REPORT TITLE:
Spilling Load Violations


DESCRIPTION:
Recriminalizes improperly secured load violations. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE TRAFFIC CODE.



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

 1      SECTION 1.  Section 291C-131, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (g) to read as follows:
 
 3      "(g)  [Violations] Violation of this section shall be
 
 4 considered an offense as defined in section 701-107(5), shall not
 
 5 be subject to the provisions of chapter 291D, and shall subject
 
 6 the owner or driver of the vehicle, or both, to the following
 
 7 penalties without possibility of probation or suspension of
 
 8 sentence:
 
 9      (1)  For a first violation, by[:
 
10           (A)  Suspension of the vehicle registration or
 
11                suspension of the license of the driver, or both,
 
12                for five working days;
 
13           (B)  A] a fine of not less than $250 and not more than
 
14                $500.
 
15      (2)  For a second violation involving a vehicle or driver
 
16           previously cited under this section[,] within one year:
 
17           (A)  Suspension of the vehicle registration or
 
18                suspension of the license of the driver, or both,
 
19                for not less than five working days but not more
 
20                than ten working days; and
 

 
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 1           (B)  A fine of not less than $500 and not more than
 
 2                $750.
 
 3      (3)  For a third or subsequent violation involving a vehicle
 
 4           or driver previously cited under this section within
 
 5           one year:
 
 6           (A)  Suspension of the vehicle registration or
 
 7                suspension of the license of the driver, or both,
 
 8                for a period of thirty calendar days; and
 
 9           (B)  A fine of not less than $750 and not more than
 
10                $1,000.
 
11      In imposing a fine under this subsection, the court, in its
 
12 discretion, may apportion payment of the fine between the driver
 
13 of the vehicle and the owner of the vehicle according to the
 
14 court's determination of the degree of fault for the violation.
 
15      For the purposes of this subsection, a truck-trailer
 
16 combination and tractor-semitrailer combination, as they are
 
17 defined in section 286-2, shall be considered as one vehicle."
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect on July 1, 2000.