Report Title:

Speeding in school and construction zones

 

Description:

Provides for triple penalties for speeding in school and construction zones.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

891

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to speeding.

 

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

SECTION 1. The legislature finds that speeding in school and construction zones pose hazards for school children and workers at construction sites. In the past few years, several children have been killed while walking to and from school. Last year, the legislature enacted a measure to prohibit speeding in construction zones. Speeding in school zones is currently regulated by county ordinance. The purpose of this Act is to discourage speeding in school and construction zones by tripling the penalties.

SECTION 2. Section 291C-104, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-104[]] Speeding in a construction area[.] or a school zone. (a) No person shall drive a motor vehicle at a speed greater than the maximum speed limit established pursuant to subsection (b) within a construction area. No person shall drive a motor vehicle at a speed greater than the maximum speed limit established pursuant to county ordinance within a school zone. Appropriate law enforcement personnel may enforce the maximum speed limits established for construction areas[.] or school zones.

(b) Notwithstanding section 291C-102, the director of transportation and the counties, in their respective jurisdictions, shall establish maximum speed limits for construction areas, and shall require the owner, general contractor, or other person responsible for construction to provide proper signs in that area.

Signs posted pursuant to this subsection shall be plainly visible at all times under ordinary traffic conditions.

(c) Any person who violates this section shall be fined in an amount that is triple that of the applicable fine specified in section 291C-161(b).

[(c)] (d) For purposes of this section, the term "construction area" includes any area in which there is occurring the installation, construction, or demolition of connections for streets, roads, driveways, concrete curbs and sidewalks, structures, drainage systems, landscaping, or grading within the highway rights-of-way, including aboveground and underground utility work, excavation and backfilling of trenches or other openings in state highways, the restoration, replacement, or repair of the base course, pavement surfaces, highway structures, or any other highway improvements.

[(d)] (e) The director shall adopt rules pursuant to chapter 91 as may be necessary to implement this section.

SECTION 3. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Except as provided in subsection (c) every person who violates any provision of this chapter for which another penalty is not provided shall be fined:

(1) Not more than $200 for a first conviction thereof;

(2) Not more than $300 for conviction of a second offense committed within one year after the date of the first offense; and

(3) Not more than $500 for conviction of a third or subsequent offense committed within one year after the date of the first offense;

provided that upon a conviction for a violation of section 291C-12, 291C-12.5, 291C-12.6, [or] 291C-95, or 291C-104, the person shall be sentenced in accordance with that section."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

 

 

 

 

INTRODUCED BY:

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