SB2128

Report Title:

Motor vehicle driver licensing; Driver Responsibility Contract

Description:

Establishes a Driver Responsibility Contract between the State and licensed drivers, serving as actual notice of the duties drivers owe to the State and other drivers in exchange for the privilege to operate a motor vehicle in the State.

THE SENATE	S.B. NO.	2128
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

relating to motor vehicle driver licensing.

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

SECTION 1. The legislature finds that numerous reported civil actions have been filed against the government, including the State and its counties, by automobile drivers who were found to be operating their motor vehicles in a negligent manner. In some instances, these plaintiff motorists were found to be intoxicated well beyond the legal limit or under the influence of drugs or other illicit substances. These drivers claim that the government, in sum and substance, has acted negligently in the maintenance of the roadways, which then proximately caused the accident or injury that they are involved in. During litigation of these claims, both the plaintiff, the government, and a third party are often times found negligent in the matter and the claim is reduced accordingly under the joint and several liability concept. Nonetheless, because certain tortfeasors are unable to pay, the government is often paying the award in full. In addition to this inequity, the legislature has elected to waive the government's sovereign immunity for suit under the state tort claims act in an overly generous manner that has stripped the State from the reasonable opportunity to defend itself, ultimately encouraging lawsuits.

As was stated in the committee report enacting Hawaii's modern driver licensing laws, "[t]he purpose of [the law] is to establish a Highway Safety Program for the State of Hawaii. Deaths and injuries to persons, damage to property and other losses suffered on account of highway traffic accidents are of grave concern to the State and its citizens as well as to the federal government." In spite of the purpose for which the licensing laws were enacted, namely to prevent deaths and injuries, the amount of injuries resulting from personal irresponsibility for the rules of the road have gotten much media coverage in present times. It is the egregious instances, such as where a driver under the influence of drugs drives off a cliff killing or injuring passengers, that are most remarkable; remarkable in the sense that these drivers are now suing the government for failure to place a sign, when a reasonable person would know not to drive off the road in similar circumstances. Lawsuits like these cost taxpayers millions of dollars per year in awards to undeserving drivers, plaintiff's attorney fees, and costs of the government to defend these suits. When in all reasonableness, it is the driver who is negligent and who utilizes a legal system that has all but eliminated personal accountability for drivers. Lastly, it is this antiquated law that has failed to provide guidance for the examiner of driver licenses by omitting specific circumstances under which a license may be suspended by the examiner's authority.

The purpose of this act is to impress upon all drivers of the State that the ability to drive a motor vehicle is a privilege and not a right and that reciprocal duties are owed on behalf of the driver and the State. Drivers need to take responsibility for the negligent and wanton actions they take, and not look to the government as a coffer for their recovery.

SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286- Driver responsibility contract. (a) Each person licensed by the State to operate a motor vehicle on state public highways shall be bound by the Driver Responsibility Contract set forth below on the later of the effective date of this section or the date on which the person becomes so licensed.

THE HAWAII DRIVER RESPONSIBILITY CONTRACT

In accordance with Chapter 286, Hawaii Revised Statutes, this Driver Responsibility Contract ("Contract") is binding between you and the State of Hawaii (the "State") (1) on July 1, 2006, if you were licensed continuously (a) from a date before July 1, 2006 (b) until that date to operate a motor vehicle on state highways, or (2) upon the State's issuance to you of a license to operate a motor vehicle on state highways, otherwise.

BACKGROUND TO THE CONTRACT

A. The operation of a motor vehicle on a public highway is not a natural, absolute right, but a conditional privilege which the State may grant, suspend, or revoke.

B. The privilege to operate motor vehicles is granted only to a driver who is qualified, has demonstrated knowledge of all rules of the road, and complies with state law and rules in the interest of public safety and welfare.

C. Personal accountability of each licensee must be encouraged to assure that travel upon state highways is the safest possible.

D. To assure such safety, the State reserves its right to suspend or revoke the license of any driver who has demonstrated that he or she is incompetent to operate a motor vehicle;

E. Because many drivers have acted negligently or incompetently on state highways, the State has been compelled to post numerous road signs and traffic control devices at the expense of taxpayers, many of which signs and devices would otherwise be unnecessary.

F. Licensee negligence and lack of accountability has resulted in inadequate compensation to other persons for damage to themselves and their property.

G. A licensee's privilege to operate a motor vehicle is predicated upon personal financial responsibility, which must be maintained to assure public safety for all drivers.

H. A profusion of highway-safety litigation has required the State to implement overly protective measures to prevent drivers from causing injury or property damage, when the licensee should be accountable instead.

YOUR AGREEMENT WITH THE STATE

In exchange for the privilege of operating a motor vehicle upon STATE public highways, you AGREE WITH THE State as follows:

1. You are presumed to know all traffic laws and rules, including the Rules of the Road at Chapter 291C of the Hawaii Revised Statutes, at all times while operating a motor vehicle in the State. You will at all times operate a motor vehicle reasonably and prudently for the conditions. You are presumed to know the lawful speed limit on any highway.

2. You acknowledge that painted curb markings indicate limitations and regulations placed upon parking immediately adjacent to such markings. You are presumed to know the limitations such markings indicate.

3. If any final judgment for property damage or personal injury resulting from the negligent operation of any motor vehicle is made against you, you will pay such judgment in full and discharge your obligation as required by law or court order.

4. You will at all times maintain the appropriate financial responsibility and insurance policies required by law for operation of a motor vehicle on state highways.

5. You will not use any motor vehicle in the commission of a crime.

6. You will timely pay all fines and costs associated with enforcement of the State's traffic laws within the time and the manner provided by law.

7. You will stop and render aid or assistance to any other driver or person when required to do so by law.

8. You will use a seatbelt as required by law, including assuring that all passengers and children are in compliance with seatbelt rules.

9. You will not unlawfully operate a motor vehicle under the influence of drugs or alcohol. You acknowledge that operating a motor vehicle after consuming drugs or alcohol, even in small quantities, may inhibit your ability to operate a motor vehicle competently. You will be responsible for any personal injury or property damaged caused by your operation of a motor vehicle while under the influence of drugs or alcohol.

10. You will at all times operate a motor vehicle that has a current safety inspection certification as required by law.

11. You acknowledge that your license to operate a motor vehicle upon state highways is a privilege. You further acknowledge that the State may suspend or revoke your license. Any breach of this Contract may subject you to suspension of your license, in accordance with section 286-119 of the Hawaii Revised Statutes, when the examiner of drivers has reasonable cause to believe that, by virtue of such breach, you are incompetent to operate the type of motor vehicle for which you hold a license.

12. Breach of this Contract is not the only grounds on which the examiner of drivers may suspend your license in accordance with section 286-119, so long as he has reasonable cause to believe that you are incompetent to operate a motor vehicle on other grounds.

13. If your license is suspended by the examiner of drivers in accordance with paragraph 11 above, you are entitled to a hearing as provided by law.

14. By (a) your acceptance and continuing use after July 1, 2006 of a license issued to you before July 1, 2006 or (b) your acceptance of a license issued to you on or after July 1, 2006 to operate a motor vehicle upon state roads, you accept the terms of this Contract and knowingly, voluntarily, and intelligently agree to its terms.

15. If any provision of this Contract, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Contract, which will be given effect without the invalid provision or application, and to this end the provisions of this Contract are severable.

(b) On the application form for a driver's license or license renewal, the examiner of drivers shall include the text of the Contract as set forth in subsection (a).

(d) This section may be cited or referred to as the "Driver Responsibility Contract.""

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2006.

INTRODUCED BY:	_____________________________
_____________________________	_____________________________