Report Title:

Traffic code; safety

Description:

Mandates street signs for all city streets; prohibits commercial vehicles from driving in the left lane; increases penalties for traffic offenses in school zones; sets 15 mile per hour speed limit for school zones; mandates warning signs for crosswalks in school zones.

HOUSE OF REPRESENTATIVES

H.B. NO.

2902

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE TRAFFIC CODE.

 

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

SECTION 1. Section 291C-104, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Section 291C-102 notwithstanding, the director of transportation and the counties, in their respective jurisdictions, shall establish maximum speed limits for school zones and construction areas, provided, however, that the director shall establish a maximum speed limit for school zones no greater than fifteen miles per hour during hours of school operation, and shall require the owner, general contractor, or other person responsible for construction to provide proper signs in construction areas. The director of transportation shall place official signs in school zones.

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

SECTION 2. Section 291C-161, Hawaii Revised Statutes, is amended to read as follows:

"PART XV. PENALTIES AND PROCEDURE ON ARREST;

RESPECTIVE POWERS OF STATE AND COUNTIES

291C-161 Penalties. (a) It is a violation for any person to violate any of the provisions of this chapter except as otherwise specified in subsection (c) of this section and unless the violation is by other law of this State declared to be a felony, misdemeanor, or petty misdemeanor.

(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, the person shall be sentenced in accordance with that section.

(c) Every person who violates section 291C-13 or 291C-18 shall:

(1) Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof;

(2) Be fined not more than $300 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and

(3) Be fined not more than $500 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense.

(d) The court may assess a sum not to exceed $50 for the cost of issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person for any traffic violation.

(e) The court may require a person who violates any of the provisions of this chapter to attend a course of instruction in driver retraining as deemed appropriate by the court, in addition to any other penalties imposed.

(f) Every person who violates any provision of this chapter in a school zone as defined in section 291C-104(d) for which another penalty is not provided shall be fined twice the amount provided for in subsection (b) and (c) of this section, respectively."

SECTION 3. Chapter 291C, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"291C-A Street name signs. (a) Notwithstanding any law to the contrary, all streets within counties with a population greater than 250,000 shall be required to have posted street name signs.

291C-B Commercial motor vehicles; prohibition; left lane. (a) Whenever any roadway or street has been divided into two or more clearly marked lanes for traffic, commercial motor vehicles shall be prohibited from driving in the left lane.

(b) The prohibition in this section shall not apply when the commercial motor vehicle is executing a left turn or passing a vehicle.

(c) For purposes of this section, "commercial motor vehicle" shall have the same definition as defined in section 286-2.

291C-C Crosswalk signs. (a) Notwithstanding any law to the contrary, all crosswalks on streets within school zones, as defined in section 291C-104(d), in counties with a population greater than 250,000, shall be required to have warning signs prominently posted in an area proximate to the crosswalk."

SECTION 4. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored.

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

 

 

INTRODUCED BY:

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