COM 0230.002 1996-1998 - Laserfiche WebLink

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Page Three Enforcement Actions Allowed: Section 46-16, HRS, allows the counties to: 1) Impose and enforce traffic regulations and place appropriate traffic control devices; and 2) Enforce chapters 286 (Highway Safety) and 291C (Statewide Traffic Code). Maintenance, Prescriptive Rights, and Control: Section 46-16, HRS, states that the imposition or enforcement of traffic regulations on private streets shall neither result in county responsibility to repair such streets, nor shall it result in any adverse or prescriptive rights accruing to the general public. Further, it provides that county consent to placement of signs and markings shall not be deemed to constitute control over the private street. Legislative History: Traffic regulation in the counties is the product of various state as well as county laws. At the state level, repeated amendments to section 46-16 were required in order to address and correct inconsistencies between key sections in the state law. For example, while section 46-16, HRS, intended to enable enforcement of the traffic code on private streets, section 291 C-21, HRS, limited application of the traffic code to publicly maintained highways. (See November 17, 1994 Zetter from Judge Florendo to Beverly Byouk-Attachment C) Consequently, in 1995 the State Legislature passed additional amendments to section 46-16, HRS, to rectify lingering implementation problems. During its consideration of this issue, the House Judiciary Committee noted that: "...The County of Hawaii has interpreted the existing laws as prohibiting enforcement of the traffic code on private streets, roads, highways and thoroughfares. Consequently, County of Hawaii law enforcement officers do not enforce traffic regulations in private subdivisions. Your Committee finds that HRS Secs. 46-16 and 291 C-21 should be harmonized in order to clearly define the jurisdiction of law enforcement personnel to enforce the traffic code. Your Committee emphasizes that the enforcement of traffic regulations is limited to private streets, roads, highways, and thoroughfares which are regularly used by the general public.