REPORT TITLE:
Traffic Infractions


DESCRIPTION:
Repeals Chapter 291D, HRS, relating to the adjudication of
traffic infractions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1469
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO THE ADJUDICATION OF TRAFFIC INFRACTIONS.



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

 1      SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is
 
 2 amended by adding two new sections to be appropriately designated
 
 3 and to read as follows:
 
 4      "§291C-     Failure to appear.  Any person who fails to
 
 5 appear at the place and within the time specified in the summons
 
 6 or citations issued to the person by an officer upon the person's
 
 7 arrest for any traffic violation or who fails to appear for any
 
 8 subsequent answer, hearing, or trial date set by the court for
 
 9 the traffic violation is guilty of a violation as provided in the
 
10 Penal Code regardless of the disposition of the charge of which
 
11 the person was originally arrested.  Nothing in this section
 
12 shall be construed to affect the power of the court to regulate
 
13 its proceedings and to punish any person whose failure to appear
 
14 delays proceedings before the court.
 
15      §291C-     Failure to comply with summons or citation
 
16 attached to parked vehicle.  If a violator of the restrictions on
 
17 stopping, standing, or parking under the state traffic laws does
 
18 not appear in response to a summons or citation affixed to the
 
19 violator's motor vehicle within a period of seven days, the
 

 
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 1 traffic violations bureau shall issue to the registered owner of
 
 2 the motor vehicle to which the summons or citation was affixed, a
 
 3 penal summons ordering the registered owner's appearance in
 
 4 court."
 
 5      SECTION 2.  Section 286-25, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§286-25  Operation of a vehicle without a certificate of
 
 8 inspection.  Whoever operates, permits the operation of, causes
 
 9 to be operated, or parks any vehicle on a public highway without
 
10 a current official certificate of inspection, issued under
 
11 section 286-26, shall be fined not more than $100[.] or
 
12 imprisoned not more than thirty days or both."
 
13      SECTION 3.  Section 286-61, Hawaii Revised Statutes, is
 
14 amended to read as follows:
 
15      "§286-61  Penalty.  Any person who violates sections
 
16 286-41[, 286-42, 286-44.5 to 286-56.5, and 286-58] to 286-60
 
17 shall be fined not less than $5 nor more than $1,000[;], or
 
18 imprisoned not more than one year, or both; provided that any
 
19 corporate owner of a motor vehicle who fails to register a motor
 
20 vehicle as required by section 286-41(a) following a transfer of
 
21 the vehicle between counties shall be fined $1,000 for each
 
22 violation. [Any person who violates section 286-43, 286-44, or
 
23 286-57 shall be fined not less than $5 and not more than $1,000
 

 
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 1 or imprisoned not more than one year, or both.]"
 
 2      SECTION 4.  Section 286-82, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§286-82  Penalty.  Whoever violates this part shall be
 
 5 fined not more than $1,000[.] or imprisoned not more than one
 
 6 year, or both."
 
 7      SECTION 5.  Section 286-210, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§286-210  Operation of a motor carrier vehicle without a
 
10 safety inspection decal.  Whoever operates, permits the operation
 
11 of, causes to be operated, or parks any motor carrier vehicle on
 
12 a public highway without a current motor carrier vehicle safety
 
13 inspection decal, issued under section 286-209, shall be fined
 
14 $100 for each day of the violation[.] or imprisoned not more than
 
15 thirty days, or both."
 
16      SECTION 6.  Section 290-12, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§290-12  Leaving abandoned or derelict vehicles.  The
 
19 registered owner of an abandoned vehicle, as defined in section
 
20 290-1, or a derelict vehicle, as defined in section 290-8, found
 
21 on any roadway, alley, street, way, lane, trail, bridge, or
 
22 highway or other public property or on private property without
 
23 authorization of the owner or occupant shall be [fined not more
 

 
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 1 than $1,000;] guilty of a petty misdemeanor; provided that the
 
 2 registered owner shall not be [fined] guilty if the abandoned or
 
 3 derelict vehicle has been stolen or taken from the registered
 
 4 owner without permission or authorization."
 
