Saturday, July 11, 2020
Hawai'i Free Press

Current Articles | Archives

Saturday, May 21, 2016
Hawaii Supreme Court Rules on Big Cabbage Case
By Robert Thomas @ 11:20 PM :: 5919 Views :: Agriculture, Judiciary, Law Enforcement, Police

PICT0632

2013. August 28. 2:00 p.m. I was working the day watch patrol on the Belt Highway. I observed a green flatbed pickup truck driving towards Hilo with a load of open containers loaded with a green leafy substance. I suspected this could either be cabbage or lettuce. I pursued to investigate. Approximately a half a mile to a mile up the road, I began observing cabbage or lettuce on and to the side of the road. I had passed this location approximately 45 minutes earlier, and there was no such cabbage. I observed no other vehicle with cabbage. I then engaged my siren and lights and commenced a pursuit of the suspect green flatbed pickup truck which I had earlier observed. I apprehended the suspect and issued a citation for violation of Hawaii Revised Statutes § 291-C-131, which prohibits the transportation of a load without preventing any of it -- other than clear water or feathers from live birds -- from exiting the vehicle. My name is Fuiava. I carry a badge.

  *   *   *   *   *

HAWSCT: Removal Of Cabbage Trimmings From Highway Would Have Been Unreasonable

by Robert Thomas, InverseCondemnation, May 19, 2016

An ag law detour today, with a bit of Hawaii's history thrown in the mix.

In State v. Bowman, No. SCWC-13-0005863 (May 9, 2016), the unanimous Hawaii Supreme Court threw out the conviction of the farmer, tagged by Officer Fuiava of Five-O for transporting a load of cabbage uncovered. He didn't pick the lost trimmings up, and was cited. (And in case you are wondering, no, the above photo is not of the said Hawaii cabbage farmer, but rather a Cairo cauliflower transporter taken a few years ago. Always been meaning to find a way to use that photo in a post.)

As noted above, when you load stuff in your truck, Hawaii law requires you to cover it. To prevent that stuff from flying out and creating a road hazard, obviously. The statute, however, also contains an exception to the covered load requirement for vehicles carrying agricultural products. Originally enacted in the sugar days, this exception allows uncovered ag loads as long as the transporter provides for the "reasonable removal" of all produce spilled. Covering the trucks which hauled sugar cane from the fields to the mills wasn't really practical. So the sugar growers got their statutory exemption.   

Our Hawaii farmer didn't remove the cabbage, and even though he stopped to consider doing so, he concluded the highway was pretty busy and it wasn't worth the risk of running out into traffic and getting hit. The trial court and the Intermediate Court of Appeals didn't buy his argument that "reasonable removal" didn't cover the situation here, because he didn't try to remove the cabbage, even though the prosecution didn't contest that "running into the highway to remove the cabbage rather than leaving it to decompose was not reasonable, and the prosecution did not show that leaving the cabbage to disintegrate on the highway was not reasonable removal." Slip op. at 8. The issue was whether the farmer provided for reasonable removal of the spilled cabbage. The lower courts concluded that this means that "some kind of removal of spilled produce be performed," but that removal need only be done to the extent reasonable. Slip op. at 19.

The Supreme Court disagreed, and concluded that this was "too narrow," and that the statute requires only that the spilled produce be reasonable to remove. Thus, when the farmer testified without contradiction that it would have been dangerous to "risk 'life and limb' on a busy highway" to pick up cabbage trimmings, he met his burden of proving the statutory exception:

Here, Bowman’s cabbage trimmings are arguably not potential traffic hazards, especially when compared with the sugar cane stalks originally contemplated under this statute. And while it would be reasonable to remove sugar cane stalks from a highway in order to prevent an accident or vehicle damage, it might not be reasonable to remove cabbage trimmings, especially if the attempted removal is on a busy highway and is itself risky for both the person attempting the removal and the motorists driving on the highway.

Slip op. at 21. "For these reasons," the court concluded, "we hold that 'reasonable removal' of spilled produce is only necessary when reasonable." Id.

PDF: State v. Bowman, No. SCWC-13-0005863 (Haw. May 9, 2016)

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT