THE SENATE	S.B. NO.	2026
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic safety.

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

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 Act 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 on the shoulder or roadside due to a traffic collision or vehicle maintenance or mechanical problem, 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 one lane between the driver and the emergency vehicle.

(b) As used in this section[, "emergency]:

"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.

"Stationary vehicle" means a stationary motor vehicle or truck, as defined in section 286-2, used for, including but not limited to maintenance, utility, construction, delivery, transit, and passenger movement.

(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."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2027.

INTRODUCED BY:

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Report Title:

Stationary Vehicles; Traffic Safety; Duty of Approaching Vehicle

Description:

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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.