STAND. COM. REP. NO. 159

Honolulu, Hawaii

, 2005

RE: H.B. No. 1324

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 1324 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

The purpose of this bill is to protect the health, safety, and welfare of the general public. Among other things, this bill:

(1) Establishes a photo red light imaging detector systems program to improve enforcement of traffic-signal laws;

(2) Allows county implementation of photo red light imaging detector systems programs;

(3) Authorizes fines collected under county-administered programs to be deposited into a general fund account; and

(4) Authorizes funds from this general fund account to be expended in the county in which the fine was collected for the establishment, operation, management, and maintenance of a photo red light imaging detector systems program.

 

The Department of Transportation, Honolulu Police Department (HPD), Hawaii Insurers Council, Downtown Neighborhood Board No. 18, and a concerned individual testified in support of this bill. The Department of the Prosecuting Attorney of the City and County of Honolulu (Prosecutor) and State Farm Mutual Automobile Insurance Company supported the intent of the measure. Superstar Hawaii Transit Service and a concerned individual opposed the bill. The Office of Information Practices submitted comments.

Your Committee finds that the prevalence of drivers violating Hawaii's traffic-signal laws, especially on the island of Oahu, has become intolerable. These violations endanger the lives of motorists and pedestrians and compound the already hazardous conditions on Hawaii's roads and highways. Many senseless tragedies occur nationwide and on Hawaii's roadways because of drivers running red lights. This measure will help curb such dangerous activities in Hawaii and protect the health, safety, and welfare of the people of this state.

However, your Committee understands the concerns raised by the Prosecutor that citations will only be deliverable to the registered owner of the vehicle and not the operator of the vehicle at the time a violation occurs. Your Committee also realizes that HPD needs time to study possible systems for implementation and that delivery of and response to summons or citations may take additional time.

Accordingly, your Committee has amended this measure by:

(1) Requiring that evidence that a vehicle was operated in violation of traffic-signal laws as determined by a photo red light imaging detector system, together with proof that the person to whom the summons or citation was sent was the registered owner, rather than the operator, of the vehicle at the time of violation, shall constitute prima facie evidence that the registered owner, rather than the operator, of the motor vehicle was the person who committed the violation;

(2) Clarifying that a summons or citation for violating this section may be sent within 72 rather than 48 hours;

 

(3) Requiring that a district court issue a notice of entry of judgment of default to the registered owner of the vehicle if an individual does not respond to a summons or citation within 21, rather than 15, days upon receipt of the summons or citation;

(4) Changing the effective date to July 1, 2006; and

(5) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1324, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1324, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair