HB 2023: DOT; Judiciary; Active Intelligent Speed Assistance Systems; Penal Code; Traffic Offenses
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-05-01
Current Status:
Passed
(2026-07-15: Act 260, on 07/15/2026 (Gov. Msg. No. 1363).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill directs the Department of Transportation to run a statewide program to certify and monitor active intelligent speed assistance systems (aftermarket devices that warn drivers or help prevent a vehicle from exceeding speed limits) and to pick a vendor to install and maintain them. It limits most civil liability for vehicle makers, makes bypassing or tampering with the systems a misdemeanor, and allows courts to order installation as part of penalties for racing or excessive speeding, with fines, jail time, and license suspensions for violations.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Requires the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems. Limits the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems. Makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor. Establishes penalties for operating a motor vehicle in violation of a court-ordered active intelligent speed assistance system requirement. Allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. Effective 1/1/2028. (CD1)
Requires the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems. Limits the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems. Makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor. Allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. Effective 7/1/3000. (SD1)
Requires the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems. Limits the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems. Makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor. Allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. Effective 7/1/3000. (HD2)
Beginning 7/1/2030: makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor; requires the Department of Transportation to select a vendor for the installation and maintenance of active intelligent speed assistance systems; and allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. Effective 7/1/3000. (HD1)
Beginning with the 2030 model year, requires new passenger vehicles to be equipped with passive intelligent speed assistance systems. Beginning 7/1/2030: makes circumventing or tampering with an active intelligence speed assistance system a misdemeanor; requires the Department of Transportation to select a vendor for the installation and maintenance of active intelligent speed assistance systems; and allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2023 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
"§286- Active intelligent speed assistance systems. (a) The director shall establish and administer a statewide program relating to certification and monitoring of active intelligent speed assistance systems installed pursuant to chapter 291C and shall select a single vendor to install and maintain those systems pursuant to this section.
(b) The program shall include standards and procedures for the certification of active intelligent speed assistance systems installed pursuant to chapter 291C. The program shall, at a minimum, require that the systems:
(1) Do not impede the safe operation of the motor vehicle;
(2) Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence that the system has not been bypassed, circumvented, or tampered with;
(3) Work accurately and reliably in an unsupervised environment;
(4) Have the capability to provide an accurate measure of speed and record each attempt to bypass, circumvent, or tamper with the active intelligent speed assistance systems;
(5) Minimize inconvenience to other users of the motor vehicle;
(6) Be manufactured or distributed by the vendor that is responsible for the installation, user training, service, and maintenance of the active intelligent speed assistance systems;
(7) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
(8) Be manufactured by an entity that is adequately insured against liability, in an amount established by the director, including product liability and liability against installation and maintenance errors; and
(9) Provide for an electronic log of a driver's experience with an active intelligent speed assistance system with an information management system capable of electronically delivering information to the department of transportation within twenty-four hours of the collection of the information from the data logger.
(c) The vendor selected for installation and maintenance of the active intelligent speed assistance systems shall be audited annually by the department of transportation pursuant to this section and the rules adopted under this section. The department of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.
(d) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1.
§286- Automobile manufacturer, distributor, or retailer responsibility; liability; lessors and lienholders. (a) A manufacturer, distributor, or retailer of a motor vehicle shall not be liable for any loss, injury, or damages caused by the design, manufacture, or installation of an active intelligent speed assistance system or the improper installation, use, or misuse of an active intelligent speed assistance system.
(b) Notwithstanding subsection (a), a manufacturer, distributor, or retailer of a motor vehicle shall be liable if the manufacturer, distributor, or retailer intentionally or knowingly engages in a repair or update of an active intelligent speed assistance system and the repair or update proximately causes loss, injury, or damage.
(c) Nothing in this chapter shall require a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an active intelligent speed assistance system.
(d) Nothing in this chapter shall prohibit a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an active intelligent speed assistance system has been installed in a motor vehicle that is subject to a lease or finance agreement.
(e) A lessor or lienholder may charge a reasonable fee to a customer for the removal of an active intelligent speed assistance system.
(f) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1."
SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding two new sections to part X to be appropriately designated and to read as follows:
"§291C-A Circumvention of or tampering with an active intelligent speed assistance system. (a) A person commits the offense of circumvention of or tampering with an active intelligent speed assistance system if the person intentionally, knowingly, or recklessly circumvents or tampers with an active intelligent speed assistance system installed on a motor vehicle pursuant to this chapter resulting in the system becoming inaccurate or inoperable.
(b) Circumvention of or tampering with an active intelligent speed assistance system shall be a misdemeanor. In addition to any other penalties provided by law, all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) at the time of sentencing shall be suspended.
(c) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1.
§291C-B Operating a motor vehicle in violation of a court-ordered active intelligent speed assistance system requirement; penalties. (a) No person who has been ordered to install an active intelligent speed assistance system pursuant to section 291C-103 or 291C-105 shall operate or assume actual physical control of any vehicle not equipped with an active intelligent speed assistance system.
(b) Any person convicted of violating this section shall be sentenced as follows, without possibility of probation or suspension of sentence:
(1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section:
(A) A term of imprisonment of no less than three consecutive days and no more than thirty days;
(B) A fine of no less than $250 and no more than $1,000; and
(C) Suspension of license and privilege to operate a motor vehicle for one year, including all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time of sentencing;
(2) For an offense that occurs within ten years of a prior conviction for an offense under this section:
(A) Thirty days imprisonment;
(B) A $1,000 fine; and
(C) Suspension of license and privilege to operate a motor vehicle for two years, including all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time of sentencing; and
(3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section:
(A) No less than six months and no more than one year imprisonment;
(B) A $2,000 fine; and
(C) Suspension of license and privilege to operate a motor vehicle for four years, including all active intelligent speed assistance system permits issued to the person pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time of sentencing.
(c) The applicable period of suspension pursuant to subsection (b) shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section."
SECTION 3. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:
"§286-132 Driving while license
suspended or revoked. Except as
provided in [section] sections 291C-103, 291C-105, and 291E-62,
no resident or nonresident whose driver's license, right, or privilege to
operate a motor vehicle in [this] the State has been canceled,
suspended, or revoked may drive any motor vehicle upon the highways of [this]
the State while the license, right, or privilege remains canceled,
suspended, or revoked."
SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Active intelligent speed assistance system" means an aftermarket device that actively advises a driver when a vehicle is or prevents a motor vehicle from exceeding the applicable speed limit, does not interact with the braking system, and is installed in or integrated with a motor vehicle. "Active intelligent speed assistance system" determines the applicable speed limit and advises a driver when the vehicle is or prevents the vehicle from exceeding that limit, excluding dynamic speed zones, using technology including, but not limited to integrated location-based technology, digital mapping data, or camera-based traffic sign recognition. "Active intelligent speed assistance system" includes all necessary components for installation, operation, monitoring, and data transmission."
