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HOUSE OF REPRESENTATIVES

H.B. NO.

2441

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LITIGATION INVOLVING HIGHWAYS.

 

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

SECTION 1. Chapter 662, Hawaii Revised Statutes, is amended by adding 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 five 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 sections 662- , and 662- ."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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