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THE SENATE 663

THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
S.B. NO. S.D. 1

A BILL FOR AN ACT

 
 
RELATING TO HIGHWAY SAFETY.

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

PART I
SECTION 1. The legislature finds that the prevalence of drivers

violating Hawaii's traffic laws has become intolerable, particularly

drivers who run red lights. These violations endanger the lives of

motorists and pedestrians and compound the already hazardous

conditions on Hawaii's roads and highways. It has become increasingly

common to hear reports of hit-and-run drivers who have struck children

or the elderly.

The legislature further finds that in other jurisdictions in

Canada, Europe, the United States, and other countries throughout the

world, photo red light imaging detector systems have been proven

reliable, efficient, and effective in identifying and deterring those

who run red lights.

Photo red light imaging detector systems are safe, quick, cost-

effective, and efficient. No traffic stop is involved, and a police

officer is not at risk from passing traffic or armed violators. With

photo red light imaging detector systems, a camera is positioned at

intersections where red light violations are a major cause of

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collisions and serves as a twenty-four hour deterrent to running a red

light. Sensors are buried under a crosswalk and lead to a self-

contained camera system mounted on a nearby structure. When a vehicle

enters the intersection against a red light, the camera takes a

telephoto color picture of the rear of the car, capturing the license

plate. A second wide-angle photograph takes in the entire

intersection, including other traffic.

These systems provide numerous benefits. Not only are streets

safer, but police officers are also freed from the time-consuming

duties of traffic enforcement and have more time to respond to

priority calls. A violator is less likely to go to court because the

color photograph of the violation, imprinted with the time, date, and

location of the violation, and the number of seconds the light had

been red before the violator entered the intersection, can be used as

evidence in court. Few cases are contested in other jurisdictions

using this system, and officers make fewer court appearances, saving

court costs.

The system may also result in lower insurance costs for safe

drivers through an overall reduction in crashes and injuries and by

placing system costs on the violators who have created the need for

the program, not on law-abiding taxpayers. Traffic laws are

impartially enforced, and safety and efficiency are increased by

reducing the number of chases and personnel required for traffic

accident clean-up, investigation, and court testimony.

The legislature finds that the photo speed imaging detector

system created by Act 234, Session Laws of Hawaii 1998 (Act 234), and

implemented in January 2002, generated intense public opposition. As

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a result of this opposition, the legislature repealed Act 234 in its

entirety. However, the majority of the opposition to this program

resulted from the method by which the program was implemented. The

public perceived that the program was operated more to maximize

revenue for the vendor running the program than to improve traffic

safety.

The purpose of this Act is to:

     (1)  Establish a red light running committee to review this Act and make recommendations on how to
improve it prior to its implementation;

     (2)  Establish a photo red light imaging detector systems program to improve enforcement of the traffic
signal laws;

     (3)  Allow counties to implement the photo red light imaging detector systems program;

     (4)  Authorize the deposit of fines collected under county programs into a special fund; and

     (5)  Authorize the expenditure of funds from this special fund by the department of transportation in
the county in which the fine was collected for the establishment, operation, management, and
maintenance of the photo red light imaging detector systems program.

PART II

SECTION 2. (a) The department of transportation shall establish

a red light running committee to review this Act and recommend any

necessary amendments that may be considered during the 2020

legislative session.

(b) The department of transportation shall invite the following

to participate on the red light running committee:

     (1)  The deputy administrative director of the courts or the deputy's designee;

     (2)  The state public defender or the state public defender's designee;

     (3)  Representatives from each county police department;

     (4)  Representatives from each county prosecutors' office; and

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     (5)  Transportation officials from each county.

(c) The red light running committee shall submit a report

including any findings and recommendations, and any proposed

legislation or amendments to this Act, to the legislature no later

than twenty days prior to the convening of the 2020 regular session.

PART III

SECTION 3. The Hawaii Revised Statutes is amended by adding a

new chapter to be appropriately designated and to read as follows:

"CHAPTER

PHOTO RED LIGHT IMAGING DETECTOR SYSTEMS

§ -1 Definitions. As used in this chapter, unless the context

otherwise requires:

"County" means the counties of Hawaii, Kauai, and Maui, and the

city and county of Honolulu.