SECTION 5. Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:
"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.
(b)
Any person who violates this section, except in the case of an
exhibition of speed or acceleration, shall be fined [not] no more
than $500 or imprisoned [not] no more than six months, or
both. Any person who violates this
section by way of an exhibition of speed or acceleration shall be fined [not]
no more than $500 or be sentenced to perform community service, or both.
(c) Upon proof that the defendant:
(1) Had a valid driver's license at the time of sentencing for the subject offense;
(2) Has installed an active intelligent speed assistance system in any vehicle the defendant operates on a public highway pursuant to this subsection; and
(3) Has obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court may issue an active intelligent speed assistance system permit that shall allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system on a public highway during the suspension period. Nothing in this section shall prevent a court from subsequently revoking the active intelligent speed assistance system permit, following a subsequent offense or otherwise. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense.
[(c)]
(d) Any person who violates this
section while operating a vehicle at a speed exceeding the posted speed limit
by thirty miles per hour or more shall be subject to a fine of [not] no
more than $2,000, a term of imprisonment of [not] no more than
one year, or both; provided that the following additional penalties shall also
apply:
(1) For an offense that occurs within five years of a prior conviction, a one-year license suspension;
(2) For an offense that occurs within five years of two prior convictions:
(A) A three-year license suspension; and
(B) A vehicle owned by the defendant and used in the
commission of the offense which has been used in at least two prior offenses
that resulted in convictions may be ordered by the court to be subject to
forfeiture under chapter 712A; [and]
(3) A person who fails to comply with active intelligent speed assistance system requirements imposed pursuant to this section shall be subject to section 291C-B; and
[(3)] (4) For all offenses under this section, a
surcharge of up to $100 may be deposited in the trauma system special fund if
the court so orders.
[(d)] (e) [As used in] For the purposes of
this section:
"Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle.
"Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes."
SECTION 6. 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[;], subject to subsection (e);
(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
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[;],
subject to subsection (e);
(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
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]
Suspension 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[;], subject to subsection (e);
(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) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates on a public highway pursuant to subsection (c) or (d); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system on a public highway during the suspension or revocation period. Nothing in this section shall prevent a court from subsequently revoking the active intelligent speed assistance system permit, following a subsequent offense or otherwise. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on January 1, 2028; provided that section 1 of this Act shall take effect upon its approval.
Report Title:
DOT; Judiciary; Active Intelligent Speed Assistance Systems; Penal Code; Traffic Offenses
Description:
Requires the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems. Limits the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems. Makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor. Establishes penalties for operating a motor vehicle in violation of a court-ordered active intelligent speed assistance system requirement. Allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. Effective 1/1/2028. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2023 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
"§286- Active intelligent speed assistance systems. (a) The director shall establish and administer a statewide program relating to certification and monitoring of active intelligent speed assistance systems installed pursuant to chapter 291C and shall select a single vendor to install and maintain those systems.
(b) The program shall include standards and procedures for the certification of active intelligent speed assistance systems installed pursuant to chapter 291C. The program shall, at a minimum, require that the systems:
(1) Do not impede the safe operation of the motor vehicle;
(2) Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence that the system has not been bypassed, circumvented, or tampered with;
(3) Work accurately and reliably in an unsupervised environment;
(4) Have the capability to provide an accurate measure of speed and record each attempt to bypass, circumvent, or tamper with the active intelligent speed assistance systems;
(5) Minimize inconvenience to other users of the motor vehicle;
(6) Be manufactured or distributed by the vendor that is responsible for the installation, user training, service, and maintenance of the active intelligent speed assistance systems;
(7) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
(8) Be manufactured by an entity that is adequately insured against liability, in an amount established by the director, including product liability and liability against installation and maintenance errors; and
(9) Provide for an electronic log of a driver's experience with an active intelligent speed assistance system with an information management system capable of electronically delivering information to the department of transportation within twenty-four hours of the collection of the information from the data logger.
(c) The vendor selected for installation and maintenance of the active intelligent speed assistance systems shall be audited annually by the department of transportation pursuant to this section and the rules adopted under this section. The department of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.
(d) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1.
§286- Automobile manufacturer, distributor, or retailer responsibility; liability; lessors and lienholders. (a) A manufacturer, distributor, or retailer of a motor vehicle shall not be liable for any loss, injury, or damages caused by the design, manufacture, or installation of an active intelligent speed assistance system or the improper installation, use, or misuse of an active intelligent speed assistance system.
(b) Notwithstanding subsection (a), a manufacturer, distributor, or retailer of a motor vehicle shall be liable if the manufacturer, distributor, or retailer intentionally or knowingly engages in a repair or update of an active intelligent speed assistance system and the repair or update proximately causes loss, injury, or damage.
(c) Nothing in this chapter shall require a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an active intelligent speed assistance system.
(d) Nothing in this chapter shall prohibit a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an active intelligent speed assistance system has been installed in a motor vehicle that is subject to a lease or finance agreement.
(e) A lessor or lienholder may charge a reasonable fee to a customer for the removal of an active intelligent speed assistance system.
(f) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1."
SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§710- Circumvention of, or tampering with, an active intelligent speed assistance system. (1) A person commits the offense of circumvention of, or tampering with, an active intelligent speed assistance system if the person intentionally or knowingly circumvents or tampers with an active intelligent speed assistance system installed on a motor vehicle pursuant to chapter 291C and does so with the intention or knowledge to circumvent or aid in the circumvention of any vehicular speed law within the State.
(2) Circumvention of, or tampering with, an active intelligent speed assistance system shall be a misdemeanor.
(3) For the purposes of this section, "active intelligent speed assistance system" has the same meaning as defined in section 291C-1."
SECTION 3. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:
"§286-132 Driving while license
suspended or revoked. Except as
provided in [section] sections 291C-103, 291C-105, and 291E-62,
no resident or nonresident whose driver's license, right, or privilege to
operate a motor vehicle in [this] the State has been canceled,
suspended, or revoked may drive any motor vehicle upon the highways of [this]
the State while the license, right, or privilege remains canceled,
suspended, or revoked."
SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Active intelligent speed assistance system" means an aftermarket device that actively prevents a motor vehicle from exceeding the applicable speed limit, does not interact with the braking system, and is installed in or integrated with a motor vehicle. "Active intelligent speed assistance system" determines the applicable speed limit and prevents the vehicle from exceeding that limit, excluding dynamic speed zones, using technology including, but not limited to integrated location-based technology, digital mapping data, or camera-based traffic sign recognition. "Active intelligent speed assistance system" includes all necessary components for installation, operation, monitoring, and data transmission."
SECTION 5. Section 291C-102, Hawaii Revised Statutes, is amended to read as follows:
"§291C-102 Noncompliance with speed limit prohibited. (a) A person violates this section if the person drives:
(1) A motor vehicle at a speed greater than the maximum speed limit other than provided in section 291C‑105; or
(2) A motor vehicle at a speed less than the minimum speed limit,
where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.
