Report Title:

Interference with Traffic Control Devices

Description:

Prohibits unauthorized persons and entities from possessing, using, or selling any device, which allows the control of any official traffic control device. (SD1)

THE SENATE

S.B. NO.

843

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INTERFERENCE WITH TRAFFIC-CONTROL DEVICES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:

"§291C-   Promoting interference with official traffic-control signals in the second degree. (a) No person shall purchase or possess a mobile infrared transmitter.

(b) Violation of this section shall be punishable by a fine of not less than $500 or more than $1,000, or a term of imprisonment not to exceed thirty days, or both.

(c) This section shall not apply to the purchase or possession of a mobile infrared transmitter by the operator, passenger, or owner of an authorized emergency vehicle, county transit vehicle, or maintenance vehicle, as designated by the State or city or county council, for use in the course of the person’s emergency duties or other authorized duties.

§291C-   Promoting interference with official traffic-control signals in the first degree. (a) No person shall sell, manufacture, import, or distribute a mobile infrared transmitter.

(b) Violation of this section shall be punishable by a fine of not less than $1,000 or more than $2,000, or a term of imprisonment not to exceed one year, or both.

(c) This section shall not apply to the sale or distribution of a mobile infrared transmitter, or the importation of a mobile infrared transmitter for sale or distribution, to operators, passengers, or owners of authorized emergency vehicles, county transit vehicles, or maintenance vehicles, as designated by the State or city or county council, for use in the course of the person’s emergency duties or other authorized duties."

SECTION 2. Section 291C-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""County transit system" means the public mass transit

service provided by the county through the use of county transit vehicles. The term includes:

(1) Regularly scheduled public mass transit service provided through the use of county transit vehicles operating over fixed routes; or

(2) Periodic or specially scheduled public mass transit service provided through the use of county transit vehicles for special events.

"County transit vehicle" means a public mass transit vehicle designed for carrying more than ten passengers and used for the transportation of persons in the county transit system, and owned by:

(1) The county; or

(2) A contractor with the county; provided that if a transit vehicle which is owned by a contractor for use in the county transit system, the transit vehicle shall be deemed a "county transit vehicle" only during use in the county transit system.

"Mobile infrared transmitter" means a device that emits an infrared beam which is intended or designed for use in controlling official traffic-control signals."

SECTION 3. Section 291C-37, Hawaii Revised Statutes, is amended to read as follows:

"§291C-37 Interference with official traffic-control devices or railroad signs or signals. (a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, [or] remove, or interfere with the operation of any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.

(b) This section shall not apply to the operator, passenger, or owner of an authorized emergency vehicle, county transit vehicle, or maintenance vehicle, as designated by the State or city or county council, in the course of the person's emergency duties or other authorized duties."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.