Highways

Many of the answers to the most frequently asked questions can found in these sections of the Hawaii Revised Statutes. However, there may be individual county specific ordinances for specific locations and these may have additional fees on a citation. These are general answers. Please consult your local police department for further guidance or legal counsel for specific cases for there may be other violations that have occurred that are not covered here.

HRS§291C-72 Pedestrians’ right-of-way in crosswalks
(https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0072.htm)

HRS§291C-73  Crossing at other than crosswalks.
(https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0073.htm)

HRS§291C-33 Pedestrian-control signals.
(https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0033.htm)

HRS§291C-74  Drivers to exercise due care.
(https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0074.htm)

FOR DRIVERS:

1).     What is the fine for drivers who violate the crosswalk law?
It starts at $150. However, the actual citation may be far more. Additional fees such as, but not limited to, administrative and driver education fees may be included depending on the county ordinances.

 In accordance to HRS§291C-72 Pedestrians’ right-of-way in crosswalks
(2)  e)  Every person who violates this section shall be subject to the following penalties:

(1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of $150;

(2)  For an infraction that occurs within one year of a prior violation of this section, a fine of $300 and revocation of the person’s driver’s license and privilege to operate a vehicle for a period of ninety days; and

(3)  For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of $1,000, and revocation of the person’s driver’s license and privilege to operate a vehicle for a period of one hundred eighty days. [L 1971, c 150, pt of §1; am L 2005, c 73, §3; am L 2007, c 125, §1]

2).     Will I receive a ticket for not stopping for a jaywalker? 
Although Section 291C-73(a) says that a pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway, in Section 291C-74 HRS, it does says that the driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the driver’s horn when necessary and shall exercise proper precaution upon observing any child.

So the answer is that although the motorist may not be given a citation for Section 291C-73(a), they may be cited for other violations. The most common citation that drivers usually get is for 291C-72(a).

3).     Where am I supposed to stop my vehicle when approaching a crosswalk?
In accordance to [§291C-63]  Vehicle entering stop or yield intersection. (a)  Preferential right-of-way at an intersection may be indicated by stop signs or yield signs.

(b)  Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.  After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the other highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

4).     After a pedestrian has passed in front of a vehicle at what point is the vehicle allowed to proceed? 
In accordance to: §291C-72  Pedestrians’ right-of-way in crosswalks.  (a)  The driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is either:

(1)  Upon the half of the roadway upon which the vehicle is traveling; or

(2)  Approaching the vehicle so closely from the opposite half of the roadway as to be in danger,

and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.

5).     When I am making a legal right turn on red but a pedestrian has entered in my direction either the crosswalk in front of me or the one I am about to drive over, do I have to wait until the pedestrian crosses past me?
Yes, in accordance to §291C-72  Pedestrians’ right-of-way in crosswalks.  (a)  The driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is either:

     (1)  Upon the half of the roadway upon which the vehicle is traveling; or

     (2)  Approaching the vehicle so closely from the opposite half of the roadway as to be in danger,

and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.

6).     If a pedestrian is already in the crosswalk but signals to let me pass, will I get a ticket?
If the pedestrian’s action is clearly visible to the officer, there is a possibility that (s)he may not give out a citation. It is best to just let the pedestrian continue their crossing so as not to appear to violate the law.

FOR PEDESTRIANS:

1).     What is the fine for pedestrians who jaywalk?
It depends on what you are being cited for. It starts at $100 in the HRS§291C-73. However, the actual citation may be for more. Additional fees such as, but not limited to, administrative and driver education fees may be included depending on the county ordinances. In the City and County of Honolulu, the HRS§291C-73 citation with may be $130 with the fees. If it’s a violation of §291C-72(b), it may start at $150 before fees.

In accordance to HRS§291C-73  Crossing at other than crosswalks.

(e)  Every person who violates this section shall be fined $100.

However, in accordance to §291C-72  Pedestrians’ right-of-way in crosswalks.:

(b)  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(e)  Every person who violates this section shall be subject to the following penalties:

(1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of $150;

(2)  For an infraction that occurs within one year of a prior violation of this section, a fine of $300 and revocation of the person’s driver’s license and privilege to operate a vehicle for a period of ninety days; and

(3)  For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of $1,000, and revocation of the person’s driver’s license and privilege to operate a vehicle for a period of one hundred eighty days. [L 1971, c 150, pt of §1; am L 2005, c 73, §3; am L 2007, c 125, §1]

 2).     Will I receive a ticket for crossing against the light? 
Yes.  If you start walking when the Don’t Walk or upraised palm starts flashing you can get a citation:

Section 291C-33(2) states don’t Walk or Upraised Palm.  No pedestrian shall start to cross the roadway in the direction of such signal, whether flashing or steady, but any pedestrian who has partially completed the pedestrian’s crossing on the Walk or Walking Person signal shall complete the crossing to a sidewalk or safety island while the Don’t Walk or upraised palm signal is showing.

3).     What do I do if I’m in the crosswalk and the “don’t walk” signal begins to flash.
If you’re already in the crosswalk when the “don’t walk” signal begins to flash, you should finish crossing the street. (HRS 291C-33(2))

4).     Do pedestrians always have the right of way legally at unlighted/mid-block crosswalks?  
Not always.

Even though it says in §291C-72  Pedestrians’ right-of-way in crosswalks.  (a)  The driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is either:

(1)  Upon the half of the roadway upon which the vehicle is traveling; or

(2)  Approaching the vehicle so closely from the opposite half of the roadway as to be in danger,

and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.

It goes on to say –  HRS§291C-72  Pedestrians’ right-of-way in crosswalks.      (b)  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.