Each year legislators introduce thousands of bills, and many of them are never even heard. Some are highly controversial and obtain significant media coverage. Others slide through the process barely noticed. One such bill this session is HB 1666, the vulnerable users’ bill.

HB 1666 creates a new class of roadway user called the “vulnerable user (VU),” e.g., bicyclists, pedestrians and others basically not encased in steel. Any driver who is negligent and injures or kills a VU will be punished more than someone who hurts or kills someone encased in steel.

Proponents of this bill say we need to make this a law to “protect” VUs and that this bill will encourage people to be more aware of them. What seems to be missing from the conversation, however, is the inequity this bill creates.
Take the following situation as an example.

Two drivers are racing down a road. One driver crashes into a bicyclist, killing him. The other driver crashes into a car, killing the passenger. The same behavior creates the same outcome, but under this bill, the racer that killed the passenger would receive less punishment than the other driver.

Should our laws favor one group over another when both the negligent behavior and outcome are the same? Is one person’s life worth less simply because he or she was riding in a car or truck?

A VU law is for punishment; it does not prevent future crashes or protect anyone. What we need, in my opinion, is a total shift in attitude.  People need to remember that driving is a privilege, and with that privilege come many responsibilities. 

Each driver should exercise due care when driving, and every roadway user must also exercise due care.  We need to educate all drivers, non-drivers and even police officers about our existing laws and then enforce those laws. When someone is found guilty of violating the law, punishment should be the same if the behavior and result is the same.

The bill was deferred in the Judiciary Committee so members have time to evaluate crash statistics. Decision making is expected on February 23.

About the author: Natalie Iwasa lives in Honolulu. She is also a member of the Hawaii Bicycling League and has been advocating on behalf of bicyclists for more than five years.