THE SENATE

S.B. NO.

187

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE STATEWIDE TRAFFIC CODE.

 

 

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

 

     SECTION 1.  The legislature finds that section 291C-65, Hawaii Revised Statutes, requires drivers to yield the right-of-way upon immediate approach of an authorized emergency vehicle making use of audible and visual signals until the authorized emergency vehicle has passed.

     The purpose of this Act is to require the driver of a vehicle approaching a stationary authorized emergency vehicle that is displaying emergency lights, or a stationary tow truck that is displaying flashing amber warning lights, to approach with due caution and, absent any other direction by a police officer, proceed either to:

     (1)  Make a lane change into an available lane, as specified;

     (2)  If that action would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe.

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

     "§291C‑    Authorized emergency vehicles; tow trucks; emergency incident zones.   (a)  The driver of a vehicle approaching an emergency incident zone shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle or tow truck, absent any other direction by a police officer, shall:

     (1)  Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle or tow truck with due regard for safety and traffic conditions, if practicable and not prohibited by law; or

     (2)  If the action in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.

     (b)  For the purposes of this section, "emergency incident zone" means an area on a highway that is within five hundred feet of, and in the direction of travel of, a stationary authorized emergency vehicle that has its emergency lights activated or a stationary tow truck that is displaying flashing amber warning lights; provided that traffic in the opposite lanes of the highway shall not be considered to be in the emergency incident zone.

     (c) Any person who violates this section shall be fined not more than $200."

     SECTION 3.  Section 291C-135, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-135  Tow trucks; signage [and], insurance, and warning lamp requirements.  (a)  Notwithstanding any other law to the contrary, the registered owner or lessee of a tow truck shall:

     (1)  Permanently affix on each door of the truck a sign with the name and telephone number of the tow business.  The letters and numbers used in the sign shall be no less than two inches in height; and

     (2)  Maintain insurance in the following amounts:

         (A)  Bodily injury of not less than $500,000;

         (B)  Property damage of not less than $200,000; and

         (C)  On-hook coverage of not less than $175,000; or

         (D)  A combined single limit of liability of not less than $1,000,000,

     to protect owners of towed vehicles in the event of vehicle loss or damage due to towing or bodily injury in the course of towing.  If a tow operator fails to comply with the insurance requirements of this [section,] subsection, no charges, including storage charges, may be collected by the tow operator as a result of the tow or as a condition of the release of the towed vehicle.  Any person, including the registered owner, lien holder, or insurer of the vehicle, who has been injured by the tow operator's failure to comply with this [section] subsection is entitled to sue for damages sustained.  If a judgment is obtained by the plaintiff, the court shall award the plaintiff a sum of not less than $1,000 or threefold damages sustained by the plaintiff, whichever sum is greater, and reasonable attorney's fees and costs.

This [section] subsection shall not apply to a county that has adopted ordinances regulating towing operations.

     (b)   Tow trucks used to tow disabled vehicles from an emergency incident zone as defined in section 291C‑   shall be equipped with flashing amber warning lamps; provided that this subsection shall not apply to a tractor-trailer combination."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Highway Safety; Emergency Vehicles and Tow Trucks

 

Description:

Requires drivers approaching a stationary authorized emergency vehicle that is displaying emergency lights, or a stationary tow truck that is displaying flashing amber warning lights, to approach with due caution and make a lane change into an available lane or if that action would be unsafe or impracticable, slow to a reasonable and prudent speed.

 

 

 

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