Report Title:

Sleeping in Parked Cars

 

Description:

Repeals prohibition against certain uses of parked vehicles including human habitation and sleeping.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1260

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the traffic code.

 

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

SECTION 1. The legislature finds that current law prohibits living or sleeping in parked vehicles between 6:00 p.m. and 6:00 a.m. while the vehicle is parked on any roadway, street, or highway or other public property, or on private property without permission from the property owner. The legislature finds that the plight of the homeless is dire enough without this onerous restriction. It is particularly perverse to prohibit living or sleeping in parked vehicles, otherwise legally parked, precisely during the hours when people need to sleep. In effect, for a homeless person to abide by this law, the person would need to either leave the vehicle at night, or remain in the vehicle but remain awake from 6:00 p.m. to 6:00 a.m. However, there is no point in differentiating between living in and sleeping in such an otherwise legally parked vehicle – otherwise the legislature would be legislating when a homeless person can or cannot sleep.

The legislature finds that if a vehicle is otherwise legally parked, there should be no restriction on its use by the occupants of the vehicle as to living in or sleeping in the vehicle. If the parked vehicle causes a traffic problem, the problem should stem from being parked illegally – which is addressed elsewhere in the traffic laws – and not from its use for sleeping. The purpose of this Act is to repeal section 291C-112, Hawaii Revised Statutes, which prohibits living in or sleeping in otherwise legally parked vehicles.

SECTION 2. Section 291C-112, Hawaii Revised Statutes, is repealed.

["§291C-112 Certain uses of parked vehicles prohibited between 6:00 p.m. and 6:00 a.m.; definition; exceptions. (a) No person shall use any vehicle for purposes of human habitation, whether or not the vehicle is designed or equipped for that purpose, while the vehicle is parked on any roadway, street, or highway or other public property between the hours of 6:00 p.m. and 6:00 a.m. or while the vehicle is parked on private property without authorization of the owner or occupant authorizing both the parking of the vehicle there and its use for purposes of human habitation.

(b) As used in this section "purposes of human habitation" includes use as a dwelling place, living abode, or sleeping place.

(c) This section does not apply to the parking of vehicles and their use for purposes of human habitation in parks, camps, and other recreational areas in compliance with law and applicable rules and regulations, or under emergency conditions in the interest of vehicular safety.

(d) The department of health shall promulgate rules and regulations, pursuant to chapter 91, necessary for the administration of this section."]

SECTION 3. Statutory material to be repealed is bracketed and stricken.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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