STAND. COM. REP. NO. 482

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1636
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 1636 entitled: 

     "A BILL FOR AN ACT RELATING TO TRAFFIC ENFORCEMENT,"

begs leave to report as follows:

     The purpose of this bill is to further improve traffic
enforcement by enhancing the operations of the demonstration
projects established to apprehend drivers who run red lights or
exceed posted speed limits.

     Your Committee finds that the 1998 Legislature approved
funding for demonstration projects, using photo speed imaging
detector and red light imaging detector systems, to increase
detections of and punishments for traffic violations and that
other photo technologies are now available to produce
photographic identification of vehicles violating traffic laws.
Your Committee further finds that the delivery of traffic
violation tickets in stopped vehicles by police officers is
hazardous and increases, rather than decreases, traffic
congestion.

     This bill proposes to amend Act 234, Sessions Laws of Hawaii
1998, by allowing the use of other photo technologies, such as
hand-held or mounted video cameras, conventional cameras, and
digital cameras, other than photo speed imaging detectors and
photo red light imaging  devices, to produce photographic
identification of vehicles that illegally cross longitudinal
traffic lane markings.  This bill also proposes to establish a
system which dismisses the owner of the vehicle in question from
fault if he or she was not the driver of the vehicle at that
time.  This bill also amends the Traffic Code to allow for the
mailing of traffic citations to violators on access control roads

 
                                 STAND. COM. REP. NO. 482
                                 Page 2

 
to provide for greater enforcement of the traffic laws, reduce
the potential for accidents, and speed up traffic flow.

     Testimonies in support of this bill were heard from the
Honolulu Police Department, State Farm Insurance, and two private
citizens.  The Department of Transportation supported the intent
of the bill.  The Judiciary submitted comments.

     Your Committee has amended this bill by:

     (1)  Allowing the use of signs to prohibit crossing a dotted
          line during specified hours;

     (2)  Replacing the term "access control road" with
          "controlled access facility" for greater clarity;

     (3)  Eliminating restrictions on early morning and early
          evening use of a photo technology system to ensure more
          effective traffic enforcement;

     (4)  Clarifying that a contractor may issue a citation or
          summons with the same legal status as those mailed by
          police officers;

     (5)  Allowing the registered owner of the vehicle to rebut
          evidence of violation by submitting a written statement
          that the vehicle in question was a rental or U-drive
          vehicle; and

     (6)  Making other technical, nonsubstantive amendments for
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1636, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 1636, H.D. 1, and
be referred to the Committee on Finance.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation,



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair