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State bicycling laws need review

By Mark Brislin

Editor-in-Chief

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Published: Monday, October 12, 2009

Updated: Monday, October 12, 2009

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Joel Kutaka

Careless bicyclists can stress out even the most patient drivers. Bicycles are peculiar modes of transportation, in that they are too fast to ride alongside pedestrians but are much slower than automobiles.

Driving between thin lanes around a bicyclist can be an unnerving experience, if not because of annoyance due to their reduced speed in comparison to automobiles, then from fear of accidentally nicking one. Yet these bicyclists who choose to ride the streets over sidewalks are following the law. So who are these laws actually protecting?

 When I was little, I used to be impressed by bikers who rode in the middle of the street, flashing hand signals to indicate their intentions as they pedaled.

Now that I’m behind the wheel of a car, my childhood fascination with those bikers has turned into irritation, especially when in a rush.

I should say that I have nothing against people who ride bikes. Bicycling is a healthy and inexpensive way to get around that doesn’t pollute the environment.

The bikers that get to me are the ones who ride in the middle of the road, forcing drivers to change lanes to pass them. These are the ones who obey traffic lights and sometimes, but not always, wear spandex shorts to reduce wind friction. There are bikers who pedal hastily, even coming close to the speed limit. Other bikers, despite being on crowded streets, are sluggish. This becomes a problem on one-lane streets, forcing drivers to match whatever leisurely pace the biker chooses.

Driving behind bikers can be especially frustrating when a clear stretch of sidewalk is in sight. I always wonder why they don’t use it. 

Without much thought, I figured the reasons were desires to push themselves in traffic, knowing that a 5,000-pound machine was close behind them. Then there are others who don’t care that they are irritating drivers.

The reasons seemed legitimate - that is, until I did some research and found something that surprised me.

It’s a Hawai‘i state law for bikers to ride in the road if they are going over 10 mph.

Hawai‘i Revised Statute 291C-145 states, “Every person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction …”

The word “sidewalk” doesn’t appear in that section of the law, but it also doesn’t say that bikers can’t ride on one.

Then I went on to read Section B of HRS 291C-148, which states, “… Unless otherwise prohibited, a bicycle may be driven at a speed of 10 miles per hour or less on a sidewalk or sidewalk area, provided that the driver of the bicycle shall yield the right-of-way to any pedestrian and that bicycle riding shall be prohibited on sidewalks in business districts.”

There is a huge gap in the maximum 10-mph speed for a biker riding the sidewalk and the 25-mph speed limit most roads have. It’s almost like throwing a mediocre amateur boxer into the ring with a seasoned prizefighter.

I’m not an avid biker, but whenever I ride a bike I use the sidewalks. I may have been breaking the law by going over 10 mph, but there is no way I could go 25 mph for an extended period of time before passing out from exhaustion.

The only reasoning for this law is if the state is thinking solely about protecting pedestrians walking on sidewalks, some of whom have babies in strollers or dogs accompanying them. A careless or intoxicated bicyclist speeding along could mow down a child playing on a sidewalk.

 But by forcing bikers into the roadways once they hit 10 mph, the law is not only placing bikers into increased danger, but also telling drivers, “Here, share the road with the bikers. They may be slow, they may weave in lanes, but don’t hit them.”

No driver wants to clip a biker.

That almost happened to me last week. I usually like to pride myself on my driving abilities, but on this particular morning I was running a little late and was thinking ahead to the parking search. I turned left onto Wilder Avenue, and a car in front of me pulled suddenly to the side of the road, probably dropping off a Maryknoll or Punahou student, revealing a biker riding in the middle of the road about 10 yards front of me. I hit the brakes, and misjudging the biker’s speed, came closer than I would have liked to him.

And that’s why this law doesn’t make much sense to me: It is a lot easier and less dangerous for a biker to yield to pedestrians on sidewalks than it is for a car to yield to a biker riding in the road.

 

Comments

8 comments
Malie
Mon Nov 16 2009 18:57
I am a cyclist and have been hit by cars TWICE, once when riding on the sidewalk (on King) and once when riding in the bike lane on University! Both times I was following the law and it was cars that failed to look! I had a green light on University when a car making a turn hit me and knocked me off my bike. When I was on the sidewalk on King, a car busted @$$ out of the Long's parking lot for some reason and decided not to stop.

If you ride on the sidewalk (even along the Ala Wai) in Waiks, the Police WILL stop you and make you walk your bike. And so many of the far right lanes on Kalakaua are right turn lanes, that I end up waiting forever for cars to turn when I really want to go straight. In that case you better believe I'm not sticking to the right.

Car are big, expensive, and destroying the environment. Bikes are economical and green. If you're in a car, you should bless your lucky stars for that privileged and take watching out for bicyclist with the territory.

The only thing I REALLY can't stand is bikes that are going the wrong way! Like bikes traveling west on Kalakaua. HELLO! In that case they're just asking for it and the cops should stop them immediately.

The only other thing I can't stand is bike that ride on the sidewalk when there's a bike path! This goes for university avenue especially when they're tearing down the hill under the bridge and there's a bike path right on the other side of the street for a reason.

Everybody could use a little more caution.

