Tomorrow, downtown at one of the many Starbucks, Mayor Mufi will be passing
out free coffee and pastries, as well as speechifying on why bikes are so
cool!

He probably will NOT be talking about all that sewage he dumped in the
ocean, or why he is at war with the EPA, but he will supposedly have a
bicycle with him... If he can ride without falling off I am hoping to
challenge him to a Race for Pink Slips...

As oxymoronic and misleading as this Starbucked Up Corporate Political
Environmentalism may seem to the uninitiated, it is actually Very Very
Green! Just ask them! They will tell you!

Please come out and support giant corporations and eco-hostile politicians
as they pretend to support the environment in order to generate sales
and/votes, while in fact not actually giving a shit (unless they are giving
the shit to the ocean by the gigagallon)...

If nothing else you can enjoy a refreshing and delicious Starbucks coffee
and pastry while basking in the Radiant Irony of the whole thing... Or try
and catch a politician Lying out of Both Sides of His Face... Or just Sniff
the Corporate Coffee Fumes and Enjoy the Buzz...

-The Matt That Laughs to Keep From Crying


By the way, I missed the Ride o` Silence, if any of you went could you
Report on the Thunder of Silence that Shook Honolulu yesterday? How many
Acres of Lycra turned out?

_________________________________________________________________
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Hotmail.
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PLEASE forget what happened before! Critical Mass Honolulu is New and
Improved, with a recent infusion of refreshingly arrogant 'Just Off The
Boat' Haole sensibility that is sure to make you Giggle with Amusement!

If you have not been to a Honolulu Critical Mass lately, you don't know what
you are missing!! (I don't either, but I am going to find out next week!)
Hope to see you all there!

-The Matt That Cannot Wait for the Next Honolulu Critical Mass!!!!

_________________________________________________________________
Interest Rates NEAR 39yr LOWS!  $430,000 Mortgage for $1,299/mo - Calculate
new payment
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Good News!

I found the post below on Craigslist; apparently the Honolulu Critical Mass
used to suck, but now it is cool!

Forget what happened before!

New Cool Riders! A whole fantastic Core of New Riders! No more Lame
Assholes!

My bike is in the shop, so I am not sure if I can come out tomorrow, but I
hope you will all be coming out for the latest installment of the New
Improved Honolulu Critical Mass!!!

Happy Cycling!!!

-Matt


Reply to: comm-302397805@...
Date: 2007-03-29, 12:00AM HST


Critical Mass, the monthly unorganized movement... of bicycles is still
riding in Honolulu. We'll meet in front of the state capital (Beretania
side) after 5 PM on Friday March 30 (and every last Friday of the month - at
least we have since December), and we'll ride in the street, to wherever we
feel like. Forget whatever happened before; we've got a new core of riders
and at least for the moment we aren't lame.

Critical Mass: we're not in traffic, we _are_ traffic.

cheers,
Jess

_________________________________________________________________
The average US Credit Score is 675. The cost to see yours: $0 by Experian.
http://www.freecreditreport.com/pm/default.aspx?sc=660600&bcd=EMAILFOOTERAVERAGE

The background and laws are provided after my comments.

KGMB 9 TV news story:

http://www.kgmb.com/kgmb/display.cfm?storyID=10691

Police say they're also having problems with bicyclists.

HPD Watches for Crosswalk Violators
Tina Chau - tchau@...

At the intersection of Piikoi and Beretania streets, a female
pedestrian was killed two weeks ago. That's where police were Sunday.

"Primarily, we are still warning people," said Lt. Jerry Wojcik. "The
flagrant people are getting cited."  ...

Police say they're also having problems with bicyclists and had to
remind several that you're supposed to walk the bike across the
crosswalk. ...

Thanks John,

Since neither you or I could find a specific law, I doubt there is
one.  The rub on the vehicle reasoning is in areas where bicycles are
allowed to ride on the sidewalk.  At least to me, it makes little sense
that a cyclist can ride on the sidewalk, but must walk through the
crosswalk.

I guess I will ask the City why HPD is saying these things and ask them
for a legal reference.

Well, I have heard mixed opinions on this.  A search of the HRS and
the C&C ordinances does not yield any such law.  However, I think you
can make a reasonable case that bicycles cannot be ridden across the
roadway in a crosswalk (as opposed to ridden across the crosswalk in
the roadway) on the theory that a bicycle is a vehicle and although I
couldn't find anything specifically saying a vehicle cannot cross the
roadway in a crosswalk (it may be there) it is pretty clear that they
are not allowed to, and anyway, under current law all vehicles are
required to stop for pedestrians in the crosswalk, so you certainly
cannot legally ride your bicycle across the crosswalk if there are any
pedestrians present in the crosswalk.  Once you dismount you are
magically transformed into a pedestrian and can use the crosswalk just
like any other pedestrian.  This is a great way to legally get where
you are going when there are pesky No Turn signs.

