Report Title:

Racing on Highways

 

Description:

Provides different categories of penalties for those with prior convictions for racing; increases fines. (SB2337 HD1)

THE SENATE

S.B. NO.

2337

TWENTY-FIRST LEGISLATURE, 2002

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to racing on highways.

 

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

SECTION 1. The legislature finds that there have been numerous incidents in which drivers have been racing their vehicles on public highways and streets. The effects of street racing range from the inconvenience of traffic jams or slowdowns, as friends of the racers sometimes use their vehicles to hold back traffic so that the roadway is cleared for the racers, to endangering the property and lives of the racers as well as innocent motorists and their passengers.

The purpose of this Act is to deter racing on highways by strengthening penalties, including the suspension of a driver’s license upon conviction.

SECTION 2. Section 291C-103, Hawaii Revised Statutes is amended to read as follows:

"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test or exhibition prohibited by this section.

[(b) "Drag race" means the operation of two or more vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

(c) "Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

(d) "Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle’s tires which is done to intentionally draw the attention of persons present toward the vehicle.]

(b) No person shall aid or attempt to aid another person in planning or committing an offense under this section.

[(e)] (c) Any person who violates this section, except [subsection (d),] a violation by the exhibition of speed or acceleration, shall be [fined not more than $500 or imprisoned not more than six months, or both.] sentenced as follows:

(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section other than the exhibition of speed or acceleration:

(A) A three-month license suspension; and

(B) A fine of $500 or a term of imprisonment of not more than thirty days, or both;

(2) For an offense that occurs within five years of a prior conviction under this section other than the exhibition of speed or acceleration:

(A) One-year license suspension; and

(B) A fine of $1,000 or a term of imprisonment of not more than sixty days, or both;

and

(3) For an offense that occurs within five years of two prior convictions under this section other than the exhibition of speed or acceleration:

(A) A three-year license suspension; and

(B) A fine of $1,500 or a term of imprisonment of not more than six months, or both.

(d) Any person who violates [subsection (d)] this section by the exhibition of speed or acceleration shall be fined not more than $500 or be sentenced to perform community service, or both.

(e) As used in this section:

"Drag race" means the operation of two or more vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle’s tires which is done to intentionally draw the attention of persons present toward the vehicle.

"Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle, or to test the physical stamina or endurance of drivers over long distance driving routes."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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.