HB 1692: Stationary Vehicles; Traffic Safety; Duty of Approaching Vehicle; Traffic Violations; Pickup Trucks; Passenger Restrictions

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)

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

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.  Section 291C-27, Hawaii Revised Statutes, is amended by amending its title and subsection (a) 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 on the roadway, shoulder, or roadside, as indicated by the flashing emergency lights or warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any vehicular warning signs or nonvehicular warning signs of the stopped emergency or stationary vehicle, shall[:

     (1)  Slow] 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.], 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."

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 on a roadway with:

     (1)  Posted speed limits of forty-six miles per hour or higher; or

     (2)  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] 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)] (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] 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 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 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:  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.  (SD2)

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

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.  Section 291C-27, Hawaii Revised Statutes, is amended by amending its title and subsection (a) 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 on the roadway, shoulder, or roadside, as indicated by the flashing emergency lights or warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any vehicular warning signs or nonvehicular warning signs of the stopped emergency or stationary vehicle, shall[:

     (1)  Slow] 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.] and, if it is possible and safe to do so, make a lane change to an adjacent lane; provided that the driver shall come to a complete stop if necessary."

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 on a roadway with:

     (1)  Posted speed limits of forty-six miles per hour or higher; or

     (2)  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] 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)] (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] 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.  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 approaching stationary vehicles displaying warning signals to slow down and make a lane change if possible and safe to do so and come to a complete stop 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.  (SD1)

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

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 approaching stationary vehicles displaying warning signals to slow down and make a lane change if possible and safe to do so.

     SECTION 2.  Section 291C-27, Hawaii Revised Statutes, is amended by amending its title and subsection (a) 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 on the roadway, shoulder, or roadside, as indicated by the flashing emergency lights or warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any vehicular warning signs or nonvehicular warning signs of the stopped emergency or stationary vehicle, shall[:

     (1)  Slow] 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] or, if possible and safe to do so, 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]."

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 on a roadway with:

     (1)  Posted speed limits of forty-six miles per hour or higher; or

     (2)  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] 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 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] 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.  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 approaching stationary vehicles displaying warning signals to slow down and make a lane change if possible and safe to do so.  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.  (HD2)

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

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)

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

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.

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.

STAND. COM. REP. NO.  1173-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1692

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1692, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require drivers approaching stationary vehicles displaying warning signals to slow down and make a lane change if necessary;

     (2)  Prohibit 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;

     (3)  Increase 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; and

     (4)  Provide certain exemptions from passenger restrictions for pickup trucks.

     Your Committee received testimony in support of this measure from the Department of Transportation; Keiki Injury Prevention Coalition; AAA Hawaiʻi; and Oahu Metropolitan Planning Organization.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that individuals stopped on the roadside face significant danger from passing vehicles, with thousands of fatalities nationwide occurring in these circumstances.  Your Committee further finds that the existing "move over" law applies only to emergency vehicles, leaving ordinary motorists, commercial drivers, and roadside workers without the same level of protection despite similar safety risks.  Your Committee believes that expanding slow down and lane change requirements to all stationary vehicles and strengthening pickup truck passenger safety rules will reduce preventable roadside injuries and fatalities by creating clearer, more consistent roadway safety expectations for drivers.

     Your Committee has amended this measure by:

     (1)  Specifying that the measure applies when stationary vehicles are stopped on the roadway, shoulder, or roadside;

     (2)  Including vehicular warning signs in the list of warning signs to which a driver should slow down and change lanes;

     (3)  Repealing language that detailed behavior for determining reasonableness and prudence;

     (4)  Clarifying that drivers should change lanes if possible and safe to do so, rather than only if necessary;

     (5)  Repealing language stating that a driver move two lanes over, if possible; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1692, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1692, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  440-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1692

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred H.B. No. 1692 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC SAFETY,"

begs leave to report as follows:

     The purpose of this measure is to, beginning January 1, 2027, 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.

     Your Committee received testimony in support of this measure from the Department of Transportation; Oahu Metropolitan Planning Organization; AAA Hawaiʻi; and Hawaii Transportation Association.  Your Committee received comments on this measure from the Department of the Attorney General and one individual.

     Your Committee finds that motorists and passengers who are stopped on the shoulder or roadside due to collisions or mechanical failures face significant safety risks from approaching traffic.  While existing law requires drivers to move over for certain emergency vehicles, it does not extend the same level of protection to ordinary disabled vehicles displaying hazard lights or other warning signals.  By requiring drivers to slow down and, when safe, change lanes when approaching stationary vehicles, this measure strengthens protections for stranded motorists and promotes safer roadways throughout the State.

     Your Committee further finds that the safety of passengers riding in traffic also remains a paramount concern on Hawaii's roadways.  Passengers riding in the bed or load-carrying area of pick up trucks are especially vulnerable to serious injury or death, particularly on high-speed roadways or multi-lane highways where traffic volumes and travel speeds increase the severity of collisions.  Establishing clear guidelines related to passengers riding in the bed or load-carrying area of pick up trucks will promote safety, while also balancing the transportation needs of certain communities.

     Therefore, your Committee has amended this measure by:

     (1)  Clarifying the duty of an approaching vehicle to slow down for any vehicle that is stopped at any location on the roadway;

     (2)  Broadening the circumstances when a driver is required to slow down when approaching an emergency or stationary vehicle;

     (3)  Deleting the definition of "stationary vehicle";

     (4)  Adding a new part that:

          (A)  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;

          (B)  Provides certain exemptions from passenger restrictions; and

          (C)  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;

     (5)  Changing the effective date to July 1, 3000, to encourage further discussion; and

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

     Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider the concerns from the Oahu Metropolitan Planning Organization regarding defining the term "prudent speed" to improve enforcement capabilities by law enforcement officers.

     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 H.B. No. 1692, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1692, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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