(b) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.
(c) For a violation that occurs within five years of prior violations of this section, the court may impose a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person on a public highway for a period determined by the court and at the expense of the person."
SECTION 6. Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:
"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.
(b)
Any person who violates this section, except in the case of an
exhibition of speed or acceleration, shall be fined [not] no more
than $500 or imprisoned [not] no more than six months, or
both. Any person who violates this
section by way of an exhibition of speed or acceleration shall be fined [not]
no more than $500 or be sentenced to perform community service, or both.
(c) Any
person who violates this section while operating a vehicle at a speed exceeding
the posted speed limit by thirty miles per hour or more shall be subject to a
fine of [not] no more than $2,000, a term of imprisonment of [not]
no more than one year, or both; provided that the following additional
penalties shall also apply:
(1) For an offense that occurs within five years of a prior conviction[, a]:
(A) A one-year license suspension;
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person on a public highway; and
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person on a public highway for a period beyond the suspension period determined by the court;
(2) For an offense that occurs within five years of two prior convictions:
(A) A three-year license suspension; [and]
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person on a public highway;
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person on a public highway for a period beyond the suspension period determined by the court; and
[(B)] (D)
A vehicle owned by the
defendant and used in the commission of the offense which has been used in at
least two prior offenses that resulted in convictions may be ordered by the
court to be subject to forfeiture under chapter 712A; [and]
(3) For
all offenses under this section, a surcharge of up to $100 may be deposited in
the trauma system special fund if the court so orders[.]; and
(4) If the person demonstrates to the court that the person:
(A) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension period; or
(B) Is otherwise unable to drive during the suspension period,
the person shall be prohibited from driving on a public highway during the period of applicable suspension provided in paragraphs (1) and (2); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (d), and the person shall be subject to the penalties for violating section 286-132 if the person drives on a public highway during the applicable suspension period.
(d) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates on a public highway pursuant to subsection (c); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system on a public highway during the suspension period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense.
[(d)] (e) [As used in] For the purposes of
this section:
"Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle.
"Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes."
SECTION 7. 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person on a public highway;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person on a public highway for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person on a public highway;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person on a public highway for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the revocation period of active intelligent speed assistance systems on all vehicles operated by the person on a public highway;
(4) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person on a public highway for a period beyond the revocation period determined by the court;
[(3)] (5) Attendance in a course of instruction
in driver retraining;
[(4)] (6) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(5)] (7) 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)] (8) An assessment for driver education
pursuant to section 286G-3; and
[(7)] (9) That the vehicle used in the
commission of the offense be subject to forfeiture under chapter 712A, if the
court so orders.
(e) If the person demonstrates to the court that the person:
(1) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension or revocation period; or
(2) Is otherwise unable to drive during the suspension or revocation period,
the person shall be prohibited from driving on a public highway during the period of applicable suspension or revocation provided in subsections (c) and (d); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (f), and the person shall be subject to the penalties for violating section 286-132 if the person drives on a public highway during the applicable suspension or revocation period.
(f) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates on a public highway pursuant to subsection (c) or (d); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system on a public highway during the suspension or revocation period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 3000; provided that nothing in this Act shall preclude the department of transportation from implementing the provisions of this Act, or portions thereof, before July 1, 2030.
Report Title:
DOT; Judiciary; Active Intelligent Speed Assistance Systems; Penal Code; Traffic Offenses
Description:
Requires the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems. Limits the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems. Makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor. Allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. 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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2023 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
"§286- Active intelligent speed assistance systems. (a) The director shall establish and administer a statewide program relating to certification and monitoring of active intelligent speed assistance systems installed pursuant to chapter 291C and shall select a single vendor to install and maintain those systems.
(b) The program shall include standards and procedures for the certification of active intelligent speed assistance systems installed pursuant to chapter 291C. The program shall, at a minimum, require that the systems:
(1) Do not impede the safe operation of the motor vehicle;
(2) Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence that the system has not been bypassed, circumvented, or tampered with;
(3) Work accurately and reliably in an unsupervised environment;
(4) Have the capability to provide an accurate measure of speed and record each attempt to bypass, circumvent, or tamper with the active intelligent speed assistance systems;
(5) Minimize inconvenience to other users of the motor vehicle;
(6) Be manufactured or distributed by the vendor that is responsible for the installation, user training, service, and maintenance of the active intelligent speed assistance systems;
(7) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
(8) Be manufactured by an entity that is adequately insured against liability, in an amount established by the director, including product liability and liability against installation and maintenance errors; and
(9) Provide for an electronic log of a driver's experience with an active intelligent speed assistance system with an information management system capable of electronically delivering information to the department of transportation within twenty-four hours of the collection of the information from the data logger.
(c) The vendor selected for installation and maintenance of the active intelligent speed assistance systems shall be audited annually by the department of transportation pursuant to this section and the rules adopted under this section. The department of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.
(d) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For purposes of this section, "active intelligent speed assistance system" has the same meaning as in section 291C-1.
§286- Automobile manufacturer, distributor, or retailer responsibility; liability; lessors and lienholders. (a) A manufacturer, distributor, or retailer of a motor vehicle shall not be liable for any loss, injury, or damages caused by the design, manufacture, or installation of an active intelligent speed assistance system or the improper installation, use, or misuse of an active intelligent speed assistance system.
(b) Notwithstanding subsection (a), a manufacturer, distributor, or retailer of a motor vehicle shall be liable if the manufacturer, distributor, or retailer intentionally or knowingly engages in a repair or update of an active intelligent speed assistance system and the repair or update proximately causes loss, injury, or damage.
(c) Nothing in this chapter shall require a manufacturer, distributor, or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an active intelligent speed assistance system.
(d) Nothing in this chapter shall prohibit a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an active intelligent speed assistance system has been installed in a motor vehicle that is subject to a lease or finance agreement.
(e) A lessor or lienholder may charge a reasonable fee to a customer for the removal of an active intelligent speed assistance system.
(f) For purposes of this section, "active intelligent speed assistance system" has the same meaning as in section 291C-1."
SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§710- Circumvention of, or tampering with, an active intelligent speed assistance system. (1) A person commits the offense of circumvention of, or tampering with, an active intelligent speed assistance system if the person knowingly circumvents or tampers with an active intelligent speed assistance system installed on a motor vehicle pursuant to chapter 291C and does so with the intention or knowledge to circumvent or aid in the circumvention of any vehicular speed law within the State.
(2) Circumvention of, or tampering with, an active intelligent speed assistance system shall be a misdemeanor.
(3) For purposes of this section, "active intelligent speed assistance system" has the same meaning as in section 291C-1."
