HOUSE OF REPRESENTATIVES

H.B. NO.

1692

THIRTY-THIRD LEGISLATURE, 2026

H.D. 2

STATE OF HAWAII

S.D. 2

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRAFFIC SAFETY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

PART I

     SECTION 1.  The legislature finds that the State's roadways may present safety risks to individuals that are stopped on the shoulder or roadside due to a disabled vehicle.  Although existing law requires motorists to slow down and move over when approaching certain emergency vehicles, the law allows unsafe passing for all other vehicles.  According to the National Highway Traffic Safety Administration, nearly three thousand six hundred fatalities occurred nationwide between 2014 and 2022 when ordinary drivers and passengers were stranded in or near their disabled vehicles.

     The legislature further finds that, as of 2025, twenty-nine states have enacted comprehensive "move over" laws to cover all disabled vehicles displaying hazard warning lights or other recognized safety signals.

     Accordingly, the purpose of this part is to require drivers approaching stationary vehicles displaying warning signals to slow down and make a lane change if possible and safe to do so.

     SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291C-     Stationary vehicle stopped for emergencies; duty of approaching vehicle.  (a)  A driver of a vehicle that is approaching a stationary vehicle stopped in any location on the roadway or shoulder, as indicated by reasonable warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any other vehicular or nonvehicular warning signs of the stopped stationary vehicle, shall slow down to a reasonable and prudent speed that is safe under the circumstances, and, if it is possible and safe to do so, make a lane change to an adjacent lane; provided that if a lane change is not possible or safe, the driver shall continue at a reasonable and prudent speed and come to a complete stop if necessary.

     (b)  Violation of subsection (a) shall not be subject to section 287-20, relating to furnishing proof of financial responsibility.

     A violation of subsection (a) shall constitute a violation if no death or injury results from the violation; provided that if a death or injury occurs and is attributable to the driver of the vehicle, then the driver shall instead be charged under section 707-702.5 for negligent homicide in the first degree; section 707-703 for negligent homicide in the second degree; section 707-704 for negligent homicide in the third degree; section 707-705 for negligent injury in the first degree; or section 707-706 for negligent injury in the second degree, as applicable."

PART II

     SECTION 3.  Section 291-14, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a) to (c) to read:

     "(a)  No person shall stand in the bed or load-carrying area of any motor vehicle commonly known as a pickup truck while the vehicle is in operation.  No operator of any pickup truck shall operate the vehicle with a passenger seated in the bed or load-carrying area of the vehicle unless:

     (1)  There is no seating available in the cab of the vehicle;

     (2)  The side racks of the vehicle are securely attached and the tailboard or tailgate is securely closed; and

     (3)  Every passenger in the bed or load-carrying area of the vehicle is seated on the floor and does not attempt to control unlashed cargo.

    (b)  This section shall not apply to [persons]:

     (1)  Persons or corporations operating a business or businesses that serve the public, who or [which] that are subject to the jurisdiction, supervision, and regulations prescribed by state agencies or departments nor to their agents or employees when engaged in the business of [such] these persons or corporations[.];

     (2)  Persons operating a pickup truck for the transportation of agricultural or farm workers;

     (3)  Law enforcement, fire, and emergency medical services vehicles engaged in official duties; and

     (4)  Military vehicles engaged in official operations.

    (c)  No operator of any pickup truck [may] shall operate the vehicle with any passenger [twelve] under sixteen years of age [or under] in the bed or load-carrying area of the vehicle, unless one of the following applies:

     (1)  An emergency exists that threatens the life of the passenger being transported in the bed or load-carrying area of the vehicle; or

     (2)  The vehicle is being operated in parades, caravans, or exhibitions [which] that are officially authorized or otherwise permitted by law."

2.  By amending subsection (e) to read:

     "(e)  As used in this section, "pickup truck" means a light truck that has a cab on the front part of the vehicle covering the driver's seat and an open bed behind the cab designed primarily to transport property or cargo, with sides and a tailgate to retain the contents within the confines of the bed, and has a maximum gross vehicle weight rating (GVWR) of [11,000] eleven thousand pounds or less."

PART III

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

Report Title:

Stationary Vehicles; Traffic Safety; Duty of Approaching Vehicle; Traffic Violations; Pickup Trucks; Passenger Restrictions

 

Description:

Part I:  Requires drivers approaching stationary vehicles displaying warning signals to slow down to a reasonable and prudent speed and make a lane change if possible and safe to do so or come to a complete stop if necessary.  Part II:  Provides certain exemptions from passenger restrictions related to the operation of a pickup truck with a passenger seated in the bed or load-carrying area of the vehicle.  Increases the minimum age to ride in the bed or load-carrying area of a pickup truck while in operation from twelve years of age to sixteen years of age.  (CD1)

 

 

 

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