HB 2154: Speeding Offenses; Habitual Speeder; Intelligent Speed Assistance; Report

A BILL FOR AN ACT

RELATING TO TRAFFIC SAFETY.

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

     SECTION 1.  The legislature finds that excessive speeding is a leading cause of traffic fatalities and serious injuries in the State.  The legislature further finds that a small number of repeat speeding offenders account for a disproportionate share of dangerous driving behavior.

     The legislature recognizes that advancements in vehicle safety technology, including intelligent speed assistance systems, can reduce speeding, improve roadway safety, and save lives while preserving access to lawful driving privileges.  The legislature also finds that the State of Washington has enacted legislation establishing intelligent speed assistance systems as a remedial tool for habitual speeding offenses, providing a model for improving traffic safety outcomes.

     The purpose of this Act is to:

     (1)  Allow courts to order the use of active intelligent speed assistance technology for habitual speeders; and

     (2)  Require a report to the legislature on certain data and the effectiveness of intelligent speed assistance requirements.

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  intelligent speed assistance and habitual speeding

     §286-A  Definitions.  As used in this part, unless the context clearly requires otherwise:

     "Active intelligent speed assistance system" means an aftermarket device that actively prevents a motor vehicle from exceeding the applicable speed limit using technology, such as but not limited to integrated location-based technology, digital mapping data, and camera-based sign recognition, and does not interact with a braking system and is installed or integrated with a motor vehicle.

     "Approved intelligent speed assistance system" means an active intelligent speed assistance system that meets standards adopted by the department of transportation pursuant to this part.

     "Habitual speeder" means a person designated a habitual speeder by a court pursuant to section 286-B.

     "Intelligent speed assistance" means a system that uses vehicle-based, digital map-based, or external data to identify applicable speed limits and that provides:

     (1)  Advisory warnings to the driver;

     (2)  Haptic or visual feedback; or

     (3)  Active speed-limiting functionality that restricts vehicle speed to the posted limit or a court-approved threshold.

     §286-B  Habitual speeder designation.  Upon any violation of part X of chapter 291C, a court may designate a person as a habitual speeder based on:

     (1)  The number and frequency of any prior speeding violations;

     (2)  The degree to which the person's speed exceeded the posted speed limit for the current violation and any prior violations;

     (3)  Whether any of the person's speeding violations occurred in school zones or construction zones pursuant to section 291C-104 or pedestrian-priority areas; and

     (4)  Any prior traffic safety interventions.

     §286-C  Court ordered intelligent speed assistance.  (a)  In addition to any penalty under part X of chapter 291C, upon designating a person as a habitual speeder pursuant to section 286-B, the court may order, as a condition of continued driving privileges, that any motor vehicle operated by the person be equipped with an approved intelligent speed assistance system.

     (b)  The court shall specify:

     (1)  The duration of the requirement;

     (2)  Whether the system shall be advisory or speed-limiting;

     (3)  Any compliance verification requirements; and

     (4)  Conditions for early termination based on demonstrated compliance.

     (c)  Failure to comply with a court-ordered intelligent speed assistance requirement shall constitute a violation of this chapter and may result in license suspension, revocation, or other lawful sanctions.

     §286-D  Approved systems and standards.  (a)  The department of transportation shall adopt rules pursuant to chapter 91 establishing standards for approved intelligent speed assistance systems, including:

     (1)  Accuracy and reliability;

     (2)  Tamper resistance;

     (3)  Driver notification requirements; and

     (4)  Procedures for verification of installation and operation.

     (b)  The department of transportation may approve multiple categories of systems, including advisory-only and speed-limiting systems.

     §286-E  Privacy and data protection.  (a)  An active intelligent speed assistance system required under this part shall not:

     (1)  Collect location or driving data beyond what is necessary for speed compliance; or

     (2)  Transmit data to third parties except for compliance verification as ordered by a court.

     (b)  Any data collected pursuant to this part shall not be sold, used for commercial purposes, or disclosed except as authorized by law.

     §286-F  Financial assistance and equity.  (a)  The courts may reduce, waive, or offset costs associated with intelligent speed assistance for individuals who demonstrate financial hardship, as determined by the courts.

     (b)  The judiciary may establish a sliding-scale fee structure or authorize the use of certified low-cost systems to ensure equitable access.

     §286-G  Liability; automobile manufacturer; distributor; retailer.  (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 aftermarket intelligent speed assistance system, or improper installation, use, or misuse of an aftermarket 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 the repair or update of an aftermarket intelligent speed assistance system and the repair or update proximately causes loss, injury, or damage.

     (c)  Nothing in this part 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 aftermarket intelligent speed assistance system.

     (d)  Nothing in this part shall prohibit a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an aftermarket 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 aftermarket intelligent speed assistance system.

     §286-H  Rules.  The judiciary and department of transportation may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part."

     SECTION 3.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

     "§291C-     Speed safety intervention.  The courts may require participation in speed safety programs, including intelligent speed assistance pursuant to part     of chapter 286, education, or monitoring, as part of sentencing for speeding-related offenses."

     SECTION 4.  (a)  The department of transportation, in coordination with the judiciary and county law enforcement agencies, shall collect data regarding:

     (1)  Speed-related crashes;

     (2)  Recidivism rates among habitual speeders; and

     (3)  The effectiveness of intelligent speed assistance interventions.

     (b)  The department of transportation shall submit a report of its findings and recommendations, including any proposed legislation, on the data collected pursuant to subsection (a) and on the effectiveness of the intelligent speed assistance requirements to the legislature no later than twenty days prior to the convening of the regular session of 2028.

     SECTION 5.  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 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 3000.

Report Title:

Speeding Offenses; Habitual Speeder; Intelligent Speed Assistance; Report

Description:

Establishes a framework for the use of intelligent speed assistance technology for habitual speeders.  Requires a report to the Legislature.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to traffic safety.

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

     SECTION 1.  The legislature finds that excessive speeding is a leading cause of traffic fatalities and serious injuries in the State.  The legislature further finds that a small number of repeat speeding offenders account for a disproportionate share of dangerous driving behavior.

     The legislature recognizes that advancements in vehicle safety technology, including intelligent speed assistance systems, can reduce speeding, improve roadway safety, and save lives while preserving access to lawful driving privileges.  The legislature also finds that the State of