SECTION 3. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:
"§286-132 Driving while license
suspended or revoked. Except as
provided in [section] sections 291C-103, 291C-105, and 291E-62,
no resident or nonresident whose driver's license, right, or privilege to
operate a motor vehicle in [this] the State has been canceled,
suspended, or revoked may drive any motor vehicle upon the highways of [this]
the State while the license, right, or privilege remains canceled,
suspended, or revoked."
SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Active intelligent speed assistance system" means an aftermarket device that actively prevents a motor vehicle from exceeding the applicable speed limit, does not interact with the braking system, and is installed in or integrated with a motor vehicle. "Active intelligent speed assistance system" determines the applicable speed limit and prevents the vehicle from exceeding that limit, excluding dynamic speed zones, using technology including, but not limited to integrated location-based technology, digital mapping data, or camera-based traffic sign recognition. "Active intelligent speed assistance system" includes all necessary components for installation, operation, monitoring, and data transmission."
SECTION 5. Section 291C-102, Hawaii Revised Statutes, is amended to read as follows:
"§291C-102 Noncompliance with speed limit prohibited. (a) A person violates this section if the person drives:
(1) A motor vehicle at a speed greater than the maximum speed limit other than provided in section 291C‑105; or
(2) A motor vehicle at a speed less than the minimum speed limit,
where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.
(b) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.
(c) For a violation that occurs within five years of prior violations of this section, the court may impose a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person on a public highway for a period determined by the court and at the expense of the person."
SECTION 6. Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:
"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.
(b)
Any person who violates this section, except in the case of an
exhibition of speed or acceleration, shall be fined [not] no more
than $500 or imprisoned [not] no more than six months, or
both. Any person who violates this
section by way of an exhibition of speed or acceleration shall be fined [not]
no more than $500 or be sentenced to perform community service, or both.
(c) Any
person who violates this section while operating a vehicle at a speed exceeding
the posted speed limit by thirty miles per hour or more shall be subject to a
fine of [not] no more than $2,000, a term of imprisonment of [not]
no more than one year, or both; provided that the following additional
penalties shall also apply:
(1) For an offense that occurs within five years of a prior conviction[, a]:
(A) A one-year license suspension;
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person; and
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
(2) For an offense that occurs within five years of two prior convictions:
(A) A three-year license suspension; [and]
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court; and
[(B)] (D)
A vehicle owned by the
defendant and used in the commission of the offense which has been used in at
least two prior offenses that resulted in convictions may be ordered by the
court to be subject to forfeiture under chapter 712A; [and]
(3) For
all offenses under this section, a surcharge of up to $100 may be deposited in
the trauma system special fund if the court so orders[.]; and
(4) If the person demonstrates to the court that the person:
(A) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension period; or
(B) Is otherwise unable to drive during the suspension period,
the person shall be prohibited from driving during the period of applicable suspension provided in paragraphs (1) and (2); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (d), and the person shall be subject to the penalties for violating section 286-132 if the person drives during the applicable suspension period.
(d) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates pursuant to subsection (c); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system during the suspension period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense.
[(d)] (e) As used in this section:
"Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle.
"Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes."
SECTION 7. 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the revocation period of active intelligent speed assistance systems on all vehicles operated by the person;
(4) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the revocation period determined by the court;
[(3)] (5) Attendance in a course of instruction
in driver retraining;
[(4)] (6) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(5)] (7) 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)] (8) An assessment for driver education
pursuant to section 286G-3; and
[(7)] (9) That the vehicle used in the
commission of the offense be subject to forfeiture under chapter 712A, if the
court so orders.
(e) If the person demonstrates to the court that the person:
(1) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension or revocation period; or
(2) Is otherwise unable to drive during the suspension or revocation period,
the person shall be prohibited from driving during the period of applicable suspension or revocation provided in subsections (c) and (d); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (f), and the person shall be subject to the penalties for violating section 286-132 if the person drives during the applicable suspension or revocation period.
(f) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates pursuant to subsection (c) or (d); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system during the suspension or revocation period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 10. This Act shall take effect on July 1, 3000; provided that nothing in this Act shall preclude the department of transportation from implementing the provisions of this Act, or portions thereof, prior to July 1, 2030.
Report Title:
DOT; Judiciary; Active Intelligent Speed Assistance Systems; Penal Code; Traffic Offenses
Description:
Requires the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems. Limits the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems. Makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor. Allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. 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.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2023 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
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|
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|
||
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||
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§286- Active intelligent speed assistance systems. (a) The director shall establish and administer a statewide program relating to certification and monitoring of active intelligent speed assistance systems installed pursuant to chapter 291C and shall select a single vendor to install and maintain those systems.
(b) The program shall include standards and procedures for the certification of active intelligent speed assistance systems installed pursuant to chapter 291C. The program shall, at a minimum, require that the systems:
(1) Do not impede the safe operation of the motor vehicle;
(2) Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence that the system has not been bypassed, circumvented, or tampered with;
(3) Work accurately and reliably in an unsupervised environment;
(4) Have the capability to provide an accurate measure of speed and record each attempt to bypass, circumvent, or tamper with the active intelligent speed assistance systems;
(5) Minimize inconvenience to other users of the motor vehicle;
(6) Be manufactured or distributed by the vendor that is responsible for the installation, user training, service, and maintenance of the active intelligent speed assistance systems;
(7) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
(8) Be manufactured by an entity that is adequately insured against liability, in an amount established by the director, including product liability and liability against installation and maintenance errors; and
(9) Provide for an electronic log of a driver's experience with an active intelligent speed assistance system with an information management system capable of electronically delivering information to the department of transportation within twenty-four hours of the collection of the information from the data logger.
(c) The vendor selected for installation and maintenance of the active intelligent speed assistance systems shall be audited annually by the department of transportation pursuant to this section and the rules adopted under this section. The department of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.
(d) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For purposes of this section, "active intelligent speed assistance system" has the same meaning as in section 291C-1."
SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§710- Circumvention of, or tampering with, an active intelligent speed assistance system. (1) A person commits the offense of circumvention of, or tampering with, an active intelligent speed assistance system if the person knowingly circumvents or tampers with an active intelligent speed assistance system installed on a motor vehicle pursuant to chapter 291C.
(2) Circumvention of, or tampering with, an active intelligent speed assistance system is a misdemeanor.
(3) For purposes of this section, "active intelligent speed assistance system" has the same meaning as in section 291C-1."
SECTION 3. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:
"§286-132 Driving while license
suspended or revoked. Except as
provided in [section] sections 291C-103, 291C-105, and 291E-62,
no resident or nonresident whose driver's license, right, or privilege to
operate a motor vehicle in [this] the State has been canceled,
suspended, or revoked may drive any motor vehicle upon the highways of [this]
the State while the license, right, or privilege remains canceled,
suspended, or revoked."
SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Active intelligent speed assistance system" means a system that limits the speed at which a motor vehicle is capable of traveling based on the applicable speed limit where the motor vehicle is being operated."
