Report Title:

Highways; Gov't Liability

 

Description:

Limits the liability of the State and counties by providing that these entities do not have a duty to compensate for vehicles that are speeding more than five miles per hour faster than the speed limit or speed advisory, whichever is less, nor do these entities have a duty to compensate when vehicles are driven by intoxicated person. Limits liability of public utilities in highways. (SD1)

 

THE SENATE

S.B. NO.

995

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to litigation highways.

 

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

SECTION 1. Chapter 662, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§662-   Duty of State limited in highway cases generally. The State of Hawaii owes no duty to make a highway reasonably safe for:

(1) Vehicles traveling in excess of the speed limit unless the speed is within ten miles per hour of the speed limit or the speed advisory, whichever is less; or

(2) Vehicles driven by an individual who is under the influence of intoxicating liquor as determined under section 291-4 or 291-4.4 or driving under the influence of drugs as determined under section 291-7.

§662-   Duty of State limited in highway cases to those who exercise reasonable care in driving upon them. The State of Hawaii's duty to make its highways reasonably safe for vehicles traveling upon them is limited to those drivers who exercise reasonable care in driving upon them. The State of Hawaii shall not owe a duty to make its highways reasonably safe for drivers who are asleep at the wheel, who are intoxicated, or who otherwise lose control of their vehicles because of their failure to exercise reasonable care in driving their vehicles.

§662-   Duty of counties limited in highway cases. The duty of the counties of this State in tort cases involving highways shall be limited to the same extent as the duty of the State of Hawaii is limited under section 662-  ."

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-   Liability of public utility companies limited in highway cases. Public utility companies that place and maintain their facilities on or in the public right of way pursuant to rules and regulations of the State or its counties shall not be liable for damages to parties to whom the State or county owes no duty pursuant to section 662-   or 662-  ."

SECTION 3. New statutory material is underscored.

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