Highway safety act

From ArticleWorld

HIGHWAY SAFETY ACT PART I. GENERAL PROVISIONS

Section 286-1 Short title. This chapter may be cited as the "Hawaii Highway Safety Act". [L 1967, c 214, pt of Sect 2; HRS Sect 286-1] Section 286-2 Definitions. The following terms whenever used and referred to in this chapter shall have the following meanings unless a different meaning is clearly apparent from the context:

"Alcohol" means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes ethyl alcohol as well as synthetic ethyl alcohol, but not denatured or other alcohol which is considered not potable under the customs laws of the United States.

"Alcohol concentration" means the concentration of alcohol in a person's blood or breath. When expressed as a percentage, it means: (1) the number of grams of alcohol per 100 milliliters of blood; or (2) the number of grams of alcohol per 210 liters of breath.

"Bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.

"Bus" means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons.

"Chief of police" means the chief of police of each county.

"Commercial driver's license" (CDL) means a license issued in accordance with the requirements of this chapter to an individual which authorizes the individual to drive a class of commercial motor vehicle.

"Commercial driver's license information system" (CDLIS) means the information system established pursuant to the Federal Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) to serve as a clearinghouse and depository of information pertaining to the licensing and identification of commercial motor vehicle drivers and the disqualification of such drivers from driving commercial motor vehicles.

"Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or property: (1) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds; (2) If the vehicle is designed to transport sixteen or more occupants, including the driver; or (3) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 Code of Federal Regulations, Part 172, Sub-part F. "Controlled substance" means any substance so classified under section 102(6) of the Controlled Substance Act (21 United States Code Section 802(6)), and includes all substances listed on schedules I through V of 21 Code of Federal Regulations, Part 1308, as they may be revised from time to time.

"Conviction" means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court the payment of a fine or court cost or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.

"Director" means the state director of transportation.

"Director of finance" means the director of finance of each county.

"Drive" means to drive, operate, or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

"Driver" means every person who drives, operates, or is in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic or who is exercising control over or steering a vehicle being towed or pushed by a motor vehicle.

"Driver's license" means any license to operate a motor vehicle issued under the laws of this State.

"Driving instructor" means every person who, for compensation, instructs another person in the rudiments and mechanics of the operation of a motor vehicle.

"Employee" means any driver of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent or occasional drivers; and leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer.

"Examiner of drivers" means the person or persons appointed under section 286-101.

"Executive officer" means the mayor of each county.

"Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

"Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year.

"Foreign jurisdiction" means any jurisdiction other than a state of the United States.

"Gross vehicle weight rating" (GVWR) means the value specified by the manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The GVWR of a combination (articulated) vehicle (commonly referred to as the "gross combination weight rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit.

"Hazardous materials" has the meaning as that found in section 103 of the Hazardous Materials Transportation Act (49 App. United States Code Sect 1801).

"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

"Intoxicating liquor" includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use, or may be used or readily converted for use for beverage purposes.

"Legal owner" includes a person who holds unencumbered title to a vehicle or is a secured party under a security interest in a vehicle.

"Moped" means a device upon which a person may ride which has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

"Motor scooter" means every motorcycle with a motor which produces not more than five horsepower, but excludes a moped.

"Motor vehicle" means every vehicle which is self- propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes a moped.

"Motorcycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground, but excludes a farm tractor and a moped.

"Owner" or "registered owner" includes a legal owner of a vehicle where there is no security interest held by anyone on the vehicle, a buyer under a purchase money security interest, or a debtor under any security interest.

"Passenger car" means every motor vehicle, except motorcycles and motor scooters, designed for carrying ten passengers or less and used for the transportation of persons.

"Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

"Rebuilt vehicle" means any vehicle which has been declared a total loss by an insurer and has been rebuilt or repaired to operate on public highways. For the purpose of this definition, a vehicle is a total loss only if there is material damage to the vehicle's frame, unitized structure, or suspension system, and the projected cost of repairing the damage exceeds the market value of the vehicle at the time of the incident causing it to be declared a total loss.

"Reconstructed vehicle" means a vehicle registered to be operated on a public highway which: (A) Is assembled from new or used parts by a person other than a recognized manufacturer of new vehicles; (B) Is modified to the extent that the identity of its make, model, or type is obscured by material changes in its appearance; or (C) Is modified by the removal, addition, alteration, or substitution of other than original replacement essential parts, including but not limited to its body, power train, steering system, suspension system, exhaust system, intake system, or bumper system; excluding ordinary body repair which does not change the exterior structure of the vehicle.

