Report Title:

Highways; Liability

 

Description:

Authorizes and limits agency liability for rapid removal of obstructions which block or interfere with traffic or endanger public safety on state highways, and authorizes towing and other minor assistance to stranded motorists on state highways. (SD1)

 

THE SENATE

S.B. NO.

1201

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAYS.

 

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

SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§264- Removal of obstructions. (a) Whenever used in this section and section 264- , unless the context otherwise requires:

"Department" means the state department of transportation or state and county agencies or contractors authorized by that department.

"Personal property" means personal property of any kind or character, including a stationary or disabled vehicle and spilled cargo.

"State highway" means a public street, road, or highway, as defined in section 291-1, that is under the jurisdiction of the department.

(b) Unless otherwise requested by the police to preserve a crime or accident scene, the department may move or remove personal property that is on or within a state highway, without prior notice to or consent from the owner, carrier, or any other person, if the department determines that the personal property blocks the state highway, interferes with traffic, or endangers public health or safety. Reasonable amounts may be expended, as necessary, by the department out of the state highway fund for purposes of this section.

(c) Notwithstanding chapter 661 or 662 or any other provision of law to the contrary, neither the State, nor the department and its officers and employees, shall be liable for:

(1) Any claims of damage to personal property resulting from the exercise of the authority granted by this section, except for damages that result from gross negligence, or reckless, wilful, wanton, or intentionally wrongful acts or omissions by the department, its authorized agents, contractors, or employees; or

(2) Any claims of damage to personal property resulting from the department's failure to exercise the authority granted under this section.

(d) The owner or other person or entity responsible for the personal property, that is moved or removed under this section, shall be jointly and severally liable for reimbursing the department for all costs related to or arising from the removal and disposition of such personal property.

§264- Assistance for stranded motorists. (a) When necessary to protect public safety or improve traffic flow, the department may provide or contract for the provision of assistance to stranded motorists on state highways. Such assistance may include, but is not limited to, dispensing fuel, changing tires, minor mechanical work, and towing. Reasonable amounts may be expended by the department, as necessary, out of the state highway fund for the purposes of this section.

(b) Neither the State, nor the department and its officers and employees, shall be liable for any claims of damage to personal property resulting from the department's failure to exercise the authority granted under this section.

(c) The person receiving the assistance, and the registered owner of the vehicle involved, shall be jointly and severally liable for reimbursing the department for all costs of services provided under this section.

(d) The department shall report annually to the legislature before the convening of each regular session on the expenditures and revenues under this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.