HB2441 HD1

Report Title:

Litigation involving highways

Description:

Limits the State's and counties' liability in highways cases. Limits liability of public utility companies in highways cases. (HB2441 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2441
TWENTY-FIRST LEGISLATURE, 2002		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO LITIGATION INVOLVING HIGHWAYS.

 

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

SECTION 1. Chapter 662, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§662- Duty of State limited in highway cases generally. The State of Hawaii owes no duty to make a highway reasonably safe for:

(1) Vehicles traveling in excess of ten miles per hour above the legal speed limit or speed advisory board; or

(2) Vehicles driven by an individual who is under the influence of intoxicating liquor as determined under section 291-4 or 291-4.4 or driving under the influence of drugs as determined under section 291-7.

§662- Duty of State limited in highway cases to those who exercise reasonable care in driving upon them. The State of Hawaii's duty to make its highways reasonably safe for vehicles traveling upon them is limited to those drivers who exercise reasonable care in driving upon them. The State of Hawaii shall not owe a duty to make its highways reasonably safe for drivers who are asleep at the wheel, who are intoxicated, or who otherwise lose control of their vehicles because of their failure to exercise reasonable care in driving their vehicles.

§662- Duty of counties limited in highway cases. The duty of the counties of this State in tort cases involving highways shall be limited to the same extent as the duty of the State of Hawaii is limited under sections 662- and 662- ."

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a two new sections to be appropriately designated and to read as follows:

"§663- Exception to liability for State and counties in highway thoroughfare case. There shall be no civil liability for the State of Hawaii, or any county to:

(1) The driver of any vehicle on a State or county highway or thoroughfare; provided that the driver is traveling in excess of ten miles per hour over the legal speed limit, and that the speed is a legal cause of the accident; and

(2) The driver of any vehicle on a State or county highway or thoroughfare who is under the influence of intoxicating liquor as determined under section 291-4, or 291-4.4 or driving under the influence of drugs as determined under section 291-7; provided that the driver's impairment is a legal cause of the accident.

§663- Liability of public utility companies limited in highway cases. Public utility companies that place and maintain their facilities on or in the public rights-of-way shall not be liable for damages to parties to whom the State or counties owe no duty pursuant to section 662- or 662- ."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.