"County highway" has the same meaning as used in section 264-1.

"Department" means the department of transportation.

"Motor vehicle" has the same meaning as defined in section

291C-1.

"Photo red light imaging detector" means a device used for

traffic enforcement that includes a vehicle sensor that works in

conjunction with a traffic-control signal and a camera or similar

device to automatically produce a photographic, digital, or other

visual image of a vehicle that has disregarded a steady red traffic-

control signal in violation of section 291C-32 and a photographic,

digital, or other visual image of the driver of the motor vehicle.

"State highway" has the same meaning as used in section 264-1.

"Traffic-control signal" has the same meaning as defined in

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section 291C-1.

§ -2 Photo red light imaging detector systems program;

established. There is established the photo red light imaging

detector systems program, which may be implemented by any county on

state or county highways within the respective county, to enforce the

traffic-control signal laws of the State.

§ -3 County powers and duties. (a) Each county may establish

and implement, in accordance with this chapter, a photo red light

imaging detector system imposing monetary liability on the operator of

a motor vehicle for failure to comply with traffic-control signal

laws. Each county may provide for the procurement, location,

installation, operation, maintenance, and repair of the photo red

light imaging detector system. Where the photo red light imaging

detector system affects state property, the department shall cooperate

with and assist the county as needed to install, maintain, and repair

the photo red light imaging detector system established pursuant to

this chapter.

(b) Each county shall pay the vendor that installs a photo red

light imaging detector system a negotiated lump sum regardless of the

number of citations issued or expected to be issued through the use of

the installed photo red light imaging detector system.

§ -4 Photo red light imaging detector system requirements.

(a) Photo red light imaging detector equipment shall be operated from

a fixed pole, post, or other fixed structure on a state or county

highway.

(b) Signs and other official traffic-control devices indicating

that traffic signal laws are enforced by a photo red light imaging

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detector system shall be posted on all major routes entering the area

in question to provide, as far as practicable, notice to drivers of

the existence and operation of the system.

(c) Proof of a traffic-control signal violation shall be as

evidenced by information obtained from the photo red light imaging

detector system authorized pursuant to this chapter. A certificate,

sworn to or affirmed by the county's agent or employee, or a facsimile

thereof, based upon inspection of photographs, microphotographs,

videotape, or other recorded images produced by the system, shall be

prima facie evidence of the facts contained therein. Any photographs,

microphotographs, videotape, or other recorded images evidencing a

violation shall be available for inspection in any proceeding to

adjudicate the liability for that violation.

(d) No summons or citation pursuant to the photo red light

imaging detector systems program shall be issued unless it contains a

clear and unobstructed photographic, digital, or other visual image of

the driver of the motor vehicle.

(e) The conditions specified in this section 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.

(f) Photographs, microphotographs, videotape, or other recorded

images taken and stored by the photo red light imaging detector system

shall only be available to the government agency or its agents and

those individuals involved in the adjudication of a traffic infraction

pursuant to this chapter and shall only be used as evidence required

pursuant to section -7. Upon completion of the final proceedings,

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the photographs, microphotographs, videotape, or other recorded images

shall be deleted or otherwise destroyed.

§ -5 Summons or citations. (a) Notwithstanding any law to

the contrary, whenever any motor vehicle is determined, by means of a

photo red light imaging detector system, to have disregarded a steady

red signal in violation of section 291C-32(a)(3), the county shall

cause a summons or citation, as described in this section, to be sent

by certified or registered mail with a return receipt, which is

postmarked within seventy-two hours of the time of the incident, to

the registered owner of the vehicle at the address on record at the

vehicle licensing division. If the end of the seventy-two hour period

falls on a Saturday, Sunday, or state holiday, then the ending period

shall run until the end of the next day that is not a Saturday,

Sunday, or state holiday.

