STAND. COM. REP. NO.  284

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 60

      H.D. 1

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Transportation, to which was referred H.B. No. 60 entitled:

 

"A BILL FOR AN ACT RELATING TO TRAFFIC VIOLATIONS,"

 

begs leave to report as follows:

 

     The purpose of this bill is to control excessive vehicular noises, while maintaining safety, by:

 

(1)  Providing drivers an option to turn off audible reverse warning systems if the vehicle is guided while reversing by a person, other than the driver, who has a clear view of both the vehicle's rearward path and the driver; and

 

(2)  Requiring that any mechanism permitting the audible reverse warning system to be manually disengaged automatically turn itself off after a fixed period of time and automatically re-engage the audible reverse warning system.

 

The Department of Transportation supported the intent of this bill.  The Hawaii Transportation Association submitted comments on this measure.

 

Noise pollution has become a big problem in Hawaii.  Many of the sources of this noise can be attributed to motor vehicles, in particular warning devices that are used when a vehicle is reversing.  While these warning devices are intended to provide safety when a vehicle is backing up, allowing reverse audible warning devices to be disengaged under certain conditions may reduce noise without compromising safety.

 

Your Committee recognizes that different reversing situations may demand different periods of time to reverse and requiring a set period of time for the system to re-engage may not be feasible.  Your Committee also realizes that not all persons guiding a vehicle are qualified individuals and thus a driver may be held liable for guiding errors.  Accordingly, your Committee has amended this bill by:

 

     (1)  Stipulating that the reverse warning system be re-engaged when the vehicle's transmission is shifted out of reverse rather than after a fixed period of time;

 

     (2)  Inserting language assigning liability to a guide for any damages, injuries, or fatalities that occur while guiding a vehicle; and

 

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 60, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 60, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

 

		____________________________ JOSEPH M. SOUKI, Chair