Traffic Accidents

Replaces the term traffic "accident" with the term traffic

THE SENATE                              S.B. NO.           2643
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to amend part II of
 2 chapter 291C which relates to accidents and accident reports by
 3 replacing the term "accident" with the term "collision".
 4      The use of the current term "accident" in the traffic code
 5 implies that motor vehicle crashes are unpredictable or
 6 unpreventable events.  However, the overwhelming proportion of
 7 these crashes are the predictable or preventable result of human
 8 action or inaction.  Additionally, since the term "accident"
 9 implies a lack of intent, crashes involving intentional behavior
10 are not covered by offenses in this part which conflicts with an
11 important public policy regarding the provision of prompt
12 assistance to crash victims in order to minimize their injuries.
13 For this reason, this Act proposes to replace the term "accident"
14 with the term "collision" which denotes only that a vehicle
15 contacted or struck another object.
16      In addition, this Act deletes the requirement in section
17 291C-13 that the motor vehicle crash result only in damage to a
18 vehicle or other property.  Due to the fact that some drivers or

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 1 passengers may not report or experience pain at the time of the
 2 crash, this restriction has caused problems in charging cases.
 3 Deletion of this requirement will provide greater flexibility in
 4 charging cases where there is damage to vehicles or property.
 5      SECTION 2.  The title to part II of chapter 291C, and
 6 sections 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14,
 7 291C-16, 291C-17, 291C-19, and 291C-20, Hawaii Revised Statutes,
 8 are amended by substituting the word "collision" or like terms,
 9 wherever the word "accident" or like terms appears, as the
10 context requires.
11      SECTION 3.  Section 291C-15, Hawaii Revised Statutes, is
12 amended to read as follows:
13      "[[]291C-15[]]  Duty upon striking unattended vehicle or
14 other property.  The driver of any vehicle which [collides with
15 or] is involved in [an accident] a collision with any vehicle or
16 other property which is unattended resulting in any damage to the
17 other vehicle or property shall immediately stop and shall then
18 and there either locate and notify the operator or owner of such
19 vehicle or other property of the driver's name, address, and the
20 registration number of the vehicle the driver is driving or shall
21 attach securely in a conspicuous place in or on such vehicle or
22 other property a written notice giving the driver's name,

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                                     S.B. NO.           2643

 1 address, and the registration number of the vehicle the driver is
 2 driving and shall without unnecessary delay notify the nearest
 3 police office.  Every such stop shall be made without obstructing
 4 traffic more than is necessary."
 5      SECTION 4.  Statutory material to be repealed is bracketed.
 6 New statutory material is underscored.
 7      SECTION 5.  This Act shall take effect upon its approval.
 9                              INTRODUCED BY:______________________