HOUSE OF REPRESENTATIVES	H.B. NO.	2557
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to authorized emergency vehicles.

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

     SECTION 1.  The legislature has received numerous sound complaints related to the unnecessary use of sirens by emergency vehicles, often late at night, when it is clear that no one is on the streets.  People who live next to a fire station may be awakened several times each night by the sirens of a fire truck leaving the station.

     The purpose of this Act is to authorize emergency responders to exercise discretion in their use of sirens while maintaining compliance with the best practices of their profession.  Police already exercise discretion in their use of sirens, and this measure provides that same discretion to other drivers of authorized emergency vehicles.

     SECTION 2.  Section 291C-26, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

     "(c)  The exemptions granted in subsection (b) to an authorized emergency vehicle shall apply only when the vehicle is making use of authorized audible and visual signals, except as otherwise provided by county ordinance.  This subsection shall not [apply]:

(1) Apply to police vehicles[. or require]; or

(2) Require the driver of an authorized emergency vehicle to use authorized audible and visual signals when responding to every emergency call; provided that the driver acts in accordance with the best practices of the driver's profession.

     (d)  The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons[,] and the duty to operate the vehicle in accordance with the best practices of the driver's profession, nor shall those provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others."

     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 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  Statutory material to be repealed is bracketed and stricken.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:

Emergency Vehicles; Sirens; Best Practices

Description:

Clarifies that the use of sirens by a driver of an emergency vehicle is discretionary and must follow the best practices of the driver's profession.

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