Question: I am a bus commuter. Recently, a fellow passenger was “smoking” an electronic cigarette, exhaling the smokelike vapor. I felt the driver should have stopped him. Does TheBus have a policy regarding e-cigarettes?
Answer: It does now, and Oahu Transit Services plans to begin implementing it May 1.
“The Department of Transportation Services is taking the position that e-cigarette usage is prohibited on TheBus,” said DTS Director Michael Formby.
He pointed to Section 13-3.1(b)(6) of the Revised Ordinances of Honolulu, which says it is a violation for anyone on transit buses, ferries or special transit service vehicles to refuse to stop or immediately stop “carrying or possessing any flammable, combustible, explosive, corrosive, or highly toxic liquid or other substance, article or material which is likely to cause harm to others or to emit any foul or noxious dust, mist, fume, gas, vapor, or odor.”
Formby said that because e-cigarettes emit what may be perceived to be a foul or noxious mist or odor, DTS can prohibit their use. (The provision does not prohibit carrying any match or any cigar, cigarette or pipe lighter that’s not lit or smoldering.)
OTS is updating its no-smoking policy to include e-cigarettes.
The procedure for handling the situation would be the same as the one for smoking regular cigarettes, said OTS spokeswoman Michelle Kennedy. Over the next few weeks, “Prohibited on TheBus” cards will be updated to include e-cigarettes.
Bus drivers are instructed to ask passengers not to smoke, and “they usually comply,” she said.
If not, the driver will call central control, and a road supervisor will be sent to meet the bus. The passenger again will be asked to stop smoking.
“Usually at this point the passenger will comply with the request,” Kennedy said. “We have not reached the point where the police have had to be called in to assist, but that would be the next course of action.”
As part of his department’s decision to prohibit e-cigarettes on city buses, Formby also pointed to the U.S. Food and Drug Administration’s position “that the safety and efficacy of e-cigarettes have not been fully studied, and consumers have no way of knowing if e-cigarettes are safe.” See is.gd/HznXxx.
“Finally, it is reasonable that the mist emitted from e-cigarettes would be offensive to other riders within the confines of a bus,” Formby said.
E-cigarettes are not regulated by federal or state law, in most instances, although smoking the tobaccoless cigarettes is not allowed on airplanes and, by policy, in many other places. See is.gd/hs4SG5.
Question: In Manoa a paved and improved stretch of Kaloaluiki Street between Lowrey Avenue and Loi Street has “road closed” barriers at either end. Someone has roped off both sides of the street with private-property signs. Why would the city go through the time and expense to complete Kaloaluiki Street if they are keeping it closed? Do private landowners have the right to keep the public from using it to cross from one side to the other?
Answer: That part of Kaloaluiki Street is privately owned and is meant to serve six residential lots in a new subdivision. The city Department of Planning and Permitting approved the roadway extension as part of the Kaloaluiki Subdivision project submitted by owner-developer Richard S.H. Wong in 2010.
He is trying to dedicate the road to the city.
“As with all new developments, the developer pays for and installs everything before turnover to the city,” said Chris Takashige, director of the city Department of Design and Construction.
“Kaloaluiki was paved by the owner and must meet city standards both in paving construction as well as all other street improvements before the city can accept it,” he said.
He also said the developer is not obligated to make the right of way public until the dedication is completed.
MAHALO
To several angels who came to the aid of my husband after he fell on the sidewalk outside Side Street Inn in Kapahulu on March 16. He suffered a head laceration and several cuts and bruises but fortunately needed only three staples. He was more embarrassed for causing the commotion. Please know that we are very grateful for all your assistance. — Grateful Wife
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Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
