STAND. COM. REP. NO.339-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2167

H.D. 1



Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Transportation, to which was referred H.B. No. 2167 entitled:


begs leave to report as follows:

The purpose of this bill is to repeal the traffic enforcement demonstration project.

In addition, this bill specifies that all summonses and citations issued before July 1, 2002 pursuant to the project are to remain valid and are not otherwise affected by the repeal of that project.

Your Committee finds that the traffic enforcement demonstration project, which began operations in December, 2001, has already produced a dramatic reduction in speeding on Oahu's roads and highways. Your Committee finds, however, that the public has expressed a number of concerns regarding the implementation of the project by the department of transportation that must be addressed at the earliest possible opportunity.

Accordingly, upon further consideration, your Committee has amended this bill by:

(1) Repealing the traffic enforcement demonstration project in part I of this bill. As amended, part I uses language similar to that of the bill as introduced, with some technical changes, and adds a new provision requiring the Department of Transportation, as soon as legally possible after the bill's effective date, to terminate all contracts with private entities that are currently implementing the demonstration project;

(2) Enacting a new traffic enforcement law in part II of the bill that corrects the problems of the previous project, including making the following changes from the previous law:

    1. Prohibiting increases in motor vehicle insurance premiums due to any speeding summons or citation, or a summons or citation generated by a photo speed imaging detector under the traffic enforcement demonstration project;
    2. Amending the traffic enforcement demonstration project to require the vendor to be paid a flat fee rather than a fee based on the number or percentage of summonses or citations issued, revenues generated, or on a commission basis;
    3. Clarifying that photo speed imaging detectors are intended to produce photographic identification of not only a speeding vehicle, but also the vehicle's license plate and the face of the operator of the vehicle;
    4. Requiring alleged speeding violators under the traffic enforcement demonstration project who contest their speeding tickets to show by clear and convincing evidence that the photographic information obtained from the photo speed imaging detector system is not the vehicle, the vehicle's license plate, or the face of the operator of the vehicle, in question; and
    5. Requiring the department of transportation, in determining where the photo speed imaging detectors are to be located, to place priority on areas where the greatest number of problems are known to occur, in terms of the number of speeding-related accidents, fatalities, or both; areas where racing is known to occur; and school zones, or areas that are affected by school-related traffic.

Your Committee finds that, upon the termination of the traffic enforcement demonstration project, strong consideration should be given to transferring the project to the counties, who should be able to decide for themselves whether or not they would like to implement this project through their respective police departments.

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. 2167, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2167, H.D. 1, and be referred to the Committee on Finance.

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