SECTION 5. Section 291C-102, Hawaii Revised Statutes, is amended to read as follows:
"§291C-102 Noncompliance with speed limit prohibited. (a) A person violates this section if the person drives:
(1) A motor vehicle at a speed greater than the maximum speed limit other than provided in section 291C‑105; or
(2) A motor vehicle at a speed less than the minimum speed limit,
where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.
(b) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.
(c) For a violation that occurs within five years of prior violations of this section, the court may impose a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period determined by the court and at the expense of the person."
SECTION 6. Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:
"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.
(b)
Any person who violates this section, except in the case of an
exhibition of speed or acceleration, shall be fined [not] no more
than $500 or imprisoned [not] no more than six months, or
both. Any person who violates this
section by way of an exhibition of speed or acceleration shall be fined [not]
no more than $500 or be sentenced to perform community service, or both.
(c) Any
person who violates this section while operating a vehicle at a speed exceeding
the posted speed limit by thirty miles per hour or more shall be subject to a
fine of [not] no more than $2,000, a term of imprisonment of [not]
no more than one year, or both; provided that the following additional
penalties shall also apply:
(1) For an offense that occurs within five years of a prior conviction[, a]:
(A) A one-year license suspension;
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person; and
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
(2) For an offense that occurs within five years of two prior convictions:
(A) A three-year license suspension; [and]
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court; and
[(B)] (D)
A vehicle owned by the
defendant and used in the commission of the offense which has been used in at
least two prior offenses that resulted in convictions may be ordered by the
court to be subject to forfeiture under chapter 712A; [and]
(3) For
all offenses under this section, a surcharge of up to $100 may be deposited in
the trauma system special fund if the court so orders[.]; and
(4) If the person demonstrates to the court that the person:
(A) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension period; or
(B) Is otherwise unable to drive during the suspension period,
the person shall be prohibited from driving during the period of applicable suspension provided in paragraphs (1) and (2); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (d), and the person shall be subject to the penalties for violating section 286-132 if the person drives during the applicable suspension period.
(d) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates pursuant to subsection (c); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system during the suspension period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense.
[(d)] (e) As used in this section:
"Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle.
"Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes."
SECTION 7. 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the revocation period of active intelligent speed assistance systems on all vehicles operated by the person;
(4) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the revocation period determined by the court;
[(3)] (5) Attendance in a course of instruction
in driver retraining;
[(4)] (6) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(5)] (7) 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)] (8) An assessment for driver education
pursuant to section 286G-3; and
[(7)] (9) That the vehicle used in the
commission of the offense be subject to forfeiture under chapter 712A, if the
court so orders.
(e) If the person demonstrates to the court that the person:
(1) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension or revocation period; or
(2) Is otherwise unable to drive during the suspension or revocation period,
the person shall be prohibited from driving during the period of applicable suspension or revocation provided in subsections (c) and (d); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (f), and the person shall be subject to the penalties for violating section 286-132 if the person drives during the applicable suspension or revocation period.
(f) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates pursuant to subsection (c) or (d); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system during the suspension or revocation period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 10. This Act shall take effect on July 1, 3000; provided that nothing in this Act shall preclude the department of transportation from implementing the provisions of this Act, or portions thereof, prior to July 1, 2030.
Report Title:
DOT; Judiciary; Active Intelligent Speed Assistance Systems; Penal Code; Traffic Offenses
Description:
Beginning 7/1/2030: makes circumventing or tampering with an active intelligent speed assistance system a misdemeanor; requires the Department of Transportation to select a vendor for the installation and maintenance of active intelligent speed assistance systems; and allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations. 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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2023 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. Chapter 437, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§437- Passive intelligent speed assistance systems; required for new motor vehicles. (a) Beginning with the 2030 model year, every passenger vehicle sold as a new motor vehicle, or leased as a new motor vehicle, in the State shall be equipped with a passive intelligent speed assistance system.
(b) A passive intelligent speed assistance system shall be capable of being fully disabled by the manufacturer or a new motor vehicle dealer if the passenger vehicle is purchased, sold, or used as an authorized emergency vehicle.
(c) Nothing in this section shall be construed to preclude a manufacturer from implementing any of the following:
(1) Providing alternative types of feedback to the driver, including but not limited to vibrations or pedal resistance;
(2) Providing repetitive, successive, or ongoing warnings each time a vehicle exceeds the speed threshold as described in subsection (e);
(3) Providing additional warnings or feedback to the driver in either of the following circumstances:
(A) The driver is traveling at a threshold lower than ten miles per hour above the speed limit; or
(B) The driver is traveling at a threshold greater than ten miles per hour above the speed limit; or
(4) Adding supplemental or additional warnings that differ from the system requirement described in subsection (e).
(d) This section does not apply to motorcycles.
(e) For purposes of this section:
"Authorized emergency vehicle" has the same meaning as in section 291C-1.
"Passive intelligent speed assistance system" means an integrated vehicle system that determines the speed limit of the roadway that the vehicle is traveling on, and utilizes a brief, one-time visual and audio signal to alert the driver each time the driver exceeds the speed limit by more than ten miles per hour. If an intelligent speed assistance system receives conflicting speed limits for the same area, the system shall utilize the higher speed limit."
PART II
SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§286- Active intelligent speed assistance systems. (a) The director shall establish and administer a statewide program relating to certification and monitoring of active intelligent speed assistance systems installed pursuant to chapter 291C and shall select a single vendor to install and maintain those systems.
(b) The program shall include standards and procedures for the certification of active intelligent speed assistance systems installed pursuant to chapter 291C. The program shall, at a minimum, require that the systems:
(1) Do not impede the safe operation of the motor vehicle;
(2) Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence that the system has not been bypassed, circumvented, or tampered with;
(3) Work accurately and reliably in an unsupervised environment;
(4) Have the capability to provide an accurate measure of speed and record each attempt to bypass, circumvent, or tamper with the active intelligent speed assistance systems;
(5) Minimize inconvenience to other users of the motor vehicle;
(6) Be manufactured or distributed by the vendor that is responsible for the installation, user training, service, and maintenance of the active intelligent speed assistance systems;
(7) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
(8) Be manufactured by an entity that is adequately insured against liability, in an amount established by the director, including product liability and liability against installation and maintenance errors; and
(9) Provide for an electronic log of a driver's experience with an active intelligent speed assistance system with an information management system capable of electronically delivering information to the department of transportation within twenty-four hours of the collection of the information from the data logger.
(c) The vendor selected for installation and maintenance of the active intelligent speed assistance systems shall be audited annually by the department of transportation pursuant to this section and the rules adopted under this section. The department of transportation may require the vendor to pay for all or part of the costs incurred in conducting the audit.
(d) The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For purposes of this section, "active intelligent speed assistance system" has the same meaning as in section 291C-1."
SECTION 3. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§710- Circumvention of, or tampering with, an active intelligent speed assistance system. (1) A person commits the offense of circumvention of, or tampering with, an active intelligent speed assistance system if the person knowingly circumvents or tampers with an active intelligent speed assistance system installed on a motor vehicle pursuant to chapter 291C.
(2) Circumvention of, or tampering with, an active intelligent speed assistance system is a misdemeanor.
(3) For purposes of this section, "active intelligent speed assistance system" has the same meaning as in section 291C-1."
SECTION 4. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:
"§286-132 Driving while license
suspended or revoked. Except as
provided in [section] sections 291C-103, 291C-105, and 291E-62,
no resident or nonresident whose driver's license, right, or privilege to
operate a motor vehicle in this State has been canceled, suspended, or revoked
may drive any motor vehicle upon the highways of this State while the license,
right, or privilege remains canceled, suspended, or revoked."
SECTION 5. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Active intelligent speed assistance system" means a system that limits the speed at which a motor vehicle is capable of traveling based on the applicable speed limit where the motor vehicle is being operated."
SECTION 6. Section 291C-102, Hawaii Revised Statutes, is amended to read as follows:
"§291C-102 Noncompliance with speed limit prohibited. (a) A person violates this section if the person drives:
(1) A motor vehicle at a speed greater than the maximum speed limit other than provided in section 291C‑105; or
(2) A motor vehicle at a speed less than the minimum speed limit,
where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.
(b) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.
(c) For a violation that occurs within five years of prior violations of this section, the court may impose a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period determined by the court and at the expense of the person."
SECTION 7. Section 291C-103, Hawaii Revised Statutes, is amended to read as follows:
"§291C-103 Racing on highways. (a) Except as provided in section 291C-149, no person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any race, competition, contest, test, or exhibition prohibited by this section.
(b)
Any person who violates this section, except in the case of an
exhibition of speed or acceleration, shall be fined [not] no more
than $500 or imprisoned [not] no more than six months, or
both. Any person who violates this
section by way of an exhibition of speed or acceleration shall be fined [not]
no more than $500 or be sentenced to perform community service, or both.
(c) Any
person who violates this section while operating a vehicle at a speed exceeding
the posted speed limit by thirty miles per hour or more shall be subject to a
fine of [not] no more than $2,000, a term of imprisonment of [not]
no more than one year, or both; provided that the following additional
penalties shall also apply:
(1) For an offense that occurs within five years of a prior conviction[, a]:
(A) A one-year license suspension;
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person; and
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
(2) For an offense that occurs within five years of two prior convictions:
(A) A three-year license suspension; [and]
(B) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(C) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court; and
[(B)] (D)
A vehicle owned by the
defendant and used in the commission of the offense which has been used in at
least two prior offenses that resulted in convictions may be ordered by the
court to be subject to forfeiture under chapter 712A; [and]
(3) For
all offenses under this section, a surcharge of up to $100 may be deposited in
the trauma system special fund if the court so orders[.]; and
(4) If the person demonstrates to the court that the person:
(A) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension period; or
(B) Is otherwise unable to drive during the suspension period,
the person shall be prohibited from driving during the period of applicable suspension provided in paragraphs (1) and (2); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (d), and the person shall be subject to the penalties for violating section 286-132 if the person drives during the applicable suspension period.
(d) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates pursuant to subsection (c); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system during the suspension period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense.
[(d)] (e) As used in this section:
"Drag race" means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
"Exhibition of speed or acceleration" means the sudden acceleration of a vehicle resulting in the screeching of the vehicle's tires that is done to intentionally draw the attention of persons present toward the vehicle.
"Racing" means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes."
SECTION 8. 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the suspension period of active intelligent speed assistance systems on all vehicles operated by the person;
(D) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the suspension period determined by the court;
[(C)] (E) Attendance in a course of instruction
in driver retraining;
[(D)] (F) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(E)] (G) 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)] (H) An assessment for driver education
pursuant to section 286G-3; and
[(G)] (I) 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) Installation during the revocation period of active intelligent speed assistance systems on all vehicles operated by the person;
(4) At the court's discretion, the imposition of a requirement that the person install active intelligent speed assistance systems on all vehicles operated by the person for a period beyond the revocation period determined by the court;
[(3)] (5) Attendance in a course of instruction
in driver retraining;
[(4)] (6) A surcharge of $25 to be deposited
into the neurotrauma special fund under section 321H-4;
[(5)] (7) 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)] (8) An assessment for driver education
pursuant to section 286G-3; and
[(7)] (9) That the vehicle used in the
commission of the offense be subject to forfeiture under chapter 712A, if the
court so orders.
(e) If the person demonstrates to the court that the person:
(1) Does not own or have the use of a vehicle in which the person can install an active intelligent speed assistance system during the suspension or revocation period; or
(2) Is otherwise unable to drive during the suspension or revocation period,
the person shall be prohibited from driving during the period of applicable suspension or revocation provided in subsections (c) and (d); provided that the person shall be sentenced to the maximum license suspension period, the court shall not issue an active intelligent speed assistance system permit pursuant to subsection (f), and the person shall be subject to the penalties for violating section 286-132 if the person drives during the applicable suspension or revocation period.
(f) Upon proof that the defendant has:
(1) Installed an active intelligent speed assistance system in any vehicle the defendant operates pursuant to subsection (c) or (d); and
(2) Obtained motor vehicle insurance or self-insurance that complies with the requirements under either section 431:10C-104 or 431:10C-105,
the court shall issue an active intelligent speed assistance system permit that will allow the defendant to drive a vehicle equipped with an active intelligent speed assistance system during the suspension or revocation period. Installation and maintenance of the active intelligent speed assistance system shall be at the defendant's own expense.
PART III
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 2026; provided that part II shall take effect on July 1, 2030.
