REPORT TITLE:
Motor Vehicles


DESCRIPTION:
Provides the state tort liability immunity for removal of
obstructions from state highways.  Also sets guidelines for
assistance for stranded motorists.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1767 
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HIGHWAYS.



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

 1      SECTION 1.  Chapter 264, Hawaii Revised Statutes, is amended
 
 2 by adding two new sections to be appropriately designated and to
 
 3 read as follows:
 
 4      "�264-    Removal of obstructions.  (a) Whenever used in
 
 5 this section, unless the context otherwise requires:
 
 6      (1)  "Department means the department of transportation or
 
 7           agencies authorized by that department;
 
 8      (2)  "Personal property" means personal property of any kind
 
 9           or character, including a stationary or disabled
 
10           vehicle and spilled cargo; and
 
11      (3)  "State highway" means a highway, as defined in section
 
12           286-2 that is under the jurisdiction of the department
 
13           of transportation.
 
14      (b)  Unless otherwise requested by the police to preserve a
 
15 crime or and accident scene, the department may remove personal
 
16 property from a state highway, or move it within a state highway,
 
17 without notice to or consent from the owner, carrier, or any
 
18 other person, if the department determines that the personal
 

 
Page 2                                                     1767
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 property blocks the roadway, interferes with traffic, or
 
 2 endangers public safety.  Reasonable amounts may be expended as
 
 3 necessary by the department out of the state highway fund for
 
 4 purposes of this section.
 
 5      (c)  Notwithstanding chapter 661 or 662 or any other
 
 6 provision of law to the contrary, neither the State nor the
 
 7 department and its officers and employees shall be liable for any
 
 8 personal property damages or claims of personal property damages
 
 9 resulting from:
 
10      (1)  The exercise of authority under this section, except
 
11           for damages as may result from grossly negligent,
 
12           intentional, wanton, or reckless wrongful acts or
 
13           omissions; or 
 
14      (2)  The failure to exercise authority granted under this
 
15           section.
 
16      (d)  The owner and the carrier of personal property removed
 
17 or moved under this section shall be jointly and severally liable
 
18 for reimbursing the department of transportation for costs of
 
19 removal and disposition.
 
20      (e)  The department shall report annually to the legislature
 
21 before the convening of each regular session on the expenditures
 
22 and revenues under this section. 
 

 
 
 
Page 3                                                     1767
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      �264-     Assistance for stranded motorists.  (a)  When
 
 2  necessary to protect public safety or improve traffic flow, the
 
 3 department of transportation may provide or contract for minor
 
 4 assistance to stranded motorists on highways under the
 
 5 jurisdiction of the department of transportation.  Such minor
 
 6 assistance may include but not be limited to traffic control,
 
 7 dispensing fuel, changing tires, minor mechanical work, and
 
 8 towing.  Reasonable amounts may be expended as necessary by the
 
 9 department of transportation out of the state highway fund for
 
10 purposes of this section.
 
11      (b)  The person accepting the minor assistance and the
 
12 registered owner or owners of the vehicle involved shall be
 
13 jointly and severally liable for reimbursing the department of
 
14 transportation for costs of services provided under this section.
 
15      (c)  The department of transportation shall report annually
 
16 to the legislature before the convening of each regular session
 
17 on the expenditures and revenues under this section."
 
18      SECTION 2.  New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval.