STAND. COM. REP. NO. 936

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1457
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation and Intergovernmental
Affairs, to which was referred H.B. No. 1457 entitled: 

     "A BILL FOR AN ACT RELATING TO THE TRAFFIC CODE,"

begs leave to report as follows:

     The purpose of this measure is to re-classify load spilling
violations as traffic crimes, thereby assisting the court in
enforcing its mandatory license or vehicle registration
suspension.

     Testimony in support of this measure was received from the
Department of Transportation and the Judiciary.

     Your Committee finds that currently, a five-day license or
vehicle registration suspension and a $250 fine is required for
all load spilling violations.  However, pursuant to chapter 291D,
Hawaii Revised Statutes (HRS), these violations currently are
processed through the civil traffic system, which allows the
defendant to respond by written statement in lieu of a court
appearance. 

     Your Committee finds that since the defendant is not
required to appear in court for these violations, it is very
difficult for the court to effectuate its orders to suspend a
driver's licence or registration.

     Your Committee finds that in order for the court to enforce
the mandatory five-day license or vehicle registration

 
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                                   STAND. COM. REP. NO. 936
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suspension, the defendant must be present in court.
Re-classifying the load spilling violations as traffic crimes
will allow the court to require that the defendant be present in
court so that the appropriate penalties can be imposed.

     Your Committee finds that penalties for violating this
section will ensure that greater attention is directed to the
covering of truck loads, which will decrease the likelihood for
related accidents and fatalities on our streets and highways.

     As affirmed by the record of votes of the members of your
Committee on Transportation and Intergovernmental Affairs that is
attached to this report, your Committee is in accord with the
intent and purpose of H.B. No. 1457 and recommends that it pass
Second Reading and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation
                                   and Intergovernmental Affairs,



                                   ______________________________
                                   CAL KAWAMOTO, Chair

 
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