"Rental or U-drive motor vehicle" means a motor vehicle which is rented or leased or offered for rent or lease for a period of six months or less.

"Semitrailer" means a trailer so constructed that a substantial part of its weight rests upon the truck-tractor by which it is drawn.

"State", except where reference is clearly to another state, territory, or possession of the United States, means the State of Hawaii.

"Third party examiner" means a driver's license examiner who is qualified and has been certified by the State to examine applicants for category (4) licenses under section 286-102(b) and commercial driver licenses.

"Title state or county" means any state or any county in any state which issues certificates of title and registration and notes, liens, and other encumbrances thereon.

"Tractor-semitrailer combination" means a truck-tractor in use together with a semitrailer.

"Trailer" means a vehicle designed for carrying persons or property and for being drawn by a motor vehicle.

"Truck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.

"Truck-tractor" means a truck designed and used primarily for drawing other vehicles and not so constructed as to carry a load to other than a part of the weight of the vehicle and load so drawn.

"Truck-trailer combination" means a truck in use together with a trailer.

"United States" means the fifty states and the District of Columbia.

"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power or devices used exclusively upon stationary rails or tracks and mopeds. [L 1967, c 214, pt of Sect 2; HRS Sect 286-2; am L 1968, c 48, Sect 2(a); am L 1970, c 164, Sect 2; am L 1973, c 152, Sect 1(a); am L 1974, c 98, Sect 1; am L 1975, c 187, Sect 3; am L 1977, c 77, Sect 1; am L 1978, c 175, Sect 7, Sect 8; am L 1984, c 276, Sect 3; am L 1985, c 23, Sect 1; am L 1989, c 320, Sect 3; am L 1990, c 43, Sect 2 and c 342, Sect 17; am L 1993, c 270, Sect 1] Revision Note : Definitions rearranged.

Definition of "Director of finance" inserted, definition of "Treasurer" deleted, and words "county chairman" deleted from definition of "Executive officer" to conform to county charters. Case Notes : Definition of "owner" not applicable to term as used in private insurance policies. [230 F. Supp. 451.] Section 286-3 Powers and duties of the governor.

The governor, in addition to other duties and responsibilities conferred upon the governor by the Constitution and laws of the State, may contract and do all other things necessary in behalf of the State to promote traffic safety. To that end the governor shall coordinate the activities of the State and its counties.

The governor may delegate duties and functions conferred upon the governor by this chapter to the director of transportation appointed under the authority of section 26-31 who shall also be designated as the governor's highway safety representative. [L 1967, c 214, pt of Sect 2; HRS Sect 286-3; am L Sp 1977 1st, c 20, Sect 9; am imp L 1984, c 90, Sect 1] Section 286-4 Repealed. [L Sp 1977 1st, c 20, Sect 10.]

Section 286-4.1 Medical advisory board. (a) There is established within the office of the state director of transportation for administrative purposes a medical advisory board consisting of not fewer than five physicians licensed to practice in the State. The members of the board shall be appointed by the governor as provided in section 26-34, except as otherwise provided by this section. The board shall consist of one psychiatrist, one neurologist, one orthopedic surgeon, one ophthalmologist or optometrist, and one specialist in cardiovascular disease.

The members of the board shall serve without compensation but shall be reimbursed for expenses, including travel expense, actually incurred in the performance of their duties under this chapter. (b) The duties of the board shall include: (1) The development of a system for medically evaluating persons who an examiner of drivers has reason to believe have mental or physical conditions that might impair their driving ability; and (2) The furnishing of advice to the examiners of drivers respecting medical criteria and vision standards for motor vehicle drivers. [L 1969, c 128, Sect 1(4); am L 1970, c 164, Sect 3; am L Sp 1977 1st, c 20, Sect 12; am L 1991, c 128, Sect 1] Section 286-5 State highway safety council.

There is established the Hawaii highway safety council. The director of transportation shall serve as its chairman. The following are their designated representatives shall be members of the council: the chief justice, the attorney general, the director of health, the superintendent of education, the president of the University of Hawaii, the chairman of each of the county highway safety councils established under section 286- 6, and not more than twenty other persons who shall be appointed by the governor on the basis of their interest in highway safety. The state highway safety council shall advise the governor on matters relating to the programs and activities of the State in the field of highway safety.

