Question: I was heading east on Heulu Street and stopped at the traffic-calming circle at Heulu and Keeaumoku streets. I had proceeded into the calming circle to make a right turn onto Keeaumoku Street when a car mauka above the calming circle on Keeaumoku sped into it, almost hitting my car. The driver was visibly upset, mouthing that she had the right of way. What are the rules for the calming circle, and who has the right of way?
Answer: Hawaii Revised Statutes 291C-63 outlines the right of way at intersections, including traffic circles and/or roundabouts, which are marked with yield signs, said Michael Formby, director of the city Department of Transportation Services.
Under the statute, a vehicle already in the roundabout has the right of way over any vehicle seeking to enter the roundabout because the vehicle seeking to enter the roundabout must obey yield signs and/or yield pavement markings installed at the approaches to roundabouts, he said.
So, based on your description of the incident, you had the right of way because you had already entered the circle when the other vehicle blew through a yield sign. Had the other motorist hit you, “the collision shall be deemed prima facie evidence of the driver’s failure to yield right of way,” according to the law.
“You can see that any vehicle seeking to enter the traffic circle (roundabout) from Keeaumoku has a yield sign and should, accordingly, yield the way to any vehicle in the circle,” said Formby, citing an image from Google Street View to illustrate.
Here’s the relevant statue; the section applicable to your situation is (c):
“Hawaii Revised Statutes 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.
“(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, 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. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield right of way.”
Q: I want to report some insurance fraud going on, but I don’t want to be searching online or anything for the contact information. Is there a number to call?
A: Yes. You may call the state Insurance Fraud Investigation Branch hotline at 587-7416. Be aware, though, that you will be asked to provide specific, verifiable information in order for an investigation to progress successfully. You can take a look at the Suspected Fraudulent Claim Referral form at 808ne.ws/1omQp6s to get a sense of the type of information that is needed. When you are ready to move forward, you may also download the form, fill it out and mail it to the Hawaii Insurance Division, Insurance Fraud Investigation Branch, P.O. Box 3614, Honolulu, HI 96811.
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.
