REPORT TITLE:
Traffic Accidents


DESCRIPTION:
Replaces the term traffic "accident" with the term traffic
"collision".  Deletes the requirement that a motor vehicle
collision result only in damage to a vehicle or other property
before requiring the driver to give information and render aid.
(SB2311 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TRAFFIC OFFENSES.



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

 1      SECTION 1.  The purpose of this Act is to amend part II of
 
 2 chapter 291C, Hawaii Revised Statutes, which relates to accidents
 
 3 and accident reports by replacing the term "accident" with the
 
 4 term "collision".
 
 5      The use of the current term "accident" in the traffic code
 
 6 implies that motor vehicle crashes are unpredictable or
 
 7 unpreventable events.  However, the overwhelming majority of
 
 8 these crashes are the predictable or preventable result of human
 
 9 action or inaction.  Additionally, since the term "accident"
 
10 implies a lack of intent, crashes involving intentional behavior
 
11 are not covered by offenses in this part which conflicts with an
 
12 important public policy regarding the provision of prompt
 
13 assistance to crash victims in order to minimize their injuries.
 
14 For this reason, this Act proposes to replace the term "accident"
 
15 with the term "collision", which denotes only that a vehicle
 
16 contacted or struck another object.
 
17      In addition, this Act deletes the requirement in section
 
18 291C-13, Hawaii Revised Statutes, that a motor vehicle collision
 
19 result only in damage to a vehicle or other property before
 

 
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 1 requiring the driver to give information or render aid.  Because
 
 2 some drivers or passengers may not report or experience pain at
 
 3 the time of the crash, this restriction has caused problems in
 
 4 charging cases.  Deletion of this requirement will provide
 
 5 greater flexibility in charging cases where there is damage to
 
 6 vehicles or property.
 
 7      SECTION 2.  Section 291C-13, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§291C-13[]  Accidents]  Collisions involving damage to
 
10 vehicle or property.  (a)  The driver of any vehicles involved in
 
11 [an accident] a collision resulting [only] in damage to a vehicle
 
12 or other property [which] that is driven or attended by any
 
13 person shall immediately stop such vehicle at the scene of the
 
14 [accident] collision or as close thereto as possible, but shall
 
15 [forthwith] immediately return to and in every event shall remain
 
16 at the scene of the [accident] collision until the driver has
 
17 fulfilled the requirements of section 291C-14.  Every such stop
 
18 shall be made without obstructing traffic more than is necessary.
 
19 (b)  Any person failing to stop or to comply with the
 
20 requirements of this section under such circumstances shall be
 
21 fined not more than: 
 
22      (1)  $100 or imprisoned not more than ten days for a first
 
23 conviction; 
 

 
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 1      (2)[fined not more than] $200 or imprisoned not more than
 
 2 twenty days, or both, for a second conviction within one year of
 
 3 a first conviction; and
 
 4      (3) [fined not more than] $500 or imprisoned not more than
 
 5 six months, or both, for a third conviction within one year of a
 
 6 first conviction."
 
 7      SECTION 3.  Section 291C-15, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "[[]§291C-15[]]  Duty upon striking unattended vehicle or
 
10 other property.  The driver of any vehicle [which collides with
 
11 or] that is involved in [an accident] a collision with any
 
12 vehicle or other property [which] that is unattended, resulting
 
13 in any damage to the other vehicle or property, shall immediately
 
14 stop and shall [then and there] either [locate]:
 
15      (1)  Locate and notify the operator or owner of such vehicle
 
16 or other property of the driver's name, address, and the
 
17 registration number of the vehicle the driver is driving; or
 
18 [shall attach]
 
19      (2)  Attach securely in a conspicuous place in or on such
 
20 vehicle or other property a written notice giving the driver's
 
21 name, address, and the registration number of the vehicle the
 
22 driver is driving, and shall without unnecessary delay notify the
 
23 nearest police office.  Every such stop shall be made without
 

 
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 1 obstructing traffic more than is necessary."
 
 2      SECTION 4.  The title to part II of chapter 291C, and
 
 3 sections 291C-12, 291C-12.5, 291C-12.6, 291C-14, 291C-16, 291C-
 
 4 17, 291C-19, and 291C-20, Hawaii Revised Statutes, are amended by
 
 5 substituting the word "collision", or like terms, wherever the
 
 6 word "accident" or like terms appear, as the context requires.
 
 7      SECTION 5.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 6.  This Act shall take effect upon its approval.