, "mass transit vehicle" has the same meaning as defined in section 291-11.6.

     (e)  Any person who violates this section shall be fined not more than $        or sentenced to perform community service, or both."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Mass Transit Vehicle Right of Way; Violation; Penalty

 

Description:

Establishes the offense of failure to yield right-of-way to mass transit vehicles.

 

 

 

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