HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
relating to speeding in a school zone or construction area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, in an attempt to reduce the cost of construction projects, the department of transportation has adopted the practice of posting reduced speed signs for the duration of a project, including during times when, and in areas where, construction work is not actively occurring. This practice has been employed without considering the regular flow of motor vehicle traffic in non-affected areas of the construction project and has caused periods of unnecessary traffic congestion.
The purpose of this Act is to require that reduced speed limits in construction areas be imposed only when and where the reduced speed limits are necessary.
SECTION 2. Section 291C-104, Hawaii Revised Statutes, is amended to read as follows:
Speeding in a school zone or construction area. (a) No person shall drive
a motor vehicle at a speed greater than the maximum speed limit established
pursuant to [
subsection (b)] this section within a school zone or
a construction area; provided that if the person drives a motor vehicle at a
speed greater than thirty miles an hour or more over the maximum speed limit
established in [ subsection (b),] this section, or over eighty
miles per hour or more in a school zone or a construction [ zone,] area,
the provisions of section 291C-105 shall control. Appropriate law enforcement
personnel may enforce the maximum speed limits established for school zones and
(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 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.
establishing a maximum speed limit posted pursuant to this [
section shall be plainly visible at all times under ordinary traffic
(c) To minimize interference with the flow of vehicular traffic, the posting of construction area speed limit signs shall be limited to construction areas:
(1) Where reduction of the maximum speed limit is of major importance and necessary for safety;
(2) During times and locations of active construction; and
(3) When the reduced maximum speed limit is subject to enforcement by a law enforcement officer.
(d) The restriction on the use of construction area speed limit signs in subsection (c) does not apply to instances in which a contractor has:
(1) Moved all construction area speed limit signs to the edge of the right-or-way and faced them away from the view of motor vehicle operators; or
(2) Covered or obstructed all the construction area speed limit signs so they are not visible to motor vehicle operators.
(c)] (e) Any person who violates this section shall be fined
$250, may be charged with a surcharge of up to $100 to
be deposited into the trauma system special fund, and,
where the violation involves speeding in a school zone, shall be charged with a
surcharge of $25 to be deposited into the safe routes to school program special
(d)] (f) For purposes of this section:
"Construction area" includes any area in which there is occurring the installation, construction, or demolition of connections for streets, roads, driveways, concrete curbs and sidewalks, structures, drainage systems, landscaping, or grading within the highway rights-of-way, including aboveground and underground utility work, excavation and backfilling of trenches or other openings in state highways, the restoration, replacement, or repair of the base course, pavement surfaces, highway structures, or any other highway improvements.
"Construction area speed limit sign" means a sign at a construction area reducing the maximum speed limit.
"School zone" means every street and all public property in the vicinity of a school as designated by the department of transportation and the counties, in their respective jurisdictions.
(e)] (g) The director shall adopt rules pursuant to chapter 91
as may be necessary to implement this section."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Speed Limited; Construction Area
Requires that reduced maximum speed limits in construction areas only be implemented when and where altered speed limits are necessary.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.