The members of the council shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in discharge of their duties. [L 1967, c 214, pt of Sect 2; HRS Sect 286-5; am L Sp 1977 1st, c 20, Sect 12; am L 1982, c 147, Sect 13] Section 286-6 County traffic or highway safety councils.

There is established in each county a county traffic or highway safety council. The respective county councils may make appropriations to meet the necessary expenses of their respective traffic or highway safety councils. The following or their designated representatives shall be members of a county traffic or highway safety council: the mayor; the chief of police; the prosecuting attorney, corporation counsel, or county attorney; the traffic engineer, chairman of the traffic commission or safety program coordinator; and not more than fifteen other persons residing in the county who shall be appointed by the mayor on the basis of their interest in highway safety and their knowledge of local conditions. The county traffic or highway safety council shall advise the mayor on matters relating to highway safety. [L 1967, c 214, pt of Sect 2; HRS Sect 286-6] Revision Note "Boards of supervisors", "county chairman" and "public prosecutor" deleted to conform to county charters.

Section 286-7 County highway safety programs. Whenever it is determined by the governor to be in the public interest, the governor may delegate highway safety programs or portions thereof to the counties; provided that the program of each county is approved by the governor. Delegations under this section shall be made by gubernatorial proclamation. [L 1967, c 214, pt of Sect 2; HRS Sect 286-7; am imp L 1984, c 90, Sect 1] Section 286-8 Rules and regulations. In order to decrease the deaths, injuries, damage, and losses resulting from highway traffic accidents, the state director of transportation shall, subject to the requirements of chapter 91, adopt rules and regulations dealing with: identification and surveillance of accident locations; highway design, construction, and maintenance; traffic control devices; pedestrian safety; police traffic services; and debris hazard control and clean up. Any person conducting construction, maintenance, surveying, or other work on or adjacent to any public street or highway or any street where traffic regulations are imposed by state or county authority who violates the rules and regulations governing the use of traffic control devices at such work sites shall, in addition to any other penalty imposed by law, be fined not more than $l,000 or imprisoned not more than one year, or both. [L 1967, c 214, pt of Sect 2; HRS Sect 286-8; am L 1968, c 48, Sect 2(b); am L 1969, c 128, Sect 1(2); am L Sp 1977 1st, c 20, Sect 12] Section 286-9 Facilities for physically handicapped persons.

The state director of transportation, under the director's authority dealing with highway design, construction, and maintenance and the director's authority dealing with pedestrian safety, shall provide that appropriate facilities be constructed at certain street locations for the use of physically handicapped persons. [L 1969, c 260, Sect 2; am L Sp 1977 1st, c 20, Sect 12; am imp L 1984, c 90, Sect 1] Section 286-10 Arrest or citation. Except when required by state law to take immediately before a district judge a person arrested for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, any person authorized to enforce the provisions of this chapter, hereinafter referred to as enforcement officer, upon arresting a person for violation of any provision of this chapter, including any rule adopted pursuant to this chapter shall issue to the alleged violator a summons or citation printed in the form hereinafter described, warning the alleged violator to appear and answer to the charge against the alleged violator at a certain place and at a time within seven days after such arrest.

The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district courts.

The original of a summons or citation shall be given to the alleged violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution of the original and any other copy.

Summons or citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.

Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer upon the person's arrest for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall be guilty of a misdemeanor.

If any person fails to comply with a summons or citation issued to such person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person's arrest.

When a complaint is made to any prosecuting officer of the violation of any provision of this chapter, including any rule adopted hereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department of transportation whose name has been submitted to the prosecuting officer and who has been designated by the director to administer the same. [L 1979, c 119, Sect 4; am imp L 1984, c 90, Sect 1]

PART-IA MOTOR VEHICLE REGULATION

Section 286-16 Powers and duties.

The director of transportation shall prescribe uniform standards and procedures for motor vehicle inspection, driver licensing, and registration, including the form and content of records to be maintained for the registration of vehicles and for the licensing of drivers. [L Sp 1977 1st, c 20, pt of Sect 8] Section 286-17 Enforcement.

The director of transportation shall have such powers and duties of enforcement of statutes and of rules adopted by the director as are necessary to implement this part. The director may delegate the enforcement of this part to the county executive officers. [L Sp 1977 1st, c 20, pt of Sect 8; am imp L 1984, c 90, Sect 1] Section 286-18 Rules. The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L Sp 1977 1st, c 20, pt of Sect 8] Source : http://www.hawaii.gov/dot/highways/adminrules/286PI.HTM