THE SENATE

S.B. NO.

2812

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION SAFETY.

 

 

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

 

     SECTION 1.  The legislature finds that vehicles having a hood height greater than forty inches are forty-five per cent more likely to kill pedestrians after striking them, because the impact is closer to the head or torso rather than with lower vehicles.  The legislature also finds that the penalties for excessive speeding and driving while intoxicated may include fines or license suspension.

     Accordingly, the purpose of this Act is to require:

     (1)  The examiner of drivers to test driver's license applicants on knowledge of the dangers that larger motor vehicles, including trucks and sport utility vehicles, pose to pedestrians and bicyclists; and

     (2)  Persons who commit the offense of excessive speeding to pass a driver's license examination only if and when those drivers apply for a new driver's license.

     SECTION 2.  Section 286-108, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Except as provided in section 286-107.5(a)[,] or as otherwise provided in this part, the examiner of drivers shall examine every applicant for a driver's license[, except as otherwise provided in this part].  The examination shall include a test of:

     (1)  The applicant's eyesight and any further physical examination that the examiner of drivers finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways;

     (2)  The applicant's ability to understand highway signs regulating, warning, and directing traffic;

     (3)  The applicant's knowledge of the rules of the road based on the traffic laws of the State and the traffic ordinances of the county where the applicant resides or intends to operate a motor vehicle; provided that the examination shall specifically test the applicant's knowledge of the provisions of [section] sections 291C-121.5 and [section] 291C-137; [and]

     (4)  The applicant's knowledge of the dangers that large vehicles, including trucks, pose to pedestrians and bicyclists; and

    [(4)] (5)  The actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

The examinations shall be appropriate to the operation of the category of motor vehicle for which the applicant seeks to be licensed and shall be conducted as required by the director.

     The examiner of drivers shall require every applicant to comply with section 286-102.5.

     The examiner of drivers may waive the actual demonstration of ability to operate a motorcycle or motor scooter for any person who furnishes evidence, to the satisfaction of the examiner of drivers, that the person has completed the motorcycle education course approved by the director in accordance with section 431:10G-104.

     For the purposes of this section, [the term] "applicant" does not include any person reactivating a license under section 286-107.5(a)."

     2.  By amending subsection (c) to read:

     "(c)  The examiner of drivers may waive the written or oral examination required under subsection (a)(2) [and], (3), and 4 and the actual demonstration of ability to operate a motor vehicle for any person who:

     (1)  Is at least eighteen years of age and [who] possesses a valid driver's license issued to the applicant in any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for the operation of vehicles in categories 1 through 3 of section 286-102;

     (2)  Has completed the same requirements as set forth in section 286-102.6(f) in another state and possesses a valid provisional license from that state; or

     (3)  Is at least eighteen years of age and [who] possesses a valid driver's license issued to the applicant in any jurisdiction for which the director has granted reciprocal licensing privileges in accordance with section 286-101.5 for the operation of vehicles in category (3) of section 286-102(b)."

     SECTION 3.  Section 291C-105, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-105  Excessive speeding.  (a)  No person shall drive a motor vehicle at a speed exceeding:

     (1)  The applicable state or county speed limit by thirty miles per hour or more; or

     (2)  Eighty miles per hour or more irrespective of the applicable state or county speed limit.

     (b)  For the purposes of this section, "the applicable state or county speed limit" means the maximum speed limit established:

     (1)  By county ordinance;

     (2)  By official signs placed by the director of transportation on highways under the director's jurisdiction; or

     (3)  Pursuant to section 291C-104 by the director of transportation or the counties for school zones and construction areas in their respective jurisdictions.

     (c)  Any person who violates subsection (a) shall be guilty of a petty misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  For a first offense not preceded by a prior conviction for an offense under subsection (a) in the preceding five years:

          (A)  A fine of [not] no less than $500 and [not] no more than $1,000;

          (B)  Thirty-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the thirty-day prompt suspension of license, a minimum fifteen-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the thirty-day period, a restriction on the license that allows the person to drive for limited work-related purposes;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of [not] no more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

              (i)  Thirty-six hours of community service work; or

             (ii)  [Not] No less than forty-eight hours and [not] no more than five days of imprisonment; and

     (2)  For an offense that occurs within five years of a prior conviction for an offense under subsection (a):

          (A)  A fine of [not] no less than $750 and [not] no more than $1,000;

          (B)  Prompt suspension of license and privilege to operate a vehicle for a period of thirty days with an absolute prohibition from operating a vehicle during the suspension period;

          (C)  Attendance in a course of instruction in driver retraining;

          (D)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

          (E)  [A] If the court so orders, a surcharge of [not] no more than $100 to be deposited into the trauma system special fund under section 321-22.5[, if the court so orders];

          (F)  An assessment for driver education pursuant to section 286G-3; and

          (G)  Either one of the following:

              (i)  [Not] No less than one hundred twenty hours of community service work; or

             (ii)  [Not] No less than five days but [not] no more than fourteen days of imprisonment of which at least forty-eight hours shall be served consecutively.

     (d)  Notwithstanding subsection (c), any person who violates subsection (a) within five years of two prior convictions for the same offense shall be guilty of a misdemeanor and shall be sentenced as follows without the possibility of probation or suspension of sentence:

     (1)  A mandatory minimum jail sentence of thirty days;

     (2)  Revocation of license and privilege to operate a vehicle for a period of [not] no less than ninety days but [not] no more than six months;

     (3)  Attendance in a course of instruction in driver retraining;

     (4)  A surcharge of $25 to be deposited into the neurotrauma special fund under section 321H-4;

     (5)  A surcharge of [not] no more than $100 to be deposited into the trauma system special fund under section 321-22.5, if the court so orders;

     (6)  An assessment for driver education pursuant to section 286G-3; and

     (7)  That the vehicle used in the commission of the offense be subject to forfeiture under chapter 712A, if the court so orders.

     (e)  In addition to any penalties imposed by this section, any person who violates this section and applies for a driver's license anytime thereafter shall be required to pass a driver's license examination as provided in section 286-108."

     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:

Driver's License; License Examination; Excessive Speeding; Penalties

 

Description:

Requires testing of driver license applicants on the dangers that larger motor vehicles present to pedestrians and bicyclists.  Requires persons who commit the offense of excessive speeding to pass the driver license examination only if and when those drivers apply for a new driver's license.  Effective 7/1/3000.  (HD1)

 

 

 

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