There was a case some years ago where a woman on a bicycle was killed
crossing Beretania on a bicycle in a crosswalk (she was on the swim
team and a roommate of one of my students) and I was told at the time
that she was legally crossing the street (HPD did not test the driver
for DUI although witnesses indicated he was intoxicated.  He was never
charged with anything), but I do not know the details of to what
extent she was walking versus riding the bicycle.

--- In hawaiibicyclists@yahoogroups.com, "Bike Oahu" <bikeoahu@...> wrote:
>
> Anyone know a Hawaii Revised Statute (HRS) or Honolulu City Ordnance
> which requires cyclist to "walk the bike across the crosswalk"?
>
> There is a HRS which requires cyclist to walk across pedestrian
> overpasses and underpasses, but I do not know of a similar law for
> crosswalks.
>

Anyone know a Hawaii Revised Statute (HRS) or Honolulu City Ordnance
which requires cyclist to "walk the bike across the crosswalk"?

There is a HRS which requires cyclist to walk across pedestrian
overpasses and underpasses, but I do not know of a similar law for
crosswalks.


KGMB 9 news just ran this TV news story:

http://www.kgmb.com/kgmb/display.cfm?storyID=10691

Posted: March 4, 2007 05:29 PM

Police say they're also having problems with bicyclists.

HPD Watches for Crosswalk Violators
Tina Chau - tchau@...


At the intersection of Piikoi and Beretania streets, a female
pedestrian was killed two weeks ago. That's where police were Sunday.

"Primarily, we are still warning people," said Lt. Jerry Wojcik. "The
flagrant people are getting cited."

Police are hoping their presence will serve as a reminder for drivers
and pedestrians to obey the law.

High school teacher Mike Clark said, "I'm very cautious at
intersections. I've seen so many cars jump red lights and actually, I
almost got hit once."

It's an island-wide campaign to improve pedestrian safety. At least
12 people were cited for violations on Sunday, both drivers and
pedestrians. We saw one driver stop right in the crosswalk as she
waited for the light to turn green.

Police say they're also having problems with bicyclists and had to
remind several that you're supposed to walk the bike across the
crosswalk.

As for drivers, the law says you need to come to a complete stop, not
just yield, when a pedestrian is on the same half of the road as the
driver. The fine starts at $97 for a driver who fails to yield to a
pedestrian. A pedestrian can be cited between $70 to $80 for
violations.

And that one block, zigging, door zone bike lane is a slap in the
face from the mayor and city council to all Oahu cyclist.  Especially
those cyclist like John who worked very hard on a very good plan for
the entire Young Street route.


--- In hawaiibicyclists@yahoogroups.com, "John W" <opeapea@...> wrote:
> Check out http://www.honolulu.gov/dts/bikeway/ to view Honolulu's
> bicycle master plan.  This is the vision you are talking about.  We
> put a lot of work into this years ago.  I think a one block bike
lane
> on Young Street is about all that was ever implemented.  It is still
> the official "Bicycle Master Plan" so it is not lack of vision - it
is
> lack of political will to act on the vision. Perhaps the recently
> passed Charter Amendment will help but I suspect I'll be a very old
> man before I see much of it actually built.
>
> Don't put off your riding waiting for this to happen.  The best
thing
> you can do to enhance your cycling enjoyment is read John
Forrester's
> "Effective Cycling" and learn to ride safely and "effectively" on
the
> roads we have.  Most of the time I find cycling here enjoyable in
> spite of less than perfect conditions.  Contrary to what most people
> think, most of the barriers to enjoying cycling here are
psychological.
>
> - John
>

>
> What envisioning processes can we use as "wannabe safe
> bicyclists" in Honolulu use to inspire action and
> change?
>
> be well,
> robkinslow
>
>
Check out http://www.honolulu.gov/dts/bikeway/ to view Honolulu's
bicycle master plan.  This is the vision you are talking about.  We
put a lot of work into this years ago.  I think a one block bike lane
on Young Street is about all that was ever implemented.  It is still
the official "Bicycle Master Plan" so it is not lack of vision - it is
lack of political will to act on the vision. Perhaps the recently
passed Charter Amendment will help but I suspect I'll be a very old
man before I see much of it actually built.

