06-04-2010, 06:00 PM
Good points, Greg.
Abandoned cars are a problem in all of the subs with private roads.
Abandoned cars are a problem in all of the subs with private roads.
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State makes private roads subject to traffic law
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06-06-2010, 07:55 PM
Does this mean my 4 year old has to worry about being targeted while sitting on my lap steering down D road as I sip my beer ?
06-09-2010, 04:14 AM
Talk about having your cake and eating it too. I had Santori's kid (the one who held up the pharmacy = poor guy) roaming around my place as well as another bi-polar, schizo 'Goss' who took jack daniels in place of his meds...called the police cause I was weed wacking and he was screaming how God's gonna...blah, blah. The cop, having walked up within 1 1/2 feet of my face, said to me rather sternly "these roads are public access roads and you need to leave him alone". He said "we talked to him, he seems harmless". These are not private roads in the sense that I thought when I bought here and I will never again ask the police for assistance. Vigilante is my new favorite word. Kind-a miss the old days when there was a "home" for this type.
Yea, there are no particular speed limits here. The association put up 35mph....but they're only suggestions since they are only a non-profit and don't have those kinds of court-ordered rights. But, there are alot of people who have reg/safety issues and use old cars to get to the store and post office...I hope they'll be ok. The police don't exactly hang out here though.
06-09-2010, 05:02 AM
quote:Hawaii requires that the speed limits be established by law including private streets in sub-divisions. Here it is: http://www.co.hawaii.hi.us/countycode/ch...edules.pdf Note, article 2 covers private street speed limits
06-09-2010, 08:45 AM
Yes, Hawaii requires speed limits be established, but concerning hpp, which is a 35 mph 'zone', there is nothing under the hcc's articles or divisions. Article 11 contains the private st schedules and hpp isn't under any of them. In fact, the speeds of 10-30 mph are the only ones listed. Nothing under our current posted 35 mph, which tells me hppoa must have set those speeds not the county.
To mean it seems if the police can cite for speeding now in hpp, the county would have to change the speed limit to fit their standards. I could however be overlooking that section. Lots to read...... I have been researching the Hawaii revised statutes and Hawaii county codes concerning things like atv's and orv's, like the ones the road maintenance fellas use and the posted speed limit signs. Nothing but gaps. It will be interesting to see what happens with this new ordinance.
06-09-2010, 09:53 AM
quote:Bingo! Just like the the other three subdivisions, HPP would now need to have speed limits established for the roads, be written into the Code, and the County would have to post signs.
06-09-2010, 11:00 AM
Yes, but without HPPOA doing anything, drivers on their roads must have; License, Registration, Insurance and Safety Check, right?
Also no dirt bikes or ATV's with little kids riding on the handlebars. This is where the biggest impact could come. Previous scenario: Resident: Officer, this guy has no insurance and drove into my parked car, what are you going to do about it?" Officer: "Nothing Bra, Private Road" New scenario: Officer: "I see you have no safety or current registration either. After your field sobriety test I'm going to have to cite you"
06-10-2010, 03:19 AM
http://codes.lp.findlaw.com/histatutes/1/6/1/46/I/46-16
this code states that private roads open to the public for more than six months are open for the police to issue citations. I think its the lack of police presence that gives people the impression officers are restricted on what they can do in hpp. License, registration and things like that were always enforceable. The speed thing and atv things are another issue. The speed limit was set by a private entity. Not county or state. Atv\Orv's have no regulations in the state of hawaii. We are one of 5 states with no written laws on them. Not sure if kids ridding on handle bars would fall under criminal or traffic, but would be a tough one to get a conviction on either way in my opinion. this new ordinance has a funny smell to it. I mean if it was already written into the hrs that officers CAN cite on private roads, is it going to simply be 're-worded' or a whole new statute put into place? Either way, it doesnt help to much if the number of police doesnt increase to cover the hpp area which has been one of the main concerns with homeowners.
06-10-2010, 05:10 AM
quote:It's a technical change of HRS. The Police can enforce but the courts didn't think they had jurisdiction. There are several areas applicable to the laws and one may say "A" but the others may say "C" and "G" but not "B" or "J", and that's what this was intended to correct. It also clarified that "Roads In Limbo" are public roads.
06-10-2010, 07:50 AM
As Chairman of the HPP Neighborhood Watch, I have followed this story with great interest. We do have some dedicated police officers (some of whom live in HPP and some who do not) who have been writing citations on our private roads all along. What was happening in some cases was that rather than just paying the citations, cited individuals were disputing them and getting them thrown out in court. The new law will greatly reduce the ability to do that.
I agree that the speed limits remain a technical issue, but the immediate ability to cite for any number of other offenses makes us feel optimistic that our safety will be enhanced. (They might still be able to cite speeders for "unsafe driving under prevailing conditions" or some such similar statute if Hawaii has one.) ATV on-road use is illegal, and has been cited on HPP roads in the past. Hopefully, this will be done more often in the future because ATVs are frequently used in an unsafe manner that also damages our unpaved roads. Feeling cheerful, for once, about our prospects for safer roads, Jerry |
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