(b) The form and content of the summons or citation shall be as

adopted or prescribed by the administrative judge of the district

courts and shall be printed on a form commensurate with the form of

other summonses or citations used in modern methods of arrest, so

designed to include all necessary information to make the summons or

citation valid within the laws of the State; provided that any summons

or citation pursuant to the photo red light imaging detector systems

program shall contain a clear and unobstructed photographic, digital,

or other visual image of the driver of the motor vehicle, which shall

be used as evidence of the violation.

(c) Every summons or citation shall be consecutively numbered

and each copy thereof shall bear the number of its respective

original.

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(d) Upon receipt of the summons or citation, the registered

owner shall respond as provided for in chapter 291D. A mail receipt

signed by the registered owner is prima facie evidence of

notification. The registered owner shall be determined by the

identification of the vehicle's registration plates.

(e) The county, or the county's agent or employee, shall be

available to testify as to the authenticity of the information

provided pursuant to this section.

§ -6 Registered owner's responsibility for a summons or

citation. In any proceeding for a violation of this chapter, the

information contained in the summons or citation mailed in accordance

with section -5 shall be deemed prima facie evidence that the

registered vehicle violated section 291C-32(a)(3).

§ -7 Prima facie evidence. (a) Whenever the photo red light

imaging detector system determines a motor vehicle to be in violation

of section 291C-32(a)(3), evidence that the motor vehicle described in

the citation or summons issued pursuant to this chapter was operated

in violation of that section, together with proof that the person to

whom the summons or citation was sent was the registered owner of the

motor vehicle at the time of the violation, shall constitute prima

facie evidence that the registered owner of the motor vehicle was the

person who committed the violation.

(b) The registered owner of the vehicle may rebut the evidence

in subsection (a) by any one of the following:

     (1)  Submitting a written statement as provided in section 291D-6(b)(2);

     (2)  Testifying in open court under oath that the person was not the operator of the vehicle at the time
of the alleged violation;

     (3)  Calling witnesses to testify in open court under oath that the person was not the operator of the

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vehicle at the time of the alleged violation;

     (4)  Extrinsic evidence that the person was not the operator of the vehicle at the time of the alleged
violation;

     (5)  Presenting, prior to the return date established on the citation or summons issued pursuant to this
chapter, a letter of verification of loss from the police department indicating that the vehicle had been
reported stolen, to the court adjudicating the alleged violation; or

     (6)  Identifying the actual driver of the vehicle at the time of the alleged violation.

§ -8 Failure to comply with summons or citation. If the

registered owner of the vehicle does not return an answer in response

to a summons or citation within a period of twenty-one days upon

receipt of the summons or citation, the district court shall issue,

pursuant to section 291D-7(e), a notice of entry of judgment of

default to the registered owner of the vehicle.

§ -9 Liability for rental or U-drive vehicle. Notwithstanding

any law to the contrary, if the registered owner of record is the

lessor of a rental or U-drive motor vehicle, as defined in section

286-2, pursuant to a written lease agreement, the lessee at the time

of the violation shall be responsible for the summons or citation;

provided that:

     (1)  The lessor shall be responsible for the summons or citation if the lessor does not provide the court
having jurisdiction over the summons or citation with the name and address of the lessee within thirty
days after a notice containing the date, time, and location of the alleged violation and the license number
of the vehicle is sent to the lessor; and

     (2)  The administrative judge of the court having jurisdiction over the summons or citation may waive
the requirement of providing the name and address of the lessee and impose on the lessor an
administrative fee of $           per citation.

§ -10 Penalty. The penalties for all consequences of a

violation for disregarding a steady red signal initiated by the use of

a photo red light imaging detector system shall be as provided in

section 291C-161.

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§ -11 Fines for unauthorized disclosure. All personal and

confidential information made available by any government agency to an

agent of any county for the photo red light imaging detector systems

program shall be kept confidential and shall be used only for the

purposes for which the information was furnished. Any officer,

employee, or agent of a county who intentionally discloses or provides

a copy of personal and confidential information obtained from a photo

red light imaging detector system to any person or agency without

authorization shall be fined not more than $ ; provided that

the fine shall not preclude the application of penalties or fines

otherwise provided for by law.