Don't put off your riding waiting for this to happen.  The best thing
you can do to enhance your cycling enjoyment is read John Forrester's
"Effective Cycling" and learn to ride safely and "effectively" on the
roads we have.  Most of the time I find cycling here enjoyable in
spite of less than perfect conditions.  Contrary to what most people
think, most of the barriers to enjoying cycling here are psychological.

- John

http://seattlepi.nwsource.com/local/303334_bandgreen12.html?source=mypi

This is an interesting article. A vision for the whole
city.
I believe that one must out-vision the vested
interests in order to get change to occur. If our
vision of Honolulu-Waikiki is not more compelling than
the current biz as usual pattern, we will fail to
invoke the imagination of people.

So use tell-a-vision to inform, instead of force. You
tell your vision and i'll tell mine. together our
visions can invoke imagination and from tehre the
future can be formed.

What envisioning processes can we use as "wannabe safe
bicyclists" in Honolulu use to inspire action and
change?

be well,
robkinslow




________________________________________________________________________________\
____
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Have a HUGE year through Yahoo! Small Business.
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--- In hawaiibicyclists@yahoogroups.com, "John W" <opeapea@...> wrote:
>Well, the bike law debate may seem arcane but there are consequences
to poorly worded laws.

I never stated nor do I consider bike law debates arcane, especially
when the debate is with someone who knows the law, as you do.
Debate is fine, but your first post came off as, I know the law, you
are wrong, you are confused ("So, you are completely, entirely,
emphatically wrong in your assertion that the police can ticket this
guy for violating any existing C&C ordinance. You really ought to
actually read the Revised Ordinances of Honolulu" and "Actually, you
are still confused on these issues.").  Not a welcome opening for
debate.

>You are not allowed to operate a toy bicycle
on the roadway, so if a car creams you and your bent a clever lawyer
for the driver of the car could use that to say you were at fault and,
frankly, I doubt if the judge would be impressed by you seat back
argument. I'm not raising these issues just to be funny. If I had a
bent I would certainly want to see this law changed.

As I stated before, "My bent does not meet the definition of a toy
regardless."  The bottom of the seat is currently at 25 1/4 inch and
it can raise up another 1/2 inch.  Lawyers my try this tack, but I
have found the state and federal judges here to be far more
reasonable and most likely to reject such a tactic, especially if you
argue that with any portion of the seat being higher than 25 inches,
it is not a toy.  That gives the judge additional reason to reject
the toy argument by the lawyer.

Those that wish to change the toy bicycle law to exclude all bents,
have at it.  For me, I would rather go after the mandatory bike lane
use law.  I see that as far more harmful in a court of law to
cyclist.  In three of the four court cases I have been involved in,
the defendants lawyers tried to use this law as a defense; even
though there was no bike lane at the location of their misdeeds.


>There was a mainland case where a bicycle was hit while on the
shoulder in a state that had a law similar to our old law in Hawaii
and the driver's lawyer argued that the bicycle was at fault because
he was on the shoulder. People mistakingly think we don't need to fix
the law if HPD isn't ticketing for it, but the question of liability
in an accident is an important issue.

And what was the end result of that case?  A reasonable judge would
have rejected such an argument.  Although, a jury of motorist is
another story.  A good reason cyclist are likely to do better with
non-jury cases.

>The question of whether or not you can be ticketed for parking a
bicycle to a bicycle rack for more than 24 hours is of interest to the
readers of this list I would think. I've been trying to get our
idiotic bicycle parking law changed for some time and have been
unsuccessful mostly because a certain bike/ped coordinator opposes the
change (correct me if I am wrong if you are reading this).


Between us, we were highjacking the adchopper topic.  I found that
annoying, and thus my remark "Maybe we can get back on topic of how
to put an end to Adchoppers."  You appropriately change the subject
line to "Bike Laws".  Something either of us should have done
earlier.

>There are a whole bunch of stupid laws like this - in Hawaii it is
not
legal to signal a right turn with your right hand even though nine out
of ten drivers don't have a clue what you are doing when you use the
legally approved hand turn signal.

Agreed.

>No big deal you say - think of the
clever lawyer again.

Fixing laws is fine as long as the fix is an improvement to cyclist.
Sadly, it is hard to control the legislature and prevent them from
turning a good law change into one detrimental to cyclist.  The law
change allowing cyclist use of the shoulder may be helpful to some
cyclist, but for me in court, I see it as a determent.  Very few of
the roads I ride on have a reasonably usable shoulder.  If I get hit
riding in the roadway, that same clever lawyer you speak of will
argue that I had a duty to ride on the shoulder.  I am then on the
defensive, having to prove it was unreasonable to expect me to be on
the shoulder rather than pointing out  (at least in the previous law
wording) that it was in fact illegal for me to ride on the shoulder.
See the double edged sword with the previous law and the change.
Again, thank goodness, our judges are more reasonable.

