STAND. COM. REP. NO. 1096

Honolulu, Hawaii

RE:    H.B. No. 1757

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Transportation and International Affairs, to which was referred H.B. No. 1757, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to repeal the progressive fine and penalty structure for violation of commercial vehicle length and weight restrictions.

     This measure also requires, rather than authorizes, the Department of Transportation to establish a system to allow violators of this law to mail in uncontested fine payments.

     Your Committee received testimony in support of this measure from the Hawaii Transportation Association and U. Okada & Co., Ltd.  Testimony in opposition was received from the Department of Transportation.

     Your Committee finds that commercial drivers are burdened by repeated court appearances when in violation of the commercial vehicle weight restriction law.  Time in court is time off the road.  Time off the road is a delay in deliveries.  Court appearances are necessary since the citing officer has no knowledge of whether a violation is the first, second, or third violation.  Eliminating the graduated fine scale would facilitate the mail in system of paying the fines, as embodied in this law.

     Your Committee notes that the current fines were enacted into law by Act 57, Session Laws of Hawaii 1989.  Your Committee also notes that, although it is sensitive to the fact that commercial drivers are adversely impacted when spending time in court, your Committee believes that carrying overweight loads should not be occurring in the first place.  Such actions place the driver as well as the public in danger and accelerates road quality deterioration.

     Accordingly, to serve as a more meaningful deterrent to such violations, your Committee has amended this measure by doubling the amount of the existing fines, and changing the effective date from January 1, 2112, to July 1, 2007.

     As affirmed by the record of votes of the members of your Committee on Transportation and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1757, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1757, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Transportation and International Affairs,

____________________________

J. KALANI ENGLISH, Chair