HB 2027: DOT; Counties; Motor Vehicles; Shoulder Lanes; Registration; Expired Registration; Enforcement; Penalties; Out-of-state Motor Vehicles; High Occupancy Vehicle Lanes; Violations; Fines

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

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

     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§291C-     Shoulder lanes; use prohibited.  (a)  Except as otherwise provided in section 291C-26 or as permitted during hours designated by the department, no vehicle shall be driven on the shoulder of a roadway.

     (b)  Every person who violates this section shall be subject to the following penalties:

     (1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of $250; and

     (2)  For a second or subsequent violation committed within five years of the first violation, a fine of $1,000.

     §291C-     Expired registration; enforcement; penalties.  (a)  Notwithstanding any law to the contrary, after verifying the registration status of a vehicle, the department of transportation, any law enforcement officer, or any approved person, contractor, or government agency designated to carry out towing enforcement may impound a vehicle that is parked on a public roadway or in a commercial parking lot that is open to the public and cause the vehicle to be towed subject to section 290-11(b) to (i) when, prior to towing the vehicle, the department of transportation or a county department of finance has verified that the vehicle is not currently registered and has not been registered for the three previous consecutive years or more.

     (b)  The owner of the vehicle may redeem the vehicle by registering the vehicle prior to recovering the vehicle pursuant to section 290-11 and shall present the vehicle's current registration when recovering the vehicle.

     (c)  The owner of the vehicle shall not be liable for any towing or storage charges under section 290-11 if the vehicle was improperly impounded or towed and shall be allowed to recover the vehicle upon presenting the vehicle's current registration without payment to the towing company.  The towing company shall allow a vehicle owner to enter the vehicle to obtain the vehicle's current registration certificate to establish ownership.

     (d)  The department of transportation and law enforcement agencies may establish rules as necessary for the enforcement of this section.

     (e)  The department of transportation shall submit an annual report to the legislature detailing by county the enforcement activity of this section no later than twenty days prior to each regular session."

     SECTION 2.  Section 286-61, Hawaii Revised Statutes, is amended to read as follows:

     "§286-61  Penalty.  Any person who violates sections 286-41, 286-42, 286-44.5 to 286-56.5, and 286-58 to 286-60 shall be fined [not] no less than $5 [nor] and no more than $1,000; provided that any corporate owner of a motor vehicle who fails to register a motor vehicle as required by section 286-41(a) following a transfer of the vehicle between counties shall be fined $1,000 for each violation[.]; provided further that any owner of an out-of-state motor vehicle brought into the State who fails to register the out-of-state motor vehicle pursuant to section 286-41, 286-50, or 286-54 shall be fined no less than $500 and no more than $1,000 for each violation.  Any person who violates section 286-43, 286-44, or 286-57 shall be fined [not] no less than $5 and [not] no more than $1,000 or imprisoned [not] no more than one year, or both."

     SECTION 3.  Section 291C-227, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-227  Penalty.  A person who violates any provision of this part shall [for a first conviction thereof be fined $75; for conviction of a second offense committed within one year after the date of the first offense, the person shall be fined $150; for conviction of a third or subsequent offense committed within one year after the date of the first offense, the person shall be fined $200.], for each conviction thereof, be subject to a fine of no less than $250 and no more than $          ."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

DOT; Counties; Motor Vehicles; Shoulder Lanes; Registration; Expired Registration; Enforcement; Penalties; Out-of-state Motor Vehicles; High Occupancy Vehicle Lanes; Violations; Fines

Description:

Prohibits vehicles from driving on the shoulder of a roadway, except in certain circumstances.  Authorizes the Department of Transportation, law enforcement officers, and other approved persons to impound vehicles with expired registrations of three years or more, under certain conditions.  Requires an annual report to the Legislature.  Increases the fine amount for owners of out-of-state motor vehicles who fail to register the vehicle in the State.  Establishes minimum and maximum statutory penalties for violations relating to the use of high occupancy vehicle lanes.  (HD1)

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

A BILL FOR AN ACT

relating to transportation.

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

     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§291C-     Shoulder lanes; use prohibited.  (a)  Except as otherwise provided in section 291C-26 or as permitted during hours designated by the department, no vehicle shall be driven on the shoulder of a roadway.

     (b)  Every person who violates this section shall be subject to the following penalties:

     (1)  For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of $          ;

     (2)  For a second or subsequent violation committed within one year of the first violation, a fine of $          .

     §291C-     Expired registration; enforcement; penalties.  (a)  Notwithstanding any law to the contrary, the department of transportation and the county police departments may:

     (1)  For a vehicle with an expired registration of three years or more that is parked on a public roadway or in a commercial parking lot that is open to the public, impound the vehicle, during which time the vehicle shall be subject to redemption by its owner by payment of an updated registration, together with any penalties incurred and the cost of storage and other charges incident to the impoundment of the vehicle; and

     (2)  For a vehicle with an expired registration of five years or more that is parked on a public roadway or in a commercial parking lot that is open to the public, seize and dispose of the vehicle, during which time the vehicle shall be subject to redemption by its owner by payment of an updated registration, together with any penalties incurred and the cost of storage and other charges incident to the seizure of the vehicle.  If the owner of the vehicle fails to redeem the vehicle within ten days after seizure, the vehicle shall be disposed of in the same manner as when a vehicle is put up for public auction and for which no bid is received; provided that if no valid ownership is proven, a fifteen-day notice shall be made available to the public prior to the disposal of the vehicle.