 5      SECTION 7.  Section 291C-111, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  With respect to highways under their respective
 
 8 jurisdictions, the director of transportation is authorized to
 
 9 and the counties by ordinance may prohibit or restrict the
 
10 stopping, standing, or parking of vehicles where the stopping,
 
11 standing, or parking is dangerous to those using the highway or
 
12 where the stopping, standing, or parking of vehicles would
 
13 interfere unduly with the free movement of traffic; provided that
 
14 the violation of any law or any ordinance, regardless of whether
 
15 established under this or any other section, prohibiting or
 
16 restricting the stopping, standing, or parking of vehicles shall
 
17 constitute a [traffic infraction.] violation under the Penal
 
18 Code.  The counties shall not provide any other penalty, civil or
 
19 criminal, or any other charge, in the form of rental or
 
20 otherwise, in place of or in addition to the fine to be imposed
 
21 by the district court for any violation of any ordinance
 
22 prohibiting or restricting the stopping, standing, or parking of
 
23 vehicles.
 

 
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 1      This section shall not be construed as prohibiting the
 
 2 authority of the director of transportation or the counties to
 
 3 allow the stopping, standing, or parking of motor vehicles at a
 
 4 "T-shaped" intersection on highways under their respective
 
 5 jurisdictions; provided that such stopping, standing, or parking
 
 6 of motor vehicles is not dangerous to those using the highway or
 
 7 where the stopping, standing, or parking of motor vehicles would
 
 8 not unduly interfere with the free movement of traffic.
 
 9      The appropriate police department and county or prosecuting
 
10 attorney of the various counties shall enforce any law or
 
11 ordinance prohibiting or restricting the stopping, standing, or
 
12 parking of vehicles, including but not limited to the issuance of
 
13 parking tickets.  Any person [committing] convicted of a
 
14 violation of any law or ordinance, regardless of whether
 
15 established under this or any other section, prohibiting or
 
16 restricting the stopping, standing, or parking of vehicles shall
 
17 be subject to a fine to be enforced and collected by the district
 
18 courts of this State and to be deposited into the state general
 
19 fund for state use."
 
20      SECTION 8.  Section 291C-130, Hawaii Revised Statutes, is
 
21 amended by amending subsection (c) to read as follows:
 
22      "(c)  Any person who violates this section shall be fined
 
23 not more than $500[.] or imprisoned not more than six months, or
 

 
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 1 both."
 
 2      SECTION 9.  Section 291C-141, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (a) to read as follows:
 
 4      "(a)  It is a [traffic infraction] misdemeanor for any
 
 5 person to do any act forbidden or fail to perform any act
 
 6 required in this part."
 
 7      SECTION 10.  Section 291C-167, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§291C-167  Summons or citation on illegally parked vehicle.
 
10 Whenever any motor vehicle without a driver is found parked or
 
11 stopped in violation of any of the restrictions contained in the
 
12 state traffic laws, the officer finding the vehicle shall take
 
13 its registration number and may take any other information
 
14 displayed on the vehicle that may identify its registered owner
 
15 and conspicuously shall affix to the vehicle a citation, as
 
16 described in section 291C-165, for the registered owner of record
 
17 to answer as provided [in chapter 291D.] on the citation."
 
18      SECTION 11.  Section 291C-171, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "§291C-171  Disposition of fines and forfeitures.(a)  All
 
21 fines and forfeitures collected upon conviction or upon the
 
22 forfeiture of bail of any person charged with a violation of any
 
23 section or provision of the state traffic laws [and all
 

 
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 1 assessments collected relating to the commission of traffic
 
 2 infractions] shall be paid to the director of finance of the
 
 3 State.
 
 4      (b)  In addition to any monetary assessment imposed for a
 
 5 traffic [infraction,] violation, the court may impose penalties
 
 6 on all outstanding traffic citations and judgments.  The
 
 7 penalties shall be established pursuant to rules approved by the
 
 8 supreme court; provided that the amounts of the penalties shall
 
 9 be based upon a graduated scale that increases in proportion to
 
10 the length of the delinquency.  Any interest penalty imposed as
 
11 provided in this section may be waived by the court for good
 
12 cause.  All penalties collected for such outstanding citations
 
13 and judgments shall be paid to the director of finance of the
 
14 State."
 
15      SECTION 12.  Section 291C-206, Hawaii Revised Statutes, is
 
16 amended by amending subsection (b) to read as follows:
 
17      "(b)  Any person who violates this section shall be [fined
 
18 not more than $500.] guilty of a petty misdemeanor."
 
19      SECTION 13.  Chapter 291D, Hawaii Revised Statutes, is
 
20 repealed.
 
21      SECTION 14.  This Act shall not affect rights and duties
 
22 that have matured, penalties that were incurred, or proceedings
 
23 that began prior to the effective date of this Act.
 

 
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 1      SECTION 15.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 16.  This Act shall take effect upon its approval.
 
 4 
 
 5                              INTRODUCED BY:______________________