§ -12 Photo red light imaging detector systems program special

fund established. (a) There is established a photo red light imaging

detector systems program special fund to be administered by the

department, into which shall be paid revenues collected pursuant to

this chapter.

(b) All fines collected under this chapter shall be deposited

into the photo red light imaging detector systems program special

fund. Moneys in the fund shall be expended by the department of

transportation in the county in which the fine was imposed, for

purposes that include the establishment, operation, management, and

maintenance of a photo red light imaging detector system.

§ -13 Rules. The department shall adopt rules pursuant to

chapter 91, as may be necessary to implement this chapter."

PART IV

SECTION 4. Section 291C-161, Hawaii Revised Statutes, is amended

to read as follows:

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"§291C-161 Penalties[.]; photo red light imaging detector system

fines. (a) It is a violation for any person to violate any of the

provisions of this chapter, except as otherwise specified in

subsections (c) and (d) and unless the violation is by other law of

this State declared to be a felony, misdemeanor, or petty misdemeanor.

(b) Except as provided in subsections (c) and (d), every person

who is determined to have violated any provision of this chapter for

which another penalty is not provided shall be fined:

     (1)  Not more than $200 for a first violation thereof;

     (2)  Not more than $300 for a second violation committed within one year after the date of the first
violation; and

     (3)  Not more than $500 for a third or subsequent violation committed within one year after the date of
the first violation.

(c) Every person convicted under or found in violation of

section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C-15,

291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, or

291C-105 shall be sentenced or fined in accordance with those

sections.

(d) Every person who violates section 291C-13 or 291C-18 shall:

     (1)  Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof;

     (2)  Be fined not more than $300 or imprisoned not more than twenty days or both for conviction of a
second offense committed within one year after the date of the first offense; and

     (3)  Be fined not more than $500 or imprisoned not more than six months or both for conviction of a
third or subsequent offense committed within one year after the date of the first offense.

(e) The court may assess a sum not to exceed $50 for the cost of

issuing a penal summons upon any person who fails to appear at the

place within the time specified in the citation issued to the person

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for any traffic violation.

(f) Fines collected for a violation of section 291C-32 pursuant

to the photo red light imaging detector system established pursuant to

chapter shall be deposited into the photo red light imaging

detector systems program special fund established under section -12

and shall be expended in the county in which the fine was imposed, for

purposes that include the establishment, operation, management, and

maintenance of a photo red light imaging detector system.

[(f)] (g) The court may require a person who violates any of the

provisions of this chapter to attend a course of instruction in driver

retraining as deemed appropriate by the court, in addition to any

other penalties imposed."

SECTION 5. Section 291C-163, Hawaii Revised Statutes, is amended

by amending subsection (a) to read as follows:

"(a) This chapter shall not be deemed to prevent counties with

respect to streets and highways under their jurisdiction from:

     (1)  Regulating or prohibiting stopping, standing, or parking except as provided in section 291C-111;

     (2)  Regulating traffic by means of police officers or official traffic-control devices;

     (3)  Regulating or prohibiting processions or assemblages on the highways;

     (4)  Designating particular highways or roadways for use by traffic moving in one direction;

     (5)  Establishing speed limits for vehicles in public parks;

     (6)  Designating any highway as a through highway or designating any intersection as a stop or yield
intersection;

     (7)  Restricting the use of highways;

     (8)  Regulating the operation and equipment of and requiring the registration and inspection of
bicycles, including the requirement of a registration fee;

     (9)  Regulating or prohibiting the turning of vehicles or specified types of vehicles;

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    (10)  Altering or establishing speed limits;

    (11)  Requiring written accident reports;

    (12)  Designating no-passing zones;

    (13)  Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic;

    (14)  Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to
be incompatible with the normal and safe movement of traffic;

    (15)  Establishing minimum speed limits;

    (16)  Designating hazardous railroad grade crossing;

    (17)  Designating and regulating traffic on play streets;

    (18)  Prohibiting pedestrians from crossing a roadway in a business district or any designated highway
except in a crosswalk;

    (19)  Restricting pedestrian crossing at unmarked crosswalks;