Frank Smith, Island Triathlon & Bike
Mon Oct 19 2009 21:20
Speaking as a very experienced cyclist I can assure you that riding on the sidewalk is almost always much more dangerous than riding in the street. Even at 10 mph a cyclists will have difficulty with blind corners and other legitimate users of the sidewalk. Several Honolulu pedestrians have been killed by crashes with cyclists on sidewalks. I have seen a cyclist T-bone a car which was slowly emerging from a driveway. Why should cyclists be relegated to the sidewalk at 10 mph when they can usually cruse at 12 to 18 mph on the level road and much faster down hill and down wind? One would hope that Ka Leo is advocating for green transportation, better health and all the many other benefits that bikes offer over cars. Get with the program--share the road with aloha.
chris
Thu Oct 15 2009 01:28
Your problem with bikes is created by your inability to leave your house in time to get where your going with out being stressed out and focusing on other issues other than driving.
Christy
Wed Oct 14 2009 00:41
The roads in hawaii are covered in pot holes, it is very difficult to stick to the far right side of the lane. That is why cyclists are sometimes forced to take up a whole lane. Honolulu is a difficult place for cyclists and drivers alike, please respect cyclists because they are trying their best to get from A to B as safe as possible, just like drivers.
Anon
Tue Oct 13 2009 22:27
I feel strongly that not only should bicycles be banned from our roadways, but also that in order to make it the most difficult for people of lesser means to get from place to place possible, so should all cars which are not worth more than $30,000.
Your name
Tue Oct 13 2009 05:38
First off I would like to say nice article. I appreciate that it doesn’t bash cyclists, you express your opinion in a healthy manner, and you actually looked up the law. I will preface my response by saying I do not intent to attack you, I am only trying to express an opinion coming from the point of view of a cyclist.
The state law is not just for the protection of pedestrians, it is about equal rights. Just as motorists may get frustrated by slower cyclists, cyclists get frustrated when stuck behind pedestrians on sidewalks. Just because someone may cause an inconvenience to someone else, doesn’t mean that their rights should be infringed upon.
When possible I try to ride as far to the side of the road as possible; however, there are many reasons as to why cyclists and I cannot adhere to this at all times. In a car motorists don’t notice all of the glass that accumulates at the very edges of every road way on Oahu. I work at a bike shop and the primary cause of flat tires that I see are from glass. If I see glass I will ride a bit further away from the edge of the roadway to avoid a flat. I know everyone is aware of the pot hole problem here, in cars they are annoying, on a bike they can swallow your front wheel, leading to a crash. I notice more of these pot holes tend to form on the edges of roadways. Another reason to ride further into the lane is avoiding doors opening on parked cars. Let me tell you, having someone open their door into you hurts like hell. The final reason I will take up a lane is because so many motorists will turn off of the road right in front of me. They accelerate so they can barely get ahead of me and then suddenly turn in front of me. This happens at least once every day when I commute on my bike. If I take up the lane then the car must sit behind me for an extra 30 seconds to make its turn instead of hastily and dangerously passing me. Though I will only occupy a full lane on multi-lane streets such as King and Beretania.
Riding on the sidewalk poses another set of problems. There are so many little driveways, uneven walkway seams and so forth compared to the relatively level roadway (minus the pot holes heh heh). Plus even on the sidewalk, cyclists must still cross roadways on the crosswalks. I can’t tell you how many times I have nearly been hit by a car rolling through a stop sign at a right hand turn because the driver didn’t check to the right. Granted this is an issue for cyclists on the sidewalk and pedestrians.
I can sympathize with drivers because I will get stuck behind pedestrians just like they may on occasion become stuck behind me. However, relegating cyclists to the sidewalk isn’t the solution. An extensive network of bike lanes would be a huge step forward. Though with the state budget crisis I doubt we will see any more of those any time soon. We just need to share the roadway as best we can for the time being.
The opinion of a daily cyclist commuter,
David
trevor
Mon Oct 12 2009 14:38
I am just wondering if you realize that in a way it's safer for a cyclist to ride in the middle of the road rather than hug the curb simply because the curbs aren't really bicycle friendly at all. they are way too skinny and often have many cracks and potholes. also drivers often misjudge the space there is to pass a cyclist. so if the cyclist is in the middle of the road then it sort of forces the driver to change lanes to safely pass the cyclist rather then trying to run them off the road, unintentionally, when trying to pass in the same lane.
David
Mon Oct 12 2009 13:18
I "ride" my bicycle and I get hard core with it. Maybe that's more information than you wanted to know about my relationship with my bike. I don't pedal around with it. But like driving a car, I believe riders should pass a skills test before they are allowed to ride. Obviously, bicycles cannot go as fast as a car. But you know a bike can ride anywhere the rider wants to. In many cases, its more safe to ride an area on a bike than to walk it. Example, if you were to negotiate a small 30' cliff drop on foot without ropes and all that hash, if you jumped it, you would probably get hurt, but if you jumped it on a bike and had the skill, you would make it. See? So you could easily hop sidewalk curbs to go around car traffic, and/or jump small 4' fences or walls (rubber side down! heh heh) to take a cool short cut to get around traffic. And there you go. No problem with clashes between bikes and cars, except for the girlie people who want to "pedal" around and not actually "ride" their sleds. Implement the skills test for bikes and cars.. NOW!






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