Report Title:

Traffic Enforcement

 

Description:

Requires the traffic enforcement demonstration project to take clear photos of the operators of motor vehicles, thereby positively identifying the operators, before issuing citations.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1851

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to traffic enforcement.

 

 

 

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

SECTION 1. Section 12 of Act 234, Session Laws of Hawaii 1998, as amended by Act 263, Session Laws of Hawaii 1999, is amended to read as follows:

"SECTION 12. Prima facie evidence.

(a) Whenever [a citation for violation of chapter 291C, Hawaii Revised Statutes, is issued pursuant to section 291C-165, Hawaii Revised Statutes, or whenever] a photo red light imaging system, photo technology system, or photo speed imaging detector system determines a motor vehicle to be in violation of section 291C-102, 291C-38(c), or 291C-32(a)(3), Hawaii Revised Statutes, as applicable, evidence that the motor vehicle described in the citations or summons issued pursuant to this Act was operated in violation of those sections of the Hawaii Revised Statutes, together with proof that the person to whom the summons or citation was sent was the registered owner of the motor vehicle at the time of the violation, and together with a clear photograph of the operator of the motor vehicle, shall constitute prima facie evidence that the registered owner of the motor vehicle was the person who committed the alleged violation.

(b) The registered owner of the vehicle may rebut the prima facie evidence in subsection (a) by:

(1) Submitting a written statement as provided in section 291D-6(b)(2), Hawaii Revised Statutes; [provided that, if the registered owner alleges that another person was operating the vehicle at the time of the alleged violation, then the registered owner shall submit a declaration under penalty of perjury signed by both the registered owner and the vehicle operator. The declaration shall state the name, current address, and driver's license number of the vehicle operator at the time of the alleged violation along with the date, time, place, and nature of the alleged violation. Within forty-eight hours of receiving this information contained in the declaration, the contractor or the appropriate county police department shall cause a summons or citation to be mailed to the operator as provided in section 291C-165, Hawaii Revised Statutes, or section 10 of this Act;]

(2) Testifying in open court under oath that the registered owner was not the operator of the vehicle at the time of the alleged violation, in which case the court will examine the photograph of the operator of the motor vehicle and determine whether the photograph matches the physical features of the registered owner [, in which case the registered owner shall submit to the court a declaration under penalty of perjury signed by both the registered owner and the vehicle operator. The declaration shall state the name, current address, and driver's license number of the vehicle operator at the time of the alleged violation along with the date, time, place, and nature of the alleged violation. Within forty-eight hours of receiving this information, the contractor or the appropriate county police department shall cause a summons or citation to be mailed to the operator as provided in section 291C-165, Hawaii Revised Statutes, or section 10 of this Act] ;

(3) Presenting, prior to the return date established on the citation or summons issued pursuant to this Act, a letter of verification of loss from the police department to the court adjudicating the alleged violation; or

(4) Submitting an affidavit, prior to the return date established on the citations or summons issued pursuant to this Act, that the vehicle in question was a rental or U-drive vehicle subject to section 14 of this Act."

SECTION 2. Statutory material to be repealed is bracketed. New statutory material is underscored.

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

 

INTRODUCED BY: ________________________