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INTRODUCED BY: |
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Report Title:
DOT; Judiciary; New Motor Vehicle Dealers; Vehicle Manufacturers; New Passenger Vehicles; Intelligent Speed Assistance Systems; Penal Code; Traffic Offenses
Description:
Beginning with the 2030 model year, requires new passenger vehicles to be equipped with passive intelligent speed assistance systems. Beginning 7/1/2030: makes circumventing or tampering with an active intelligence speed assistance system a misdemeanor; requires the Department of Transportation to select a vendor for the installation and maintenance of active intelligent speed assistance systems; and allows the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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| Jul 15, 2026 | Act 260, on 07/15/2026 (Gov. Msg. No. 1363). |
| Jul 15, 2026 | Act 260, 07/15/2026 (Gov. Msg. No. 1363). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with Representative(s) Cochran, Iwamoto voting aye with reservations; Representative(s) Alcos, Garcia, Pierick voting no (3) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 20; Aye(s) with reservations: none . 5 No(es): Senator(s) Awa, Fevella, Kim, McKelvey, San Buenaventura. 0 Excused: none. |
| May 1, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26 |
| May 1, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 133-26). |
| May 1, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| May 1, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 133-26) as amended in (CD 1). |
| May 1, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Inouye, Rhoads, Moriwaki; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| May 1, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 3 Ayes: Representative(s) Kila, Kitagawa, Muraoka; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Tarnas. |
| May 1, 2026 | Conference Committee Meeting will reconvene on Friday, 05-01-26 at 2:30PM in Conference Room 411. |
| May 1, 2026 | Conference Committee Meeting will reconvene on Friday, 05-01-26 at 12:30PM in Conference Room 329. |
| May 1, 2026 | Conference committee meeting to reconvene on 05-01-26 11:35 AM; Conference Room 329. |
| Apr 30, 2026 | Conference committee meeting to reconvene on 05-01-26 9:35AM; Conference Room 329. |
| Apr 29, 2026 | Conference committee meeting to reconvene on 04-30-26 10:31AM; CR 329. |
| Apr 28, 2026 | Conference committee meeting to reconvene on 04-29-26 9:30AM; Conference Room 329. |
| Apr 28, 2026 | Conference committee meeting to reconvene on 04-28-26 10:20 AM; Conference Room 329. |
| Apr 27, 2026 | Conference committee meeting to reconvene on 04-28-26 9:30AM; Conference Room 329. |
| Apr 27, 2026 | Received notice of Senate conferees (Sen. Com. No. 760). |
| Apr 24, 2026 | Conference committee meeting scheduled for 04-27-26 9:31AM; Conference Room 329. |
| Apr 24, 2026 | Senate Conferees Appointed: Inouye Chair; Rhoads, Moriwaki Co-Chairs. |
| Apr 23, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 810). |
| Apr 22, 2026 | House Conferees Appointed: Kila, Tarnas, Kitagawa Co-Chairs; Muraoka. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 654) in amended form (SD 1). |
| Apr 14, 2026 | Report Adopted; Passed Third Reading, as amended (SD 1). Ayes, 20; Aye(s) with reservations: none. Noes, 5 (Senator(s) Awa, Fevella, Kim, McKelvey, San Buenaventura). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | 48 Hrs. Notice 04-14-26. |
| Apr 10, 2026 | Reported from JDC/WAM (Stand. Com. Rep. No. 3804) with recommendation of passage on Third Reading, as amended (SD 1). |
| Apr 8, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 2 No(es): Senator(s) San Buenaventura, Awa; and 0 Excused: none. |
| Apr 8, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai; Aye(s) with reservations: Senator(s) Fevella ; 0 No(es): none; and 0 Excused: none. |
| Apr 6, 2026 | The committee(s) on JDC/WAM will hold a public decision making on 04-08-26 10:15AM; Conference Room 211 & Videoconference. |
| Mar 23, 2026 | Report adopted; Passed Second Reading and referred to JDC/WAM. |
| Mar 23, 2026 | Reported from TRS (Stand. Com. Rep. No. 3107) with recommendation of passage on Second Reading and referral to JDC/WAM. |
| Mar 17, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, UNAMENDED. The votes in TRS were as follows: 5 Aye(s): Senator(s) Inouye, Elefante, Kanuha, Lee, C., DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 13, 2026 | The committee(s) on TRS has rescheduled its public hearing to 03-17-26 3:00PM; CR 229 & Videoconference. |
| Mar 13, 2026 | The committee(s) on TRS has scheduled a public hearing on 03-17-26 3:05PM; Conference Room 229 & Videoconference. |
| Mar 10, 2026 | Referred to TRS, JDC/WAM. |
| Mar 6, 2026 | Passed First Reading. |
| Mar 6, 2026 | Received from House (Hse. Com. No. 75). |
| Mar 5, 2026 | Passed Third Reading with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Perruso excused (1). Transmitted to Senate. |
| Mar 5, 2026 | Reported from FIN (Stand. Com. Rep. No. 838-26), recommending passage on Third Reading. |
| Mar 2, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 15 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Gedeon, Reyes Oda; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Alcos. |
| Feb 27, 2026 | Bill scheduled to be heard by FIN on Monday, 03-02-26 10:00AM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 20, 2026 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Quinlan excused (1). |
| Feb 20, 2026 | Reported from JHA (Stand. Com. Rep. No. 729-26) as amended in HD 2, recommending referral to FIN. |
| Feb 19, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Hashem, Kahaloa, Sayama, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and Excused: none. |
| Feb 17, 2026 | Bill scheduled to be heard by JHA on Thursday, 02-19-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 12, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Amato, Cochran voting aye with reservations; Representative(s) Pierick voting no (1) and none excused (0). |
| Feb 12, 2026 | Reported from TRN (Stand. Com. Rep. No. 210-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 10, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Kila, Miyake, Evslin, Grandinetti, Kitagawa, La Chica, Muraoka; Ayes with reservations: Representative(s) Cochran; 1 Noes: Representative(s) Pierick; and Excused: none. |
| Feb 6, 2026 | Bill scheduled to be heard by TRN on Tuesday, 02-10-26 9:30AM in House conference room 430 VIA VIDEOCONFERENCE. |
| Jan 28, 2026 | Referred to TRN, JHA, FIN, referral sheet 3 |
| Jan 26, 2026 | Introduced and Pass First Reading. |
| Jan 23, 2026 | Pending introduction. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
|
| May 6, 2026 | Final Reading | Senate Floor |
Passed |
|
| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
|
| Apr 8, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 8, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Ways and Means |
Passed |
|
| Mar 17, 2026 | The committee(s) on TRS recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Transportation |
Passed |
|
| Mar 5, 2026 | Third Reading | House Floor |
Passed |
|
| Mar 2, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
|
| Feb 19, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
|
| Feb 10, 2026 | The committee on TRN recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| AAA Hawaiʻi | ** Support | |
| AAA Hawai‘i | *** Support | Apr 8, 2026 |
| AAA Hawai’i | *** Support | Feb 9, 2026 |
| Advocates for Highway and Auto Safety | *** Support | Mar 17, 2026 |
| Alliance For Automobile Innovation | ** Support | |
| Alliance For Automotive Innovation | *** Support | Apr 8, 2026 |
| Department of Transportation | ** Support | |
| Department of Transportation | *** Support | Mar 2, 2026 |
| Department of Transportation | *** Support | Apr 8, 2026 |
| Families for Safe Streets | *** Support | Apr 8, 2026 |
| Hawaiʻi Bicycling League | *** Support | Feb 19, 2026 |
| Hawai‘i Bicycling League | *** Support | Apr 8, 2026 |
| Law Office of Georgette A. Yaindl, LLLC | *** Support | Apr 8, 2026 |
| Mothers Against Drunk Driving (MADD) | *** Support | Mar 17, 2026 |
| Nanakuli-Maili Neighborhood Board No. 36 | *** Support | Feb 19, 2026 |
| Oahu Metropolitan Planning Organization | *** Support | Apr 8, 2026 |
| Office of the Public Defender | ** Against | |
| Office of the Public Defender and Alliance for Automotive Innovation | ** Against | |
| Smart Start LLC | *** Support | Apr 8, 2026 |
| Smart Start LLC | *** Support | Mar 2, 2026 |
| Smart Start LLC (Hawaii Corporate Office) | *** Support | Apr 8, 2026 |
STAND. COM. REP. NO. 838-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2023
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 Finance, to which was referred H.B. No. 2023, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require the Director of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems;
(2) Limit the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems;
(3) Make circumvention of, or tampering with, an active intelligent speed assistance system a misdemeanor; and
(4) Allow the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations.
