--- In hawaiibicyclists@yahoogroups.com, "John W" <opeapea@...> wrote:
>Actually, you are still confused on these issues.
Actually, I am not confused at all.

>A bicycle on a sidewalk is not on the roadway but is probably on the
highway.
Or maybe it is on a(n) street, arterial street, private road,
driveway, safety zone or through highway.

"Roadway" means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the berm or
shoulder. In the event a highway includes two or more separate
roadways the term "roadway" as used herein refers to any such roadway
separately but not to all such roadways collectively.

"Highway" means the entire width between the boundary lines of every
way publicly maintained and those private streets, as defined in
section 46-16, over which the application of this chapter has been
extended by ordinance, when any part thereof is open to the use of
the public for purposes of vehicular travel.

"Street" means the entire width between boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.

"Sidewalk" means that portion of a street between the curb lines, or
the lateral lines of a roadway, and the adjacent property lines,
intended for use of pedestrians.

"Alley" means a street or highway intended to provide access to the
rear or side of lots or buildings and not intended for the purpose of
through vehicular traffic.

"Arterial street" means any United States or state numbered route,
controlled-access highway, or other major radial or circumferential
street or highway designated by counties within their respective
jurisdictions as part of a major arterial system of streets or
highways.
"Laned roadway" means roadway which is divided into two or more
clearly marked lanes for vehicular traffic.
"Private road or driveway" means every way or place in private
ownership and used for vehicular travel by the owner and those having
express or implied permission from the owner, but not by other
persons.
"Safety zone" means the area or space officially set apart within a
roadway for the exclusive use of pedestrians and which is protected
or is so marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
"Through highway" means every highway or portion thereof on which
vehicular traffic is given preferential right of way, and at the
entrances to which vehicular traffic from intersecting highways is
required by law to yield the right of way to vehicles on such through
highway in obedience to a stop sign, yield sign, or other official
traffic-control device, when such signs or devices are erected as
provided by law.

The simple generic use of the word roadway to include highways,
streets, arterial streets, laned roadways, private roads, driveways,
safety zones and through highways is an appropriate use for this
forum, especially when most on the forum are unlikely to be
interested in a full blown legal debate. Also consider that the
forum is also read by persons not in Hawaii, which have other
definitions in their traffic code. You and I both know that we could
get into an endless debate over fine points on the legal system. We
could also find lawyers and judges which would take both sides.

The bike/ped coordinators, a small few in HBL, you and I are pretty
much the only people that knew that is was illegal for bicycles to
ride on shoulders prior to the recent law change, due to the
definition of the word roadway under the traffic code. So, no I am
not confused.

>Here is a pop quiz to see if you read it and understood it: Is a
recumbent bicycle a vehicle in Hawaii?

I have known of your web page for some time. It is a nice
consolidation of local laws and is good for general knowledge, but it
is not appropriate for legal use. As you noted, it is not up to
date.

I guess you want to get into a debate on what seat and seat height
means. My bent does not meet the definition of a toy regardless. My
bent has a seat that is basically part of a chair. Suppose the chair
bottom is well below 25" but the chair back is above 25", it can be
reasonably argued both ways as to the bent being a toy or a vehicle.

Maybe we can get back on topic of how to put an end to Adchoppers.