Question: Several years ago the state set up seven buoys at Ala Moana Beach to prevent collisions between swimmers and stand-up paddlers. Today there are six buoys left. The one closest to Magic Island disappeared over a year ago. A few months ago the one in the center was moved to the Ewa end about 10 yards from the one that was already there, so now there is no middle buoy and two next to each other at the Ewa end. Why? And why was the middle buoy moved? It was a visual landmark for swimmers who tried to avoid the stand-up paddlers. I have asked the lifeguards and paddleboard vendors, and they do not know why. I called the state Department of Land and Natural Resources and explained the situation, but they have not responded.
Answer: It was probably your call that alerted the department to the situation.
DLNR’s Oahu district boating office said it was made aware of the issue just about a week and a half ago.
None of the buoys was moved by staff, said Meghan Statts, Oahu district manager for the Division of Boating and Ocean Recreation.
Instead, there may be an issue with the concrete blocks or the buoys themselves that caused them to move.
The buoys will be reinstalled through the division’s contract for buoy maintenance. The contractor will be given the GPS (Global Positioning System) coordinates, Statts said.
We’re told it "shouldn’t take too long" to replace the buoys.
The original buoys, fabricated in-house, were installed in 2010.
Question: I notice that all police officers give a yellow carbon copy to violators of traffic laws. But Section 291C-165(b) of the Hawaii Revised Statutes says, "In every case when a citation is issued, the original of the citation shall be given to the violator." That seems pretty black-and-white. Why aren’t the originals handed to violators?
Answer: It turns out that the state Judiciary’s Civil Traffic Rules supercede that provision of the law as part of the state’s effort to ensure that minor traffic infractions are handled in a "just, speedy and inexpensive" manner.
The Civil Traffic Rules are developed by the state Supreme Court and subject to public comment and review, said Judiciary spokeswoman Tammy Mori.
"Rule 7 of the Civil Traffic Rules requires the officer to file the original notice to the Traffic Violations Bureau," Mori said.
Specifically, Rule 7, dealing with "Filing the notice of infraction," says, "The officer or some other person authorized by the issuing entity shall file the original of the notice of infraction with, or transmit an electronic copy of the notice of infraction to, the Traffic Violations Bureau or District Court in the circuit where the alleged infraction occurred, no later than ten (10) calendar days after the date the notice is issued."
Mori also pointed to Rule 2 of the Civil Traffic Rules, which says the rules govern the practice and procedures in the state’s district courts "for all cases involving civil infractions except as otherwise provided by (Hawaii Revised Statutes) Chapter 291D" for the purpose of securing "the just, speedy and inexpensive determination of every charged infraction."
The purpose of Chapter 291D was to set up a system of processing traffic offenses deemed "not of a serious nature" and decriminalized to the level of "violations," in response to a request by the 1978 Legislature.
The intent was to streamline and expedite the process of handling the majority of traffic matters, ultimately, to "save the taxpayers money and reduce their frustration with the judicial system by simplifying the traffic court process."
You can find Chapter 291D online at 1.usa.gov/1kI3UVc.
Mahalo
Belatedly, to the person who found my lost cellphone at the ‘Iolani Family Fair in April and turned it in to Lost and Found. Your act of kindness and honesty truly saved me a lot of grief since it had many precious photos and important business information.
— Grateful Grandpa
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Write to "Kokua Line" at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
