Report Title:

Traffic Offenses; Accident; Collision

 

Description:

Replaces the term "accident" with the term "collision" in part II of chapter 291C; deletes requirement in section 291C-13 that motor vehicle crash result only in damage to vehicle or property.

 

THE SENATE

S.B. NO.

1517

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to traffic offenses.

 

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

SECTION 1. The purpose of this Act is to amend part II of chapter 291C, Hawaii Revised Statutes, which relates to accidents and accident reports by replacing the term "accident" with the term "collision".

The use of the current term "accident" in the traffic code implies that motor vehicle crashes are unpredictable or unpreventable events. However, the overwhelming proportion of these crashes are the predictable or preventable result of human action or inaction. Additionally, since the term "accident" implies a lack of intent, crashes involving intentional behavior are not covered by offenses in this part which conflicts with an important public policy regarding the provision of prompt assistance to crash victims in order to minimize their injuries. For this reason, this Act replaces the term "accident" with the term "collision" which denotes only that a vehicle contacted or struck another object.

In addition, this Act deletes the requirement in section 291C-13, Hawaii Revised Statutes, that the motor vehicle crash result only in damage to a vehicle or other property. Due to the fact that some drivers or passengers may not report or experience pain at the time of the crash, this restriction has caused problems in charging cases. Deletion of this requirement will provide greater flexibility in charging cases where there is damage to vehicles or property.

SECTION 2. The title to part II of chapter 291C, and sections 291C-12, 291C-12.5, 291C-12.6, 291C-14, 291C-15,

291C-16, 291C-17, 291C-19, and 291C-20, Hawaii Revised Statutes, are amended by substituting the word "collision" or like term, wherever the word "accident" or like term appears, as the context requires.

SECTION 3. Section 291C-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-13[]] [Accidents] Collisions involving damage to vehicle or property. The driver of any vehicle involved in an [accident] collision resulting [only] in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of the [accident] collision or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of the [accident] collision until the driver has fulfilled the requirements of section 291C-14. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or to comply with the requirements of this section under such circumstances shall be fined not more than $100 or imprisoned not more than ten days for a first conviction; fined not more than $200 or imprisoned not more than twenty days, or both, for a second conviction within one year of a first conviction; and fined not more than $500 or imprisoned not more than six months, or both, for a third conviction within one year of a first conviction."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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