OK, after leaving messages, I finally got to talk to Lt. Jerry Wojcik today. He initially seemed slightly annoyed with my call. He said that HPD was ticketing cyclist for riding on the sidewalk in business districts and that he considered the crosswalk part of the sidewalk. I stated that the TV newscast made it appear that there was some law that required cyclist to walk bikes in any crosswalk. Lt. Wojcik claimed that the TV newscast was clear that HPD was talking about sidewalk riding in business districts only. I said, OK fine, could you please tell me the ordinance or statute # that you are citing them under. At this point, it was quite clear that Lt. Wojcik was extremely annoyed. He stated that cyclist could be cited under several codes. My response was, could you tell me the # you are citing them under. Lt. Wojcik responded "under the city sidewalk ordinance or 291C-148". I said, "Thank you, goodbye".

My positions are:

Cyclist are better off riding properly in the roadway than sidewalk riding. That said, I have heard the "cyclist must walk their bikes in the crosswalk" myth a few too many times (including once from the HBL office/help staff). That is why I followed up on the KGMB 9 story. I was also annoyed that the story took the problem of pedestrians getting run over by motorist and turned it into a `bicyclist are a problem too' BS story.

Under both City and State law, it is illegal to ride a bicycle on the sidewalk in a business district. It is legal to ride a bicycle on the sidewalk outside a business district. A crosswalk is not a sidewalk based on the legal definitions and there is no law that prohibits a cyclist from riding from sidewalk to sidewalk through a crosswalk anywhere on Oahu. But once you ride up on that sidewalk in a business district, you can get cited for sidewalk riding. HPDs attempt to overlook sidewalk riding but cite cyclist for not walking bikes in the crosswalk is ill informed and just plain odd. Clearly HPD and others actually thought that some crosswalk law did exist. Hopefully, they now know better and will pass the word on.

Do note that cyclist are required by city law to walk their bike on a pedestrian overpass or underpass why crosses a highway.

BACKGROUND

Posted: March 4, 2007 05:29 PM

HRS Legal Definitions:

"Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

"Crosswalk" means:

(1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or

(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

"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.

State Law:

§§291C-148 Driving upon sidewalk. (a) Except as provided in subsection (b), no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or authorized temporary driveway.

(b) Unless otherwise prohibited, a bicycle may be driven at a speed of ten 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.

(c) This section shall not be construed as preempting the director of transportation's or counties' authority to control parking on sidewalks under section 291C-114. Nor shall this section be construed as prohibiting the director or a county from authorizing parking on sidewalks when the authorization is promulgated in accordance with section 291C-114. [L 1984, c 273, §§15; am L 1988, c 191, §§2]

City Laws:

Sec. 15-17.8 Restrictions on operation of bicycle on pedestrian overpass and underpass--Duties of dismounted operator.
No person shall operate a bicycle upon any portion of a pedestrian overpass or underpass, except that bicycles with the operator dismounted may be permitted on such structures for the purpose of crossing the highway and while so doing shall obey the regulations applicable to pedestrians. (Sec. 15-17.9, R.O. 1978 (1983 Ed.))

Sec. 15-18.7 Riding on sidewalks.
(a) No person shall ride a bicycle upon a sidewalk within a business district.(b) The director of transportation services is authorized to erect official signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, and when such signs are in place no person shall disobey the same.
(c) 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.
(d) No person shall ride a bicycle equipped with a motor on any sidewalk.
(Sec. 15-18.7, R.O. 1978 (1983 Ed.))