    (20)  Regulating persons propelling push carts;

    (21)  Regulating persons upon skates, coasters, sleds, and other toy vehicles;

    (22)  Adopting and enforcing such temporary or experimental regulations as may be necessary to cover
emergencies or special conditions;

    (23)  Adopting maximum and minimum speed limits on streets and highways within their respective
jurisdictions;

    (24)  Adopting requirements on stopping, standing, and parking on streets and highways within their
respective jurisdictions except as provided in section 291C-111;

    (25)  Prohibiting or regulating electric personal assistive mobility devices on sidewalks and bicycle

paths; [and]

    (26)  Implementing a photo red light imaging detector system pursuant to chapter    ; and

   [(26)] (27)  Adopting such other traffic regulations as are specifically authorized by this chapter."

SECTION 6. Section 291C-165, Hawaii Revised Statutes, is amended

by amending subsection (b) to read as follows:

"(b) In every case when a citation is issued, the original of

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the citation shall be given to the violator; provided that:

     (1)  In the case of an unattended vehicle, the original of the citation shall be affixed to the vehicle as
provided for in section 291C-167; or

     (2)  In the case of:

(A) A vehicle utilizing the high occupancy vehicle lane

illegally; [or]

(B) A vehicle illegally utilizing a parking space reserved

for persons with disabilities, where the violator

refuses the citation; or

(C) A motor vehicle determined by means of a photo red

light imaging detector system established pursuant to

chapter to have disregarded a steady red signal in

violation of section 291C-32(a)(3);

the original of the citation shall be sent by certified or registered

mail, with a return receipt that is postmarked within forty-eight

hours of the time of the incident, as provided in section 291C-223 for

vehicles illegally utilizing the high occupancy vehicle lane, or

within seventy-two hours of the time of the incident for vehicles

illegally utilizing a parking space reserved for persons with

disabilities[,] or for vehicles disregarding a steady red signal in

violation of section 291C-32(a)(3), as determined by means of a photo

red light imaging detector system, to the registered owner of the

vehicle at the address on record at the vehicle licensing division.

If the end of the applicable forty-eight or seventy-two hour period

falls on a Saturday, Sunday, or holiday, then the ending period shall

run until the end of the next day which is not a Saturday, Sunday, or

holiday; provided that the administrative judge of the district courts

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may allow a carbon copy of the citation to be given to the violator or

affixed to the vehicle and provide for the disposition of the original

and any other copies of the citation."

SECTION 7. Section 291C-194, Hawaii Revised Statutes, is amended

by amending subsection (c) to read as follows:

"(c) Any person who is convicted of violating this section shall

be subject to penalties as provided under section 291C-161(b) and

[[(f)].] (g)."

PART V

SECTION 8. It is the intent of this Act not to jeopardize the

receipt of any federal aid nor to impair the obligation of the State

or any agency thereof to the holders of any bond issued by the State

or by any such agency, and to the extent, and only to the extent,

necessary to effectuate this intent, the governor may modify the

strict provisions of this Act, but shall promptly report any such

modification with reasons therefor to the legislature at its next

session thereafter for review by the legislature.

SECTION 9. If any provision of this Act, or the application

thereof to any person or circumstance, is held invalid, the invalidity

does not affect other provisions or applications of the Act that can

be given effect without the invalid provision or application, and to

this end the provisions of this Act are severable.

SECTION 10. This Act does not affect rights and duties that

matured, penalties that were incurred, and proceedings that were begun

before its effective date.

SECTION 11. Statutory material to be repealed is bracketed and

stricken. New statutory material is underscored.

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SECTION 12. This Act shall take effect on July 1, 2020; provided

that part II of this Act shall take effect on July 1, 2019.

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Report Title:
Highway Safety; Photo Red Light Imaging; Counties

Description:
Establishes a red light running committee. Establishes the photo red
light imaging detector systems program effective 7/1/2020. Authorizes
counties to administer the program. Requires proceeds of fines to be
expended in the county from which they were collected for operation of
the program. Effective 7/1/2020. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not
legislation or evidence of legislative intent.

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