REPORT TITLE:
Traffic Offenses


DESCRIPTION:
Increases the monetary penalties for reckless driving, failing to
stop for a pedestrian in a crosswalk, and speeding; provides for
mandatory license revocation for leaving the scene of an accident
and for the third offense of failing to stop for a pedestrian in
a crosswalk.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2504
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC OFFENSES. 


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

 1      SECTION 1.  The legislature finds that Hawaii drivers have
 
 2 become increasingly heedless and reckless on the road, resulting
 
 3 in endangering lives, damaging property, and causing death in
 
 4 some instances.  The legislature further finds that a strong
 
 5 deterrent to careless driving is to stiffen the penalties for
 
 6 reckless driving, speeding, and leaving the scene of an accident,
 
 7 and to establish a penalty for failing to stop for pedestrians in
 
 8 a crosswalk.
 
 9      The legislature believes that the Honolulu police department
 
10 and the prosecuting attorney of the city and county of Honolulu
 
11 are hesitant to prosecute cases of reckless driving that do not
 
12 involve a pedestrian in a crosswalk.  In 1999, two pedestrian
 
13 deaths occurred on crosswalks on Pali Highway:  on December 2, an
 
14 eighty year old man was killed trying to cross the Highway at
 
15 Jack Lane, and on June 13, an ninety year old woman was killed
 
16 while crossing at Niolopa Place.  In fact, from 1994 to September
 
17 1999, five people were killed and 242 people were injured along
 
18 the six-lane Pali Highway between Waokanaka and Wyllie streets.
 
19      The purpose of this Act is to ensure and promote the public
 

 
Page 2                                                     
                                     S.B. NO.           2504
                                                        
                                                        

 
 1 safety by increasing the penalties for reckless driving, failing
 
 2 to stop for a pedestrian in a crosswalk, speeding, and for
 
 3 leaving the scene of an accident.
 
 4      SECTION 2.  Section 291-2, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "291-2  Reckless driving of vehicle or riding of animals;
 
 7 penalty.  Whoever operates any vehicle or rides any animal
 
 8 recklessly in disregard of the safety of persons or property is
 
 9 guilty of reckless driving of vehicle or reckless riding of an
 
10 animal, as appropriate, and shall be fined not more than [$1,000]
 
11 $2,000 or imprisoned not more than thirty days, or both."
 
12      SECTION 3.  Section 291C-12, Hawaii Revised Statutes, is
 
13 amended by amending subsection (c) to read as follows:
 
14      "(c)  The license or permit to drive and any nonresident
 
15 operating privilege of the person so convicted shall be
 
16 immediately revoked."
 
17      SECTION 4.  Section 291C-12.5, Hawaii Revised Statutes, is
 
18 amended by amending subsection (b) to read as follows:
 
19      "(b)  Any person who violates subsection (a) shall be guilty
 
20 of a class C felony[.] and the license or permit to drive and any
 
21 nonresident operating privilege of the person so convicted shall
 
22 be immediately revoked." 
 
23      SECTION 5.  Section 291C-12.6, Hawaii Revised Statutes, is
 

 
Page 3                                                     
                                     S.B. NO.           2504
                                                        
                                                        

 
 1 amended by amending subsection (b) to read as follows:
 
 2      "(b)  Any person who violates subsection (a) shall be guilty
 
 3 of a misdemeanor[.] and the license or permit to drive and any
 
 4 nonresident operating privilege of the person so convicted shall
 
 5 be immediately revoked."
 
 6      SECTION 6.  Section 291C-13, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]291C-13[]]  Accidents involving damage to vehicle or
 
 9 property.  (a)  The driver of any vehicle involved in an accident
 
10 resulting only in damage to a vehicle or other property which is
 
11 driven or attended by any person shall immediately stop such
 
12 vehicle at the scene of the accident or as close thereto as
 
13 possible, but shall forthwith return to and in every event shall
 
14 remain at the scene of the accident until the driver has
 
15 fulfilled the requirements of section 291C-14.  Every such stop
 
16 shall be made without obstructing traffic more than is necessary.  
 
17      (b)  Any person [failing to stop or to comply with the
 
18 requirements of this section under such circumstances] who
 
19 violates subsection (a) shall be fined not more than $100 or
 
20 imprisoned not more than ten days for a first conviction; fined
 
21 not more than $200 or imprisoned not more than twenty days, or
 
22 both, for a second conviction within one year of a first
 
23 conviction; and fined not more than $500 or imprisoned not more
 

 
Page 4                                                     
                                     S.B. NO.           2504
                                                        
                                                        

 
 1 than six months, or both, for a third conviction within one year
 
 2 of a first conviction[.], and after any violation of this
 
 3 section, the license or permit to drive and any nonresident
 
 4 operating privilege of the person so convicted shall be
 
 5 immediately revoked."  
 
 6      SECTION 7.  Section 291C-72, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a)  When traffic-control signals are not in place or not
 
 9 in operation the driver of a vehicle shall yield the right of
 
10 way, slowing down or stopping if need be to so yield, to a
 
11 pedestrian crossing the roadway within a crosswalk when the
 
12 pedestrian is upon the half of the roadway upon which the vehicle
 
13 is traveling, or when the pedestrian is approaching so closely
 
14 from the opposite half of the roadway as to be in danger.
 
15 Violation of this subsection shall be punishable as follows:
 
16      (1)  For the first offense, a fine of $300;
 
17      (2)  For the second offense, a fine of $400; and
 
18      (3)  For the third offense, a fine of $1,000 and immediate
 
19           license revocation." 
 
20      SECTION 8.  Section 291C-102, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "291C-102  Noncompliance with speed limit prohibited.(a)
 
23 No person shall drive a vehicle at a speed greater than a maximum
 

 
Page 5                                                     
                                     S.B. NO.           2504
                                                        
                                                        

 
 1 speed limit and no person shall drive a motor vehicle at a speed
 
 2 less than a minimum speed limit established by county ordinance.
 
 3      (b)  The director of transportation with respect to highways
 
 4 under the director's jurisdiction may place signs establishing
 
 5 maximum speed limits or minimum speed limits.  Such signs shall
 
 6 be official signs and no person shall drive a vehicle at a speed
 
 7 greater than a maximum speed limit and no person shall drive a
 
 8 motor vehicle at a speed less than a minimum speed limit stated
 
 9 on such signs.
 
10      (c)  Violation of subsection (a) shall be punishable as
 
11 follows:
 
12      (1)  For the first offense, a fine of $300;
 
13      (2)  For the second offense, a fine of $400; and
 
14      (3)  For the third and each subsequent offense, a fine of
 
15           $1,000."
 
16      SECTION 9.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 10.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________