>Well, maybe I'll update the web site - mostly I should put in the
parking stuff and add in the helmet law - there haven't really been
any other changes of significance since I put it up.

Please do.  Your web page on cycling laws is outstanding.  I have
refereed the link to many new comers to the state, cycling tourist
planning to visit and web sites that link to local cycling laws.
State and City web sources are way too difficult for most users.  My
hats off to your hard work on this project.

My previous point that a web page such as this, is not sufficient for
legal use was simply intended to note that competent legal work
requires use of the laws as well as case notes and case law.

So, what is the next bike law up for debate?

It may take awhile for responses from me.  I am working off island 3
weeks each month for the rest of the year.  Much of that time I will
not have internet access.

I think the main thing to take from this discussion and to keep in mind
while out on the 'streets', 'highways', 'roadways' or 'whatever', is that
the laws cannot protect you from getting creamed and killed. Many of the
laws are stupid, short-sighted, dangerous, and wrong for bicyclists, even
though they may make sense for cars or pedestrians.

Nothing can protect you, except YOU, being proactive, using good judgement,
and IGNORING the laws that can kill you (when appropriate or necessary).
Somebody tried to take me out recently, and I dodged up onto the sidewalk; I
broke a law and saved my life.

There was a kid sitting by the side of the road the other day, and a car
actually SWERVED in order to RUN OVER AND BREAK BOTH OF HIS LEGS. That
motherfucker is riding around right now with a big grin on his face, looking
for his next chance to maim. Maybe the next swerve he takes will take out a
bicycle instead of a kid sitting by the road.

Don't let the law kill you. Ride like you have a target on your back, and
never let yourself get into a dangerous situation out of misguided respect
for the law. Hit the sidewalk when you need to.

It is interesting to note that very often, even when the bicyclist is in the
right and the car is in the wrong, the judgement of the court will favor the
car... Often the penalty for killing a bicyclist out of sheer gross criminal
negligence is a small fine and a few points...

Get angry and get scared, and let your riding reflect this. You will live
longer.

-Matt





>From: "John W" <opeapea@...>
>Reply-To: hawaiibicyclists@yahoogroups.com
>To: hawaiibicyclists@yahoogroups.com
>Subject: [hawaiibicyclists] Bike Laws
>Date: Fri, 09 Feb 2007 21:31:19 -0000
>
> > 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.
> >>
>
> > 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.
> >
>
>Well, the bike law debate may seem arcane but there are consequences
>to poorly worded laws.  You are not allowed to operate a toy bicycle
>on the roadway, so if a car creams you and your bent a clever lawyer
>for the driver of the car could use that to say you were at fault and,
>frankly, I doubt if the judge would be impressed by you seat back
>argument.  I'm not raising these issues just to be funny.  If I had a
>bent I would certainly want to see this law changed.
>
>There was a mainland case where a bicycle was hit while on the
>shoulder in a state that had a law similar to our old law in Hawaii
>and the driver's lawyer argued that the bicycle was at fault because
>he was on the shoulder.  People mistakingly think we don't need to fix
>the law if HPD isn't ticketing for it, but the question of liability
>in an accident is an important issue.
>
>The question of whether or not you can be ticketed for parking a
>bicycle to a bicycle rack for more than 24 hours is of interest to the
>readers of this list I would think.  I've been trying to get our
>idiotic bicycle parking law changed for some time and have been
>unsuccessful mostly because a certain bike/ped coordinator opposes the
>change (correct me if I am wrong if you are reading this).
>
>There are a whole bunch of stupid laws like this - in Hawaii it is not
>legal to signal a right turn with your right hand even though nine out
>of ten drivers don't have a clue what you are doing when you use the
>legally approved hand turn signal.  No big deal you say - think of the
>clever lawyer again.
>
>Well, maybe I'll update the web site - mostly I should put in the
>parking stuff and add in the helmet law - there haven't really been
>any other changes of significance since I put it up.
>
>
>
>
>
>

_________________________________________________________________
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I Have serious doubts about any involvement by the Outdoor Circle, its
members or sympathisers in the adchopper thefts. Involvement in such
activities would seriously undermine the organisation's credibility.

In simple terms, I don't think Bell is angry about the bikes being
stolen or any lost potential revenue. He probably realises that the
whole adchopper idea was a stupid one from the start. He's obviously
spent more money than he made in this whole thing and he wants his
money back for the bikes that did get stolen. As for the ones still out
there, he's going to leave them out there until they turn a profit or
they rust into the ground and fall apart. Bell probably thought it was
a good idea in the beginning. But, the sudden outcry towards this
moronic endeavor and the lack of profits likely has his panties in a
bunch with no way to dislodge his wedgie.

So, the little punk is taking it out on us.



--- In hawaiibicyclists@yahoogroups.com, "John W" <opeapea@...> wrote:
>
> You know this whole thing is so stupid it is beyond belief.  I
> subscribe to your theory that it was some Out Door circle types taking
> the Law into their own hands.
>

> 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.
>>

> 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.
>

Well, the bike law debate may seem arcane but there are consequences
to poorly worded laws.  You are not allowed to operate a toy bicycle
on the roadway, so if a car creams you and your bent a clever lawyer
for the driver of the car could use that to say you were at fault and,
frankly, I doubt if the judge would be impressed by you seat back
argument.  I'm not raising these issues just to be funny.  If I had a
bent I would certainly want to see this law changed.

There was a mainland case where a bicycle was hit while on the
shoulder in a state that had a law similar to our old law in Hawaii
and the driver's lawyer argued that the bicycle was at fault because
he was on the shoulder.  People mistakingly think we don't need to fix
the law if HPD isn't ticketing for it, but the question of liability
in an accident is an important issue.

The question of whether or not you can be ticketed for parking a
bicycle to a bicycle rack for more than 24 hours is of interest to the
readers of this list I would think.  I've been trying to get our
idiotic bicycle parking law changed for some time and have been
unsuccessful mostly because a certain bike/ped coordinator opposes the
change (correct me if I am wrong if you are reading this).

There are a whole bunch of stupid laws like this - in Hawaii it is not
legal to signal a right turn with your right hand even though nine out
of ten drivers don't have a clue what you are doing when you use the
legally approved hand turn signal.  No big deal you say - think of the
clever lawyer again.

Well, maybe I'll update the web site - mostly I should put in the
parking stuff and add in the helmet law - there haven't really been
any other changes of significance since I put it up.

--- In hawaiibicyclists@yahoogroups.com, "Duane Browning" <ddb1965@...>
wrote:
> 4. Pay to replace the cut locks and the bikes that were not
> recovered ...

That statement implies some of the stolen adchoppers were recovered by
HPD and returned to Mark Bell.  And yet he still wishes to accuse you
and others on this list when evidence likely points away from us.

You know this whole thing is so stupid it is beyond belief.  I
subscribe to your theory that it was some Out Door circle types taking
the Law into their own hands.

--- In hawaiibicyclists@yahoogroups.com, "Duane Browning"
<ddb1965@...> wrote:
>
> What's interesting here is that, shortly after the Adchoppers
> disappeared from the Downtown area, Mark Bell decided that I was
> involved in it. He sent this email to me the day after I noticed the
> bikes disappearing enmass from the Downtown area:
>

What's interesting here is that, shortly after the Adchoppers
disappeared from the Downtown area, Mark Bell decided that I was
involved in it. He sent this email to me the day after I noticed the
bikes disappearing enmass from the Downtown area:

***********
adchoppers <adchoppers@...> wrote:
Date: Fri, 05 Jan 2007 07:07:05 -0000
Subject: Re: The Adchoppers Fiasco

1. I thought you guys were smarter
2. How many surveillance cameras are in Honolulu?
3. How long does DNA stay in abc (already been chewed) gum?
4. Pay to replace the cut locks and the bikes that were not
recovered (don't worry they are not $600 each) and I will not press
charges.
***********

The email shows that he knew about my article. I'm guessing that some
one forwarded a copy of it to him. Perhaps he thought that some one,
inspired to act upon reading my post, decided to cut some locks and
steal the bikes. If that was the case, then they sure waited a long
time before they did something. The article was posted on Dec 12,
2006 and the bikes were stolen about THREE WEEKS later. So, whatever
loyal minions I am supposed to have sure took their sweet time. I
replied to Bell by saying that I didn't cut his locks or steal his
bikes and that I didn't even see it happen. Here was his response:

**********
Mark Bell <adchoppers@...> wrote:
Date: Fri, 5 Jan 2007 20:03:52 -0800 (PST)
Subject: Re: The Adchoppers Fiasco

Police Officer Laroizabal from HPD asked that you meet with him
tomorrow morning at 9:45am for questioning at the Hawaii Kai Police
Station, next to the Satellite City Hall.  He will also be asking you
to make a written statement.  You may contact Officer Laroizabal at:
395-2612.
***********

I thought it interesting that HPD would have an outsider (i.e. some
one not directly connected to the police department) convey their
wishes that I should come in for questioning. HPD simply doesn't work
that way. As some of us already know, if HPD wants to talk to you,
they call you themselves. I decided to call the substation first to
see if they really wanted to talk to me.

