Report Title:

Traffic Accidents

Description:

Establishes a county incident management system to help minimize traffic delays.

THE SENATE

S.B. NO.

2107

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAYS.

 

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

SECTION 1. The legislature finds that the establishment of a county traffic incident management system is required to protect and preserve the lives of the people of the State. This system is designed to reduce traffic delays caused by accidents, incidents, and investigations on state and designated county highways through the implementation of a multi-agency program.

Accordingly, the purpose of this Act is to:

(1) Authorize county police to rapidly clear obstructions on state and designated county highways;

(2) Limit liability of agencies and contractors who assist with such clearance from damages that result from gross negligence, or reckless, wilful, wanton, or intentionally wrongful acts or omissions;

(3) Require counties, with state assistance, to establish and manage a multi-agency program to minimize traffic delays from accidents, incidents, and investigations on state and designated highways;

(4) Authorize the department of transportation to collect data needed to improve management of traffic accidents; and

(5) Allow digital pictures taken by public agencies, which could be used to expedite investigation of traffic accidents, as a matter of public record under the Hawaii rules of evidence.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . HIGHWAY OBSTRUCTION CONTROL

§264-   Removal of highway obstructions. (a) As used in this part:

"Department" means the county police department or any state or county agency which has executed an inter-agency agreement to assist county police with removal of highway obstructions.

"Designated county highway" means a public street, road, or highway, as defined in section 291-1, that is under the jurisdiction of a county and has been designated by ordinance as subject to this part.

"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 state department of transportation.

(b) Unless otherwise requested by the agency with jurisdiction for the highway, if the department determines that personal property blocks the highway, interferes with traffic, or endangers public health or safety, the department may move or remove, or cause to be moved or removed, personal property that is on or within a state highway or a designated county highway without prior notice to or consent from the owner, carrier, or any other person.

(c) Notwithstanding chapters 661 and 662, or any other provision of law to the contrary, except for damages that result from gross negligence, or reckless, wilful, wanton, or intentionally wrongful acts or omissions, the State, a county, the department, or their contractor and the contractor's officers and employees shall not be liable for any damages arising from this part.

§264-   Incident Management. (a) Each county shall establish and manage a multi-agency program to reduce traffic delays caused by accidents, incidents, and investigations on state highways and on those county highways which have been designated by ordinance. The department of transportation, the department of health, county police and transportation departments, other appropriate county agencies which may include semi-autonomous agencies, and public utilities shall participate in and assist with county incident management programs.

(b) Each county incident management program shall collect and evaluate data; establish inter-agency procedures; and provide for staffing, training, equipment, contractors, and capital improvements; provided that the capital improvements shall not increase highway capacity.

Notwithstanding any other law to the contrary, a county incident management program shall include appropriate measures to minimize the duration of lane closures necessary for and traffic delays arising from investigations of fatal accidents, negligent homicides, and negligent injuries on state and designated county highways.

(c) The director of transportation shall make reasonable amounts of federal and state highway funds available for initiatives to improve management of accidents, incidents, and investigations on state highways."

SECTION 3. Chapter 286-8, Hawaii Revised Statutes, is amended to read as follows:

"§286-8 Rules [and regulations]. In order to decrease the deaths, injuries, damage, [and] losses, and delays resulting from highway traffic accidents, the state director of transportation shall, subject to the requirements of chapter 91, adopt rules [and regulations dealing with] for: identification and surveillance of accident locations; data to be reported by agencies and contractors responding to traffic accidents pursuant to part   of chapter 264; highway design, construction, and maintenance; traffic control devices; pedestrian safety; police traffic services; and debris hazard control and clean up.

Any person conducting construction, maintenance, surveying, or other work on or adjacent to any public street or highway or any street where traffic regulations are imposed by state or county authority who violates the rules [and regulations] governing the use of traffic control devices at such work sites shall, in addition to any other penalty imposed by law, be fined not more than $1,000 or imprisoned not more than one year, or both."

SECTION 4. Section 626-1, Hawaii Revised Statutes, is amended by amending rule 1001 to read as follows:

"Rule 1001 Definitions. For purposes of this article the following definitions are applicable:

(1) "Writings and recordings" consist of letters, words, sounds, [or] numbers, or patterns of light, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.

(2) "Photographs" include still photographs, X-ray films, video tapes, digital pictures, and motion pictures.

(3) An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".

(4) A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.

(5) A "public record" means any writing[,] or recording, memorandum, entry, print, photograph, representation, report, book or paper, map or plan, or combination thereof, that is in the custody of any department or agency of government."

SECTION 5. Section 841-12, Hawaii Revised Statutes, is amended to read as follows:

"§841-12 Removal of corpse. [No] (a) Except as provided in subsection (b), no corpse or remains of any dead human body appearing to have come to death under any of the circumstances set forth in section 841-3, shall be moved or disturbed from its place of death or disposed of by any person including the coroner or the coroner’s deputies, the chief of police, or any police officer, without first receiving the authority of the coroner or the coroner’s deputy, and of the police officer in charge, and of the coroner’s physician. [The] Except as provided in subsection (b), the removal of the body or bodies shall be the duty of the coroner.

(b) Appropriate procedures, training, and inter-agency agreements for emergency medical ambulances to expedite removal of bodies and human remains from state and county highways may be provided under county incident management programs.

(c) Any person who violates the provisions of this section shall be subject to a fine of not more than $100."

SECTION 6. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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