REPORT TITLE:
Highways


DESCRIPTION:
Limits liability for rapid removal of obstructions which block or
interfere with traffic or endanger public safety on state
highways.  Authorizes towing and other minor assistance to
stranded motorists on state highways.  (SD1)

 
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                                                        2950
THE SENATE                              S.B. NO.           S.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 a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "264-    Removal of obstructions.  (a)  Whenever used in
 
 5 this section and section 264-  , unless the context otherwise
 
 6 requires:
 
 7      "Department" means the state department of transportation or
 
 8 agencies or contractors authorized by that department;
 
 9      "Personal property" means personal property of any kind or
 
10 character, including a stationary or disabled vehicle and spilled
 
11 cargo; and
 
12      "State highway" means a highway, as defined in section
 
13 286-2, that is under the jurisdiction of the state department of
 
14 transportation.
 
15      (b)  Unless otherwise requested by the police to preserve a
 
16 crime or an accident scene, the department may remove personal
 
17 property from a state highway, or move it within a state highway,
 
18 without notice to or consent from the owner, carrier, or any
 
19 other person, if the department determines that the personal
 
20 property blocks the roadway, interferes with traffic, or
 

 
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 1 endangers public safety.  Reasonable amounts may be expended as
 
 2 necessary by the department out of the state highway fund for
 
 3 purposes of this section.
 
 4      (c)  Notwithstanding chapter 661 or 662 or any other
 
 5 provision of law to the contrary, neither the State nor the
 
 6 department and its officers and employees shall be liable for any
 
 7 damages or claims of damages resulting from:
 
 8      (1)  The exercise of authority under this section, except
 
 9           for damages as may result from intentional, wanton, or
 
10           reckless wrongful acts or omissions; or
 
11      (2)  The failure to exercise authority granted under this
 
12           section.
 
13      (d)  The owner and the carrier of personal property removed
 
14 or moved under this section shall be jointly and severally liable
 
15 for reimbursing the department for costs of removal and
 
16 disposition.
 
17      (e)  The department shall report annually to the legislature
 
18 before the convening of each regular session on the expenditures
 
19 and revenues under this section."
 
20      SECTION 2.  Chapter 264, Hawaii Revised Statutes, is amended
 
21 by adding a new section to be appropriately designated and to
 
22 read as follows:
 
23      "264-    Assistance for stranded motorists.  (a)  When
 

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

 
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