Report Title:

Motor Vehicle; Tire Blowouts ; Highway Safety

Description:

Requires truck drivers to report recapped tire blowouts occurring on the highway to the highways division of the department of transportation within one hour of the blowout; imposes fine for failure to report blowout within one hour.

HOUSE OF REPRESENTATIVES

H.B. NO.

889

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to highway safety.

 

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

SECTION 1. The legislature finds that debris left on the highways from tire blowouts contributes to hazardous traffic conditions. The problem is especially critical and frequent with the large recapped tires used by property-carrying trucks, house trailers, and truck-trailer or tractor-trailer combinations.

The legislature further finds that enforcement of highway litter laws with respect to tire debris is difficult because incidents are not reported, witnesses are unavailable, and the likelihood of a police officer being present to witness the event is extremely slight. Additionally, cleanup of the debris in the midst of highway traffic by drivers experiencing blowouts may be extremely hazardous to the driver and oncoming motorists alike. Clearly, prompt notification of the blowout and tire debris to persons experienced and equipped to do the cleanup skillfully and safely is required.

The purpose of this Act is to promote traffic safety by ensuring that drivers of property-carrying trucks, house trailers, and truck-trailer or tractor-trailer combinations promptly report recapped tire blowouts to appropriate cleanup personnel so that any resulting tire debris will be quickly and safely removed from the highways.

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C- Tire blowouts. (a) The driver of a truck, truck-tractor, truck-trailer combination, or tractor-semitrailer combination, as these terms are defined in section 286-2, or a house trailer, that has a recapped tire blowout on a highway shall report the blowout by telephone or in person to the highways division of the state department of transportation within one hour following the blowout.

(b) A report under subsection (a) shall include the following information:

(1) Name, residence address, and social security number of the driver, and employer, if any;

(2) License plate number of the truck;

(3) Location of the blowout, including the name of the highway and proximity of the blowout to intersections or other landmarks; and

(4) Information on the amount of tire debris, if any, on the highway resulting from the blowout.

(c) A person other than the driver under subsection (a) may make a report to the highways division of the state department of transportation containing the information in subsection (b). If a report is made under this subsection and if the driver does not report the blowout within one hour pursuant to subsection (a), the department of transportation shall notify the county police department in which the blowout occurred, giving the information under subsection (b).

(d) Failure of the driver to report as required under subsection (a) shall be considered a violation pursuant to section 701-107(5), shall not be subject to the provisions of chapter 291D, and shall subject the owner or driver of the truck, or both, to a fine of not less than $250 and not more than $500.

In imposing a fine under this subsection, the court, in its discretion, may apportion payment of the fine between the driver of the truck and the owner of the truck according to the court's determination of the degree of fault for the violation."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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