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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1563 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to speeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:
"§291C- Speeding violations; driver retraining; expungement of record; preservation of motor vehicle insurance premium rates. (a) Pursuant to section 291C-161(f), the court may order any person who is eligible under subsection (b) to attend a course of instruction in driver retraining. Upon successful completion of a course of instruction in driver retraining ordered pursuant to this section, the person may petition the court for an order to expunge all records relating to the applicable violation. As provided in section 431:10C-208, the person's premium rates for motor vehicle insurance shall not be affected by a violation that has been expunged pursuant to this section.
(b) A person shall be eligible for driver retraining and expungement pursuant to this section if:
(1) The person has a valid Hawaii driver's license;
(2) The person is found guilty of speeding not more than twenty-five miles over the applicable maximum speed limit;
(3) The subject violation does not involve a vehicle for which a commercial driver's license or a commercial learner's permit issued pursuant to chapter 286 is required;
(4) The person has not been ordered to attend a course of instruction in driver retraining within the last eighteen months;
(5) The person's conviction of the violation did not result from a failure to appear in court;
(6) The subject violation is not related to alcohol use or possession of alcohol; and
(7) The subject violation is not related to drug use or possession of drugs."
SECTION 2. Section 431:10C-208, Hawaii Revised Statutes, is amended to read as follows:
"§431:10C-208 Increase in premiums prohibited. (a) No premium on any motor vehicle insurance policy shall be increased as a result of any accident if the insured is not at fault in the accident. An accident in which the insured was not at fault shall not be used in any way to affect any subsequent increases, including loss of any discounts, in insurance premiums.
(b) No premium on any motor vehicle insurance policy shall be increased as a result of a conviction that has been expunged as provided in section 291C- . A conviction that has been expunged pursuant to section 291C- shall not be used in any way to affect any increases, including loss of any discounts, in insurance premiums subsequent to entry of the order for expungement."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Driver Retraining; Speeding; Expungement; Motor Vehicle Insurance Premium Retention
Description:
Allows a court to order a person who is found guilty of speeding not more than 25 miles over the maximum speed limit to attend driver retraining. Provides for expungement of the violation and retention of insurance premium rates upon successful completion.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.