honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser

Posted on: Monday, May 30, 2005

New law stresses drivers' role in crosswalk safety

 •  Where danger treads
 •  It can happen to anybody — and it does
 •  By the numbers
 •  Pedestrian fatalities in Hawai'i, 1996-2003
 •  Map: Serious pedestrian accidents
Pedestrian accidents discussion forum
Got a question or comment? Join our online discussion.

By Gordon Y.K. Pang
Advertiser Staff Writer

Five days a week, Ian Caitano walks to and from his Makiki home and his downtown office. Five days a week, he steps into crosswalks and sees cars zipping dangerously past him.

Pedestrians at Bishop and King streets skirt a car that stopped in the crosswalk. While some people hail the new state law on crosswalks, others say it's still too weak to protect pedestrians.

Bruce Asato • The Honolulu Advertiser

"It's pretty much like that every day," said Caitano, 29, an accountant and bookkeeper for a law firm. "People are just going, going, going."

Caitano said he appreciates a new law designed to protect pedestrians from what seems like endless streams of cars paying little heed to walkers.

Officials are hoping the new law will be the first step in raising public awareness about the high number of pedestrian accidents and start to change dangerous behavior on the part of both pedestrians and drivers.

But despite the good intentions of those who hoped to make clear when drivers are supposed to stop as they approach a crosswalk, disagreement and confusion swirl around the new law.

Under the old law, drivers had the discretion to yield or slow down at a crosswalk, and stop only when necessary.

How the crosswalk law changed

Old law: Drivers had discretion to yield or slow down at a crosswalk, and stop only when necessary.

New law: Driver must stop when someone is walking in the half of the crosswalk nearest to the driver's car or if the pedestrian is too close for a vehicle to safely drive through a crosswalk.

The new law states a motorist needs to "stop and yield ... 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."

Most took this to mean that a driver must stop when someone is walking in the half of the crosswalk nearest to the driver's car or if the pedestrian is too close for a vehicle to safely drive through a crosswalk. Otherwise, the driver can proceed.

But some think that is a dangerous practice.

Ernest Kop has told students at his Honolulu Driving School for more than 25 years that motorists are supposed to stop as soon as a pedestrian enters a crosswalk, no "ifs," "ands" or "buts."

Kop was shocked to hear that the law, both the old one and the new one, allows a driver to drive through a crosswalk even if a pedestrian is still in it.

"Once a pedestrian enters the crosswalk, no matter how long it takes, the driver is supposed to stop," he insists.

What do you think?

How would you reduce Hawai'i's high number of pedestrian accidents? Send your ideas to Advertiser Transportation Writer Mike Leidemann at mleidemann@honolulu
advertiser.com
.

Kop said despite what he now knows about the new law, he will continue to instruct student drivers to stop whenever they approach someone in a crosswalk, regardless of which half of the street the pedestrian is in.

It's the safer approach to driving, he said, and "that's what the law should say."

Kaimuki resident Helen Eschenbacher, seriously injured last year when she was struck by a hit-and-run driver, said she also was surprised to learn a motorist needs to stop only if a pedestrian is on the motorist's side of the road.

Eschenbacher said on page 132 of her Hawai'i Driver's Manual it clearly states a motorist should stop and let the pedestrian cross. The manual makes no reference to stopping only when a pedestrian is in one half of the street, she said.

"It's really poor wording," said Eschenbacher, 56, of the new law. "How are policemen going to enforce this law?"

Capt. Jose Gaytan of the Honolulu Police Department's Traffic Division said police believe the new language will make enforcement easier because it clearly says drivers must stop, not stop or yield, when a pedestrian is crossing.

"So that doesn't leave too much left to the imagination," he said.

But Gaytan said police had lobbied to change the law only so that it was clear a motorist would have to stop for a pedestrian on multiple-lane, one-way streets if the pedestrian is on one half of the road and the car is on the other.

Gaytan could not say if police will have trouble enforcing the law at intersections where crossings are unmarked.

So what is a driver to do?

Lt. Gov. James "Duke" Aiona, who signed the crosswalk bill on Wednesday as acting governor, said he would err on the side of caution in complying with the law.

"I would go one step further and say even though this may be subject to some interpretation, if you're on the other side of the roadway, and you see someone in the crosswalk, I would advise you to stop also," he said.

House Judiciary Chairwoman Sylvia Luke, D-28th (Punchbowl, Pacific Heights, Nu'uanu Valley), acknowledged the law is not clear and that the Judiciary Committee would be open to proposals that would clarify it.

"It's a complex issue and we will revisit it next year," she said. "But it's good that we passed this bill because it raised tons of other issues that we didn't initially anticipate," Luke said.

Twenty-two Democrats and Republicans voted against the bill on final reading, many raising objections to a part of the law that requires motorists to stop even if they have a green light when approaching a pedestrian who is crossing against a red light. That could serve to embolden pedestrians, they argued, leading to more fender-benders as vehicles stop suddenly.

But Deputy Prosecutor Lori Nishimura said just because a motorist is in the wrong driving into a green light with a pedestrian nearby doesn't mean the pedestrian is in the right.

Gaytan said enforcement of the new law won't happen immediately. Police plan a campaign later this summer to educate the public about the new driving requirements, although details have yet to be worked out.

Motorists ticketed for crosswalk violations pay $97 if they don't want to go to court. If a defendant goes to court, a judge has the discretion to impose a fine of up to $200 for first offense within a year, $300 for a second, and $500 for a third.

The discussion about the new law coincides with a planned expansion of a state Department of Transportation pedestrian safety campaign. Originally designed for the elderly on O'ahu, officials hope to expand the program to all age groups and islands.

City and state officials also are designing more pedestrian facilities into each new roadway project, and Transportation Department Director Rod Haraga is considering a plan to embed flashing lights in the roadway at the most dangerous crossing areas, a system that has cut pedestrian accidents up to 75 percent in some places.

Ultimately, the key to pedestrian survival lies with the individual, retired postal worker Phillip Kam said.

"You've got to practice defensive driving and defensive walking," he said. "I always look two, three, four times before I cross. Even when you think it's safe, somebody can come speeding down the road wherever you are."

Advertiser Transportation Writer Mike Leidemann contributed to this report. Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8026.