STAND. COM. REP. NO.  245-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 2030

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Transportation and Public Safety & Military Affairs, to which was referred H.B. No. 2030 entitled:

"A BILL FOR AN ACT RELATING TO THE STATEWIDE TRAFFIC CODE,"

beg leave to report as follows:

The purpose of this measure is to promote highway safety for emergency personnel by:

     (1)  Requiring a driver who is passing an emergency vehicle to:

          (A)  Vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle; or

          (B)  Slow to a specified safe speed; and

     (2)  Making it a misdemeanor to fail to move over to a vacant lane or to slow down.

The Department of the Prosecuting Attorney of the City and County of Honolulu, Honolulu Police Department, Hawaii County Police Department, Maui Police Department, Hawaii Transportation Association, Hawaii Government Employees Association, Mothers Against Drunk Driving HAWAII, State of Hawaii Organization of Police Officers, and numerous concerned individuals testified in support of this measure.  The Department of Transportation supported the intent of this measure.  The Office of the Public Defender testified in opposition to this measure.  A concerned individual provided comments.

     Public safety and emergency personnel are responsible for the protection and safety of the general public.  These individuals often find themselves being placed in harm's way, especially when involved with incidents on the roadway, whether it is during a routine traffic stop, assisting ill or injured motorists, or helping stalled motorists.  Nationally, between 1999 and 2010, 164 law enforcement officers were killed after being struck by motor vehicles while assisting motorists.  Tragically, two Honolulu Police officers lost their lives in such incidents over the past six months.  While your Committees note that this measure may not completely prevent this type of tragedy from occurring, it will raise awareness among motorists and may save a life.

     Your Committees have amended this measure by deleting its contents and replacing it with that of H.B. No. 2070, which addresses the same subject matter.  As amended, this measure:

     (1)  Clarifies that the requirements for slowing down or moving over apply to all stationary emergency vehicles using visual signals on a roadway whether or not assistance is being rendered to another person or vehicle;

     (2)  Specifies that the passing driver must continue traveling in the lane the driver has moved over to until the vehicle is safely clear of the stationary emergency vehicle;

     (3)  Clarifies that the requirement to move over or slow down before reaching the emergency vehicle is contingent upon the passing driver being able to do so safely and without interfering with vehicular traffic;

     (4)  Makes the penalty a petty misdemeanor; and

     (5)  Limits the definition of "emergency vehicle" to specified vehicles.

     Your Committees also made technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Transportation and Public Safety & Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2030, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2030, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Transportation and Public Safety & Military Affairs,

____________________________ HENRY J.C. AQUINO, Chair

____________________________ JOSEPH M. SOUKI, Chair