First, Bell got the name of the officer wrong. There is no "Officer
Laroizabal", but there is an officer whose name *SOUNDS* similar. If
Bell wants to be a conveyor of an HPD summons, he should get the
names right.

Second, the officer pointed-out that HPD would have contacted me
themselves if they had wanted to talk to me and not some one with no
authority whatsoever.

Third, I did not need to go into the station, and there seemed to be
no evidence that I was involved in the thefts. They didn't even know
that Bell had contacted me and told me to go to the substation. They
weren't exactly thrilled that Bell had done that.

When HPD finally did call me, I told them I had nothing to do with
the thefts and didn't see who did it, which is true. I was asked if I
wanted to fill-out a written statement and I declined. The officer
told me that I didn't need to make a written statement. He was
unaware of the two emails Bell sent to me and told me that he was
going to talk to him about those.

As far as the Downtown area, at least, the Adchoppers are gone and
I'm glad they're gone.

--- 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.

Actually, you are still confused on these issues.  The City and County
has jurisdiction for parking regulations on "State" highways within
the C&C, see for example 15-14.1 - many of the roads mentioned are
"State" highways.  I find it curious that the bicycle was cited under
HRS 291C-114 which doesn't prohibit anything - it just allows things
to be prohibited.  15-14-2 of the C&C ordinances reads "No person
shall stand or park a vehicle in such a manner that any portion of
such vehicle obstructs a sidewalk or portion thereof" which the C&C
has the authority to issue that ordinance under 291C-144, so I would
think the ticket should have referred to 15-14.1 as well.  In any
case, it would seem they could have ticketed it under 15-18.6 as well.

This stuff is really tricky and I encourage you to read up.  For
example, in your post you use the word highway and roadway as if they
are the same thing.  They are not in a legal sense, here is how they
are defined under HRS 291C-1 "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.
"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.

These definitions have important implications for bicyclists - we are
required to keep as far right as practicable on the Roadway.  I have
been pulled over by HPD's finest twice because I was riding in the
lane and not on the shoulder which they thought was part of the
roadway.  It isn't.  I asked them to give me a ticket so I could have
the pleasure of making fools out of them in court.  They refused.

A bicycle on a sidewalk is not on the roadway but is probably on the
highway.  I haven't updated my web page on O'ahu's bicycling laws in a
while but you may still find it useful:

http://home.earthlink.net/~opeapea/BikeLaws.htm

Here is a pop quiz to see if you read it and understood it:  Is a
recumbent bicycle a vehicle in Hawaii?  I'll post the answer in a few
days.

The land use ordinance approach does sound like a possibility and I
would think they could find a law or ordinance somewhere to stop this
clown from doing what he is doing, but there doesn't seem to be
anything in the vehicle code that will work.

--- In hawaiibicyclists@yahoogroups.com, "Bike Oahu" <bikeoahu@...> wrote:
>
> --- In hawaiibicyclists@yahoogroups.com, "John W" <opeapea@> wrote:
> >...  So, you are completely, entirely,
> > emphatically wrong in your assertion that the police can ticket this
> > guy for violating any existing C&C ordinance.
> >
> > Aloha, - John
> >
>
> My error for including the words "City property" but,your implication
> that the only laws which might apply in this situation are Revised
> Ordinances of Honolulu Sec. 15-18.6 and 15-16-8 is incorrect.  State
> laws might also apply on the roads/sidewalks under state jurisdiction
> and the director of transportation determines those regulations.
> Adchoppers has parked on these sidewalks as well.
>
> The ticket on the bicycle I saw was cited under this HRS.
>
> [§§291C-114] Parking on sidewalks. The director of transportation is
> authorized to and the counties by ordinance may with respect to
> highways under their respective jurisdictions prohibit or restrict
> the stopping, standing, or parking of vehicles on sidewalks.
>
> The bicycle was on a roadway under state jurisdiction.
>
> HPD or the City Planning and Permitting Department could cite him
> under Honolulu's Land Use Ordinance.  As noted in the news article by
> David Tanoue, City Planning and Permitting deputy director "If a
> vehicle remains parked at the same location for more than 24 hours
> with the apparent intention to be used as an outdoor advertising
> device, we can get involved."
>

--- In hawaiibicyclists@yahoogroups.com, "John W" <opeapea@...> wrote:
>...  So, you are completely, entirely,
> emphatically wrong in your assertion that the police can ticket this
> guy for violating any existing C&C ordinance.
>
> Aloha, - John
>

My error for including the words "City property" but,your implication
that the only laws which might apply in this situation are Revised
Ordinances of Honolulu Sec. 15-18.6 and 15-16-8 is incorrect.  State
laws might also apply on the roads/sidewalks under state jurisdiction
and the director of transportation determines those regulations.
Adchoppers has parked on these sidewalks as well.

