STAND. COM. REP. NO. 2140

 

Honolulu, Hawaii

                   

 

RE:     S.B. No. 2172

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committee on Transportation, to which was referred S.B. No. 2172 entitled:

 

"A BILL FOR AN ACT RELATING TO VEHICLES,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Allow an all-terrain vehicle to drive in the evening and night if they are equipped with headlights, tail lights, turn signals, and brake lights, and while displaying a slow moving vehicle emblem;

 

     (2)  Allow, rather than require, drivers of all-terrain vehicles to wear a safety helmet with a securely fastened chin strap;

 

     (3)  Amend the definition of "utility-terrain vehicle" to include a motor vehicle that accommodates one driver and one passenger sitting side-by-side, and up to six people in seat belts; and

 

     (4)  Include "all-terrain vehicle" in the definition of "motor vehicle" under the State's motor vehicle insurance law.

 

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau and one individual.

 

     Your Committee received testimony in opposition to this measure from the Department of Customer Services of the City and County of Honolulu.

 

     Your Committee received comments on this measure from the Department of the Attorney General, Department of Transportation, and Insurance Division of the Department of Commerce and Consumer Affairs.

 

     Your Committee finds that farmers and ranchers across the State depend on all-terrain vehicles and utility-terrain vehicles to carry out daily agricultural operations safely and efficiently.  Agricultural work often begins in the early morning hours and continues into the evening; therefore, allowing properly equipped all-terrain vehicles and utility-terrain vehicles to operate when it is dark reflects the reality of farm operations.  This measure will update vehicle definitions to reflect modern agricultural equipment and provide flexibility to farmers, ranchers, and public employees who operate these vehicles while prioritizing safety.

 

     Your Committee notes the concern raised by the Department of the Attorney General that broadening the permitted uses of all-terrain vehicles and utility terrain vehicles would require operators to insure these vehicles under a motor vehicle insurance policy.  Therefore, amendments to this measure are necessary to address this concern.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Clarifying that a utility terrain vehicle may be driven on streets during evening and night hours under certain conditions;

 

     (2)  Inserting language to require that an all-terrain vehicle or utility terrain vehicle used as farm equipment shall be regulated as a motor vehicle when operated on a street;

 

     (3)  Inserting a definition of "utility terrain vehicle" for purposes of the Motor Vehicle Insurance law;

 

     (4)  Including utility terrain vehicles operating on a street under certain conditions in the definition of "motor vehicle" for purposes of the Motor Vehicle Insurance law; and

 

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2172, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2172, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

 

 

________________________________

LORRAINE R. INOUYE, Chair