Amends the law regarding speed limits.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the State of Hawaii and the counties do not have a uniform way of regulating speed limits. The majority of the states in the United States have adopted a uniform standard and practice in the setting of vehicle speed limits.

Most laws in America are based on the fundamental belief that the behavior of a majority of people is reasonable. Laws are written to respond to the unreasonable behavior of a few people. Speed law should be written so that the reasonable actions of the majority are considered legal.

The majority of motorists drive at a speed that they consider reasonable and safe for existing conditions. Posted limits that are set higher or lower than those dictated by roadway and traffic conditions are ignored by the majority of motorists. A speed limit should be set so that the majority of motorists observe it voluntarily and enforcement can be directed to the minority.

The purpose of this Act is to establish a uniform procedure for the setting of vehicle speed limits on streets and highways within the State of Hawaii.

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§291C- Reasonable speed. Any person driving a motor vehicle on a roadway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the roadway, and of any other conditions then existing.

§291C- Eighty-five percentile speed. The department of transportation and the counties shall set their speed limits on all thoroughfares at the eighty-five percentile speed. "Eighty-five percentile speed" is defined as the speed below which eighty-five per cent of the motorists travel on a given highway section when drivers have relative freedom to choose a speed without interference from other traffic. Streets in residential areas with vehicle traffic of less than 15,000 cars per day may be set between twenty-five and thirty-five miles per hour. The eighty-five percentile shall be determined by an engineering and traffic investigation that shall evaluate the operating conditions on the roadway and review the roadway characteristics and speeds that motorists consider reasonable. A speed survey should be made at times of the day when it is possible to measure free-flowing traffic. "Free-flowing" traffic is defined as a condition when drivers have relative freedom to choose a speed without interference from other traffic."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.