HOUSE OF REPRESENTATIVES

H.B. NO.

1033

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE OPERATION OF MOTOR VEHICLES.

 

 

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

 


SECTION 1. The legislature finds that according to data from the National Highway Traffic Safety Administration, alcohol-impaired driving was a factor in forty-four of the one hundred traffic fatalities that occurred in Hawaii in 2011.

The use of technology is one possible mechanism for reducing alcohol-related collisions. The State of New Mexico recently released ENDWI (which presumably stands for "End Driving While Intoxicated"), a free smartphone application that allows users to estimate their ability to drive through tests for responsiveness. Further, such software facilitates calls for assistance from friends, family members, and taxi companies for rides home. Moreover, and most importantly, the program allows third parties to report their observations of erratic drivers instantly.

The purpose of this Act is to require the department of transportation to develop a similar software application for users in Hawaii.

SECTION 2. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"291E-   Software to reduce collisions caused by intoxicated operators. (a) Before July 1, 2015, the director of transportation shall adopt administrative rules in accordance with chapter 91 providing for the creation and maintenance of a mobile telephone software application that shall be designed to be a useful tool in preventing and discouraging intoxicated persons from operating motor vehicles. The software, at a minimum, shall have the capacity to:

(1) Accurately estimate a user's ability to operate a motor vehicle through the use of tests for mental and physical responsiveness, questions about the types and number of alcoholic beverages that the user has consumed, or other reasonably effective measures;

(2) Allow a user, in an effectively instantaneous manner, to be in contact with friends, family members, and taxicab companies for transportation assistance; and

(3) Allow a user, in an effectively instantaneous manner, to inform law enforcement about his or her observations of erratic operators of motor vehicles.

(b) The software created pursuant to this chapter and its corresponding administrative rules shall not measure any person's blood or breath alcohol concentration, but shall instead give an indication of the extent of the user's impaired ability to operate a motor vehicle.

(c) The department of transportation shall submit an annual report to the legislature no later than twenty days prior to the convening of each of the 2016, 2017, 2018, and 2019 regular sessions which, at a minimum, shall:

(1) State the status of any pending amendments to the administrative rules described in subsection (a);

(2) Provide a fair and accurate estimate of the cost of the creation of the software application, if the application has not been created;

(3) Provide an analysis of the effectiveness of the software in the prevention of the operation of motor vehicles by intoxicated persons; and

(4) Make recommendations for the amendment of this section, if any amendments are warranted.

SECTION 3. New statutory material is underscored.

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

 

INTRODUCED BY:

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Report Title:

Smartphone Application to Prevent Impaired Driving

 

Description:

Requires the department of transportation to create rules that will establish the creation and maintenance of smartphone software that will help prevent intoxicated persons from operating motor vehicles, and to facilitate the ability of observers to report erratic operators of motor vehicles.

 

 

 

 

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