Report Title:
Photo Traffic Enforcement Program
Description:
Amends photo traffic enforcement program to require that the vendor is paid a flat fee rather than a percentage of revenues generated, to ensure that minimum speed limits are enforced, to prohibit issuance of tickets unless the speeder is going at least ten miles per hour above the speed limit, and to prohibit increases in insurance rates due to a photo generated ticket. Establishes penalties for selling items to obscure license plates.
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THE SENATE |
S.B. NO. |
3003 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the photo traffic enforcement program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 249, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§249- Selling items to obscure license plate; prohibition. Any person who wilfully sells or otherwise furnishes to another person any item designed to obscure license plate numbers to prevent them from being clearly viewed or photographed shall be fined not more than $500."
SECTION 2. Act 234, Session Laws of Hawaii 1998, is amended by adding a new section to be appropriately designated and to read as follows:
"§ Motor vehicle insurance. A company offering motor vehicle insurance to residents of Hawaii shall not increase premiums, add surcharges, or alter in any way an insured's policy based upon a summons or citation issued pursuant to the photo traffic enforcement program authorized by this Act."
SECTION 3. Act 234, Session Laws of Hawaii 1998, section 7, as amended by Act 240, Session Laws of Hawaii 2000, section 12, is amended by amending subsection (c) to read as follows:
"(c) A contractor may issue a citation or summons pursuant to section 10 on the basis of a photo speed imaging detector if the following conditions are met:
(1) The photo speed imaging detector equipment is operated by a police officer or a contractor who is authorized to operate the equipment pursuant to this Act; [and]
(2) Signs indicating that speeds are enforced by a photo speed imaging detector are posted, as far as practicable, providing notice to a motorist that a photo speed imaging detector may be used[.]; and
(3) The motor vehicle to be issued the summons or citation is traveling at least ten miles per hour above or below the maximum or minimum speed limit in violation of section 291C-102, Hawaii Revised Statutes.
The conditions specified in this subsection shall not apply when the information gathered is used for highway safety research or to issue warning citations not involving a fine, court appearance, or a person's driving record."
SECTION 4. Act 234, Session Laws of Hawaii 1998, section 10, as amended by Act 263, Session Laws of Hawaii 1999, section 7(6), and Act 240, Session Laws of Hawaii 2000, section 16, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding any law to the contrary, whenever a motor vehicle is determined by means of:
(1) The photo red light imaging system to have disregarded a steady red signal in violation of section 291C-32(a)(3), Hawaii Revised Statutes;
(2) The photo speed imaging detector system to be in excess of the legal speed limit by at least ten miles per hour in violation of section 291C-102, Hawaii Revised Statutes; [or]
(3) The photo speed imaging detector system to be below the minimum speed limit by at least ten miles per hour in violation of section 291C-102, Hawaii Revised Statutes; or
[(3)] (4) The photo technology system to have crossed longitundinal traffic lane markings in violation of section 291C-38(c), Hawaii Revised Statutes,
the contractor shall cause a summons or citation as described in this section to be sent within three days of the date of the incident by certified mail, registered mail, or first class mail with a certificate of mailing obtained as evidence of service to the registered owner of the vehicle at the address on record at the vehicle licensing division. Days when the post office is not open to the public shall not be included in calculation of the three days."
SECTION 5. Act 234, Session Laws of Hawaii 1998, section 17, as amended by Act 263, Session Laws of Hawaii 1999, section 7(12), and Act 240, Session Laws of Hawaii 2000, section 19, is amended by amending subsection (a) to read as follows:
"(a) The department, in consultation with county police, may contract with one or more contractors to purchase, lease, rent, use, install, maintain, and operate photo red light imaging, photo speed imaging detector, or photo technology systems as provided in this Act; provided that any contract executed pursuant to this section shall include only a flat fee payment to the contractor, and may not base payment to a contractor on the number of summons or citations issued."
SECTION 6. As soon as is legally possible following the effective date of this Act, the state department of transportation shall amend or modify all contracts with private entities for the provision of photo traffic enforcement services under Act 234, Session Laws of Hawaii 1998, Act 263, Session Laws of Hawaii 1999, or Act 240, Session Laws of Hawaii 2000, to conform with the requirements of this Act.
SECTION 7. This Act does not affect tickets that were issued, penalties that were incurred, or proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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