HOUSE OF REPRESENTATIVES

H.B. NO.

1692

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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 Hawaii'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 of vehicles approaching stationary motor vehicles stopped on the shoulder or roadside due to a traffic collision or vehicle maintenance or mechanical problem to slow down and make a lane change if necessary.

     SECTION 2.  Section 291C-27, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-27  Emergency or stationary vehicle stopped for emergencies; duty of approaching vehicle.  (a)  A driver of a vehicle that is approaching an emergency vehicle that is stopped for an emergency, investigation of a possible traffic violation, rendering assistance to a police officer, or other official duties, or any stationary vehicle that is stopped in any location, as indicated by the flashing emergency lights or warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any nonvehicular warning signs of the stopped emergency or stationary vehicle, shall:

     (1)  Slow down to a reasonable and prudent speed that is safe under the circumstances [of an emergency road situation ahead].  Reasonableness and prudence shall take into account weather conditions, road conditions, and vehicular and pedestrian traffic in the immediate area.  If necessary, the driver shall come to a complete stop before making a lane change under paragraph (2); and

     (2)  Make a lane change into the adjacent lane if necessary and if it is safe to do so, or if possible, to two lanes over [which leaves] so as to leave one lane between the driver and the emergency or stationary vehicle.

     (b)  As used in this section, "emergency vehicle" means a police or fire department vehicle, ocean safety vehicle, emergency medical services vehicle, freeway service patrol vehicle, sheriff division vehicle, Hawaii emergency management agency vehicle, county emergency management vehicle, civil defense vehicle, department of transportation harbors division vehicle, department of land and natural resources division of conservation and resources enforcement vehicle, or a tow truck.

     (c)  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.

     If a death or injury occurs and is attributable to the driver of the vehicle for a violation of subsection (a), 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 to read as follows:

     "§291-14  Pickup trucks; passenger restrictions.  (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)  Notwithstanding subsection (a), no operator of any pickup truck shall operate the vehicle with a passenger seated in the bed or load-carrying area of the vehicle:

     (1)  On a roadway with posted speed limits of forty-six miles per hour or higher; or

     (2)  On a roadway with three or more lanes traveling in the same direction.

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

     (1)  Persons or corporations operating a business or businesses that serve the public, who or which 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 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)] (d)  No operator of any pickup truck [may] shall operate the vehicle with any passenger [twelve] under eighteen 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.

    [(d)] (e)  Any person who violates this section shall be subject to a fine of $25 for each violation; provided that any person who violates subsection [(c)] (d) shall be subject to a fine of $50 for each separate violation.

     [(e)] (f)   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 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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

 


 

Report Title:

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

 

Description:

Part I:  Requires drivers of vehicles approaching stationary motor vehicles stopped on the shoulder or roadside due to a traffic collision or vehicle maintenance or mechanical problem to slow down and make a lane change if necessary.  Part II:  Prohibits the operation of a pickup truck with a passenger seated in the bed or load-carrying area on roadways with posted speed limits of forty-six miles per hour or higher and roadways with three or more lanes traveling in the same direction.  Provides certain exemptions from passenger restrictions.  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 eighteen years of age.  Effective 7/1/3000.  (HD1)

 

 

 

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