Bill Text: HI SB61 | 2012 | Regular Session | Amended

---

Bill Title: Emergency Vehicle; Move Over

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-02-02 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB61 Detail]

Download: Hawaii-2012-SB61-Amended.html

---

 

 

STAND. COM. REP. NO. 2009

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 61

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Transportation and International Affairs, to which was referred S.B. No. 61 entitled:

 

"A BILL FOR AN ACT RELATING TO STATEWIDE TRAFFIC CODE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require a driver to take certain safety precautions when approaching an emergency vehicle that is stopped ahead of the driver.

 

     Your Committee received testimony in support of this measure from the State Department of Transportation, Honolulu Prosecuting Attorney, Honolulu Police Department, Maui Police Department, Hawaii Transportation Association, Mothers Against Drunk Driving Hawaii, Hawaii Government Employees Association, and four individuals.  Testimony in opposition was submitted by the State Public Defender.

 

     Your Committee finds that traffic accident fatalities involving police officers responding to emergency situations are tragic and largely avoidable with certain traffic safety precautions.  On September 13, 2011, a police officer was killed along Farrington highway while assisting another officer during a traffic stop which also resulted in severe injuries to the officer being assisted.  On January 21, 2012, another police officer was killed while the officer's vehicle was stopped behind a stalled vehicle to render assistance on the H-1 freeway. 

 

     Your Committee further finds that existing law does not address the specific situation of taking precautions when approaching a police vehicle, or any other emergency vehicle, that is stopped to render assistance to a motorist or another emergency responder.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting its contents and inserting the contents of S.B. No. 2663 (2012), a substantially similar measure that:

 

         (A)  Protects against double jeopardy, since criminal penalties exist for motor vehicular homicide and bodily injury;

 

         (B)  Excludes language deeming a collision with an emergency vehicle as prima facie evidence of a violation; and

 

         (C)  In cases of death or injury attributable to the driver of the vehicle, directs that the driver be charged with existing criminal offenses for negligent homicide or negligent injury specifically involving motor vehicles;

 

     (2)  Clarifying that an approaching driver must slow down to a reasonable and prudent speed that is safe under the circumstances of an emergency road situation ahead, where reasonableness and prudence shall take into account weather conditions, road conditions, and vehicular and pedestrian traffic in the immediate area; and

 

     (3)  Making the penalty a petty misdemeanor if no death or injury occurs that is attributable to the driver of the vehicle.

 

     As affirmed by the record of votes of the members of your Committee on Transportation and International Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 61, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 61, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Transportation and International Affairs,

 

		____________________________ J. KALANI ENGLISH, Chair