The ticket on the bicycle I saw was cited under this HRS.

[§§291C-114] Parking on sidewalks. The director of transportation is
authorized to and the counties by ordinance may with respect to
highways under their respective jurisdictions prohibit or restrict
the stopping, standing, or parking of vehicles on sidewalks.

The bicycle was on a roadway under state jurisdiction.

HPD or the City Planning and Permitting Department could cite him
under Honolulu's Land Use Ordinance.  As noted in the news article by
David Tanoue, City Planning and Permitting deputy director "If a
vehicle remains parked at the same location for more than 24 hours
with the apparent intention to be used as an outdoor advertising
device, we can get involved."

--- In hawaiibicyclists@yahoogroups.com, "Bike Oahu" <bikeoahu@...> wrote:
>
> HPD has ticketed bicycles locked to a sign post in front of my office
> building because they were positioned such that it made it hard for
> the mailman to open a mail box, so they can also ticket the
> adchoppers if they chose to.
>
Actually - it is illegal in the C&C to lock your bicycle to a signpost
period, whether or not is is blocking something and whether or not it
has been there for 24 hours or longer:

* Sec. 15-18.6    Parking.*

     No person shall park a bicycle upon a street other than upon the
roadway against the curb, or upon the sidewalk in a rack to support
the bicycle, or against a building; and in such manner as to afford
the least obstruction to pedestrian traffic.


Further, the 24 hour parking limit applies only to parking "... upon
any streets within the [C&C]," so parking a bicycle off the street
does not violate the law (15-16-8).  So, you are completely, entirely,
emphatically wrong in your assertion that the police can ticket this
guy for violating any existing C&C ordinance.  You really ought to
actually read the Revised Ordinances of Honolulu (see
http://www.co.honolulu.hi.us/menu/government/gov_resources/refs/index.htm
)
before you pontificate on what they say!

Aloha, - John

Vandalism is the wrong way to solve the problem of Mark Bell's
adchoppers.
Unless HPD has evidence that the same tool or person was involved
with several of the adchoppers, then I tend to believe it was done by
a combination of kids, homeless, carelessness and incompetent
thieves.  We all know what would happen to our bikes if we left them
locked to the same rack for over a month.  HPD should understand that
as well.  The only surprise is that all of the adchoppers have not
been stolen yet.

HPD could solve the problem of the adchoppers as well.  They are
defined as vehicles under the law, vehicles parked at the same spot
of City property over 24 hours can be ticketed and abandoned notices
posted.  If not removed by the owner, then the city can remove them.
HPD has ticketed bicycles locked to a sign post in front of my office
building because they were positioned such that it made it hard for
the mailman to open a mail box, so they can also ticket the
adchoppers if they chose to.

If cyclist want to put an end to adchoppers the proper and most
effective way, then copy the ad info on each of the adchoppers.  Post
it here, other forums and pass it on to all your friends.  Then all
of us can start calling the businesses using adchoppers, telling them
how offensive and rude we find the practice and that we will refuse
to use their business and will ask all our friends and family to do
the same.

Hiya fellow Bicyclists!

I received a call today from a detective at the HPD. He called my house and
asked for Karl... He actually asked for Karl Friedrich Hieronymus Baron von
Münchhausen! (No idea how he got my phone #, I guess they Have Ways of
Making Your IP Talk...)

Anyway, my wife called me at work and gave me the number, and I called right
away to find out what was up (Karl gets lots of email but he has never
before gotten a phone call). He asked if I knew who Mark Bell was... In
honesty I had to tell him that the name rang a 'bell' but I had no idea who
that was... He (the detective) said that Mr. Bell had referred me as someone
who might have information about the recent spate of vandalism involving his
(Bell's) bicycles currently being displayed in ugly prominance on bike racks
around town...

So, the facts for your perusal:

1) Apparently someone(s) has been vandalizing the locks and the bikes
belonging to Bell.

2) Apparently Bell notified the police that he suspects that the vandals are
somehow associated with this list, or critical mass, in some unknown way
(probably as a result of the recent post from Duane)

3) The cops are looking here for suspects at the behest of Mr. Bell. The one
I talked to said he had already talked to Duane Browning and was trying to
contact other members of this list.