Your Committee received testimony in support of this measure from the Department of Transportation; Alliance for Automobile Innovation; Smart Start LLC; Families for Safe Streets; AAA Hawaiʻi; and two individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Customer Services of the City and County of Honolulu and Hawaiʻi Automobile Dealers Association.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2023, H.D. 2, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
|
|
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____________________________ CHRIS TODD, Chair |
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|
|
STAND. COM. REP. NO. 729-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2023
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. 2023, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require the Department of Transportation to administer a statewide program for certification of active intelligent speed assistance systems and select a vendor for the installation and maintenance of systems;
(2) Make circumventing or tampering with an active intelligent speed assistance system a misdemeanor; and
(3) Allow the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations.
Your Committee received testimony in support of this measure from the Department of Transportation; AAA Hawaiʻi; Smart Start LLC; Families for Safe Streets; Advocates for Highway and Auto Safety; Oahu Metropolitan Planning Organization; Law Office of Georgette A. Yaindl, LLLC; and six individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and one individual. Your Committee received comments on this measure from the Department of Customer Services of the City and County of Honolulu; Hawaiʻi Automobile Dealers Association; and Alliance for Automotive Innovation.
Your Committee finds that excessive speeding and racing offenses continue to pose serious risks to public safety and that repeat offenders warrant targeted, technology-based interventions to reduce recidivism and prevent harm. Your Committee further finds that establishing a statewide program for the certification and monitoring of active intelligent speed assistance systems, coupled with criminal penalties for circumvention or tampering and judicial authority to require installation for repeat violations, provides a structured and enforceable approach that enhances traffic safety while ensuring system reliability, oversight, and accountability.
Your Committee has amended this measure by:
(1) Clarifying and limiting the civil liability of motor vehicle manufacturers, distributors, and retailers for active intelligent speed assistance systems, while preserving liability for knowing or intentional repairs or updates that cause harm and addressing the rights of lessors and lienholders;
(2) Clarifying that the offense of circumvention of, or tampering with, an active intelligent speed assistance system applies to persons who act with the intention or knowledge to circumvent or aid in the circumvention of any vehicular speed law within the State;
(3) Amending the definition of "active intelligent speed assistance system";
(4) Clarifying that the court-ordered installation of active intelligent speed assistance systems for repeat noncompliance with speed limits applies only to vehicles operated by the offender on a public highway; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee notes that the measure contains a blank number of prior violations that would authorize the court to require the installation of active intelligent speed assistance systems. Your Committee further notes that additional consideration is warranted to determine the appropriate number of prior violations that would justify this requirement.
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. 2023, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2023, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
|
|
|
____________________________ DAVID A. TARNAS, Chair |
|
|
|
|
STAND. COM. REP. NO. 210-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2023
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. 2023 entitled:
"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Beginning with the 2030 model year, require new passenger vehicles to be equipped with passive intelligent speed assistance systems; and
(2) Beginning July 1, 2030:
(A) Make circumventing or tampering with an active intelligent speed assistance system a misdemeanor;
(B) Require the Department of Transportation to select a vendor for the installation and maintenance of active intelligent speed assistance systems; and
(C) Allow the Judiciary to impose the installation of active intelligent speed assistance systems as an additional penalty and as part of a license suspension or revocation for repeat offenders of certain traffic violations.
Your Committee received testimony in support of this measure from the Department of Transportation; Oahu Metropolitan Planning Organization; AAA Hawaiʻi; and Smart Start LLC. Your Committee received testimony in opposition to this measure from the Office of the Public Defender and Alliance for Automotive Innovation. Your Committee received comments on this measure from the Hawaiʻi Automotive Dealers Association.
Your Committee finds that speeding continues to be a major contributor to traffic-related injuries and deaths in the State and the existing enforcement tools to deter speeding have a limited long-term rate of success. Traditional enforcement methods alone have proven insufficient in deterring high-risk behaviors such as street racing and reckless speeding.
Your Committee further finds that intelligent speed assistance systems offer an effective technological solution to prevent dangerous speeding and promote compliance with posted speed limits. This measure takes a proactive approach by establishing certain requirements for intelligent speed assistance systems to reduce excessive speeding, save lives, and modernize Hawaii's traffic safety strategy through targeted use of proven technology.
Your Committee notes the concerns regarding the installation of intelligent speed assistance systems in older vehicles.
Your Committee has amended this measure by:
(1) Deleting provisions that would have required, beginning with the 2030 model year, new passenger vehicles to be equipped with passive intelligent speed assistance systems;
(2) Authorizing the Department of Transportation to implement the provisions regarding active intelligent speed assistance systems prior to July 1, 2030;
(3) Changing the effective date to July 1, 3000, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee further requests the Department of Transportation to:
(1) Specify a recommended threshold of prior violations that would authorize the court to order the installation of an active intelligent speed assistance system, as the court should retain discretion to order the installation at any time, including in the absence of prior violations; and
(2) Work with the Judiciary and Office of the Public Defender to address concerns regarding criminal penalties for circumventing or tampering with active intelligent speed assistance systems for individuals who are tampering with those systems for reasons other than to violate highway speed laws.
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. 2023, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2023, 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,
|
|
|
____________________________ DARIUS KILA, Chair |
|
|
|
|
|
Date
|
Testimony PDF
|
|---|---|
| Apr 8, 2026 | HB2023_HD2_TESTIMONY_WAM-JDC_04-08-26_.PDF |
| Mar 17, 2026 | HB2023_HD2_TESTIMONY_TRS_03-17-26_.PDF |
| Mar 2, 2026 | HB2023_HD2_TESTIMONY_FIN_03-02-26_.PDF |
| Feb 19, 2026 | HB2023_HD1_TESTIMONY_JHA_02-19-26_.PDF |
| Feb 9, 2026 | HB2023_TESTIMONY_TRN_02-10-26_.PDF |
Discussed in Hearing
27SEC
Senate Floor
1MIN
Conference Committee
59SEC
Conference Committee
57SEC
Conference Committee
3MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
Bill Author
