HomeMy WebLinkAboutREP PWC 269 08/17/1988 1984-1988 REPORT OF THE
LUi1P1ITTEE ON PUBLIC WORKS
DATE: August 17 , 1988
PLACE : Councilroom
TIME: 10 : 00 a .m .
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works to which was referred Communication
'1io. 1729 and its attached Bill No. 603 , reports as follows :
Bill No . 603 proposes to amend Chapter 24 , Article 7, Division 2,
Section 24-149 of the Hawaii County Code 1983 , relating to maximum
speed limits by adding a new subparagraph designated as Section
24-149 (a) ( 1) (D) and deleting Section 24-149(a ) ( 3) . The purpose of
Bill No . 603 is to change the present maximum speed on all highways
without a special speed limit in the County Code from 55 miles per
hour to 25 miles per hour .
Your Committee on Public Works has reviewed Communication No. 1729
from the Chief Engineer which is summarized as follows :
1 . Section 24-149(a) of the Hawaii County Code sets a maximum
speed of 55 mph "On all highways unless otherwise specified
by this chapter" and this implies authorization of a 55 mph
limit when no speed limit signs are posted along public
roadways .
2. Section 24-147 , which prohibits driving a vehicle upon a
highway at a speed greater than is reasonable or prudent , is
difficult to enforce .
3 . He requests the amendment of Section 24-149( a) ( 3) as he feels
that 25 mph on most of the unposted public highway system is
more reasonable [than 55 mph] and will minimize the County ' s
potential for liability when "speeding" along unposted public
roadways is a factor in civil actions .
4. The Police Department and the Corporation Counsel have been
contacted and they concur with the intent and purpose of the
proposed amendment .
Your Committee has reviewed Bill No. 603 and understands that it adds
a new subparagraph to Section 24-149 (a) ( 1 ) which adds "On all
highways and streets unless otherwise specified by this chapter" to
the places with a maximum speed limit of 25 mph in effect except
where a special speed limit has been enacted.
The Deputy Chief Engineer testified that attorneys have cited the
maximum speed of 55 mph in Section 24-149( a ) ( 3) when claiming that
their clients weren ' t speeding . He also testified that the bill will
only apply to government maintained roads , not private roads.
PWC REPORT 269
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PWC- 26S Page 2 August 17 , 1988
A Committee member asked if the bill applied to main roads . The
Deputy Chief Engineer testified that all main thoroughfares have
posted speeds and if the Department of public Works finds any areas
with unposted speeds, bills will be proposed to post appropriate
speeds .
Another Committee member questioned the bill in light of the new
state law allowing the County to enforce the traffic code on private
roads . The Deputy Chief Engineer stated that the Corporation Counsel
is presently reviewing that matter . The Committee member then stated
that the State law was enabling legislation and that the State
Constitution says that such an extension of jurisdiction would
require more [State ] funding .
A Committee member also stated that the County is being asked to
improve private roads and that the more the County puts restrictions
on [private roads] and exerts its authority, the more people [on
private roads] will want the County to maintain them.
Your Committee concurred with the Chief Engineer ' s recommendation to
amend the maximum speed limit to 25 mph when not otherwise specified
in Chapter 24 of the Hawaii County Code 1983.
Your Committee on Public Works is in accord w' th the intent and
purpose of Bill No . 603 and recommends its pa' sa on first reading
by the County Council .
e w \
MER E K. L I I , CHAWA7'OMAN
/
(ABSENT AND EXCUSED)
'USSELL S . KOKUB N, VICE CHR. FRANK DE LUZ III, MEMBER
(ABSENT AND EXCUSED)
TAKASHI DOMINGO, MEMBER SHERWOOD . H. GREENWELL, MEMB R
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