Just FYI they said they have some possible surveilance video of one of the
sites where vandalism occurred. (This should serve as an excellent reminder:
If you are going to vandalize something, make sure you are unrecognizable,
just in case you happen to be caught on a surveillance tape.)

I told the cop that it was just as likely to have been an old lady from the
Outdoor Circle that wracked the bikes as it was a Mass Person...

Honestly, I THOUGHT about it right after Duane's post, but I went and
checked out a few of the bikes in town, and they were so shitty looking,
rusty, and beat up, that i figured that vandalism would be redundant... they
are well on their way to rusting into the ground... None of them had
advertising, and none of them looked like something anybody would advertise
on.

Anyway, if any of you can think of a way we can LEGALLY counter Mark Bell
and his Evil, Stupid Plan to Advertise with Bicycles please share it with
the group. Perhaps chaining 'junk' rustbucket bikes to the bike racks where
his bikes are displayed? (I have several around the house). Perhaps these
bikes could have 'anti-adchoppers' propaganda signs like the signs he is
using? Perhaps they could display his home phone number for Adchopper
Ugliness Complaints?

When someone siccs the cops on me, I feel like it is time to Get Involved...
The cops have been sicced on YOU, Too! Get Involved!!!

He Has Declared War on US!!! What the Fuck Are WE Gonna Do?

Any thoughts and\or evil energy would be greatly appreciated.

PS: If you are the vandal: You Are My New Hero!!!!

a pig can walk in the mountains
a pig can walk in the sea
a pig can walk anywhere he wants
BUT NO PIG WALKS ON ME

-The Matt That The Police Call When They Want To Know What Is Up With All
The Vandalism!!!

_________________________________________________________________
Get live scores and news about your team: Add the Live.com Football Page
http://www.live.com/?addtemplate=football

heres what i wrote to mark:
mark:
your attempt to divert the aloha of Honolulu's
bicyclists and pedestrians for your own monetary ends
is doomed to failure.
where are you from? obviously, you do not know much
about Aloha or good will.
It is in your interests to remove these thorns in our
side. we all live here.
We deserve better ideas, not ones like these.
This is a small community and your name will not be
worth the costs of this attempt.
Do the right thing, Mark, remove the bikes. Take a
loss.

Robert Kinslow




________________________________________________________________________________\
____
Want to start your own business?
Learn how on Yahoo! Small Business.
http://smallbusiness.yahoo.com/r-index

One of the other messengers in town is selling some things and I am
posting the info here for anyone who might be interested.

Shimano 520 Mtn Pedals '03
rarely used and like brand new, still shined metal w/ no dirt or
scratch.
$35 or best offer

8/9/ Speed Use Shimano 2002 LX Rear Derailleur
gun metal blue. good spare for mtn or urban and maybe hybrid bike
$15

Giro (LG) Monza '03 Rd Bike Helmet
like new, used only twice. no scratches, dings, just like out of the
box
paid $100, selling $40

If interested, call Bruce at 781-4099

Who are you shilling for Aaron? You did not even mention your guys name so
we do not even know who to vote for...

I almost Mowed Down a Dickhead the other morning while riding down the pali
on the sidewalk... He was holding a sign with his own Stupid Googly-Headed
Picture on it... (don't worry it wasn't Henkin)

Politicians Are In Season! Bag One!

-Sidewalk Matt


a pig can walk in the mountains
a pig can walk in the sea
a pig can walk anywhere he wants
BUT NO PIG WALKS ON ME





>From: Aaron Hebshi <ajhebshi@...>
>Reply-To: criticalmasshonolulu@...
>To: davdi@...
>CC: criticalmasshonolulu@..., hawaiibicyclists@yahoogroups.com
>Subject: right on!
>Date: Sat, 16 Sep 2006 21:33:32 -0700 (PDT)
>
>David,
>   I'm so glad you're running! I don't know if I've ever had the chance to
>vote for someone with whom I have so much confidence to do the right thing
>for Hawaii's environment. Shoots, how many other candidates can claim that
>they've been on a Critical Mass ride of all things.
>
>   I'd love to get a couple bumper stickers - check is in the mail.
>
>   Aloha,
>Aaron
>   --------------------
>Aaron Hebshi
>1045A Kalikimaka St
>Honolulu HI 96817
>ajhebshi@...
>
>
>---------------------------------
>Yahoo! Messenger with Voice. Make PC-to-Phone Calls to the US (and 30+
>countries) for 2¢/min or less.
>
>Critical Mass - Take to the streets to make bicycling more than just a
>"transportation alternative"
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