     (b)  A law enforcement officer may use a traffic stop for the purpose of verifying the registration status of a vehicle in the enforcement of subsection (a).

     (c)  Enforcement of this section shall not apply to vehicles on private property that is not open for public use.

     (d)  The department of transportation and the county police departments may establish rules as necessary for the enforcement of this section.

     (e)  The department of transportation shall submit an annual report to the legislature detailing by county the enforcement activity of this section no later than twenty days prior to each regular session."

     SECTION 2.  Section 286-61, Hawaii Revised Statutes, is amended to read as follows:

     "§286-61  Penalty.  Any person who violates sections 286-41, 286-42, 286-44.5 to 286-56.5, and 286-58 to 286-60 shall be fined not less than $5 nor more than $1,000; provided that any corporate owner of a motor vehicle who fails to register a motor vehicle as required by section 286-41(a) following a transfer of the vehicle between counties shall be fined $1,000 for each violation[.]; provided further that any owner of an out-of-state motor vehicle brought into the State who fails to register the out-of-state motor vehicle pursuant to section 286-41, 286-50, or 286-54 shall be fined no less than $           and no more than $           for each violation.  Any person who violates section 286-43, 286-44, or 286-57 shall be fined not less than $5 and not more than $1,000 or imprisoned not more than one year, or both."

     SECTION 3.  Section 291C-227, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-227  Penalty.  A person who violates any provision of this part shall [for a first conviction thereof be fined $75; for conviction of a second offense committed within one year after the date of the first offense, the person shall be fined $150; for conviction of a third or subsequent offense committed within one year after the date of the first offense, the person shall be fined $200.], for each conviction thereof, be subject to a fine of no less than $250 and no more than $500."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

DOT; Counties; Motor Vehicles; Shoulder Lanes; Registration; Expired Registration; Enforcement; Penalties; Out-of-state Motor Vehicles; High Occupancy Vehicle Lanes; Violations; Fines

Description:

Prohibits vehicles from driving on the shoulder of a roadway, except in certain circumstances.  Authorizes the Department of Transportation and county police departments to impound vehicles with expired registrations of three years or more and seize and dispose of vehicles with expired registrations of five years or more, under certain conditions.  Requires an annual report to the Legislature.  Increases the fine amount for owners of out-of-state motor vehicles who fail to register the vehicle in the State.  Establishes minimum and maximum statutory penalties for violations relating to the use of high occupancy vehicle lanes.

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

STAND. COM. REP. NO.  548-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2027

      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. 2027 entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Prohibit vehicles from driving on the shoulder of a roadway, except in certain circumstances;

     (2)  Authorize the Department of Transportation and county police departments to impound vehicles with expired registrations of three years or more and seize and dispose of vehicles with expired registrations of five years or more, under certain conditions;

     (3)  Require the Department of Transportation to submit an annual report to the Legislature detailing enforcement activity by county;

     (4)  Increase the fine amount for owners of out-of-state motor vehicles who fail to register the vehicle in the State; and

     (5)  Establish minimum and maximum statutory penalties for violations relating to the use of high occupancy vehicle lanes.

     Your Committee received testimony in support of this measure from the Department of Transportation.  Your Committee received comments on this measure from the Judiciary; Department of the Attorney General; Department of Customer Services for the City and County of Honolulu; and one individual.

     Your Committee finds that unsafe driving practices and long-expired vehicle registrations undermine public safety, contribute to traffic congestion, and strain enforcement resources across the State.  Additionally, inconsistent and outdated penalty structures for registration violations and high occupancy vehicle lane infractions weaken deterrence and reduce compliance with state law.  This measure strengthens enforcement tools for the Department of Transportation, law enforcement agencies, and other approved persons by prohibiting shoulder lane misuse, authorizing the impoundment and disposal of severely delinquent vehicles under specified conditions, increasing penalties for certain registration and traffic violations, and requiring annual reporting to the Legislature to ensure transparency and oversight.

     Your Committee has amended this measure by:

     (1)  Specifying fines and penalty conditions for persons who operate a vehicle on the shoulder of a roadway;

     (2)  Clarifying that the Department of Transportation, any law enforcement officer, or any approved person contractor, or government agency designated to carry out towing enforcement may, after verifying the registration status of a vehicle, impound a vehicle that is parked on a public roadway or in a commercial parking lot that is open to the public, under certain conditions;

     (3)  Establishes procedures for an owner of a vehicle that was impounded to redeem their vehicle;

     (4)  Specifying minimum and maximum fines for failure to register an out-of-state motor vehicle;

     (5)  Changing the maximum fine for violations relating to the use of high occupancy vehicle lanes to an unspecified amount; and

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

     Your Committee further requests the Department of Transportation to consider the addition of roadway signage to improve driver navigation and roadway clarity.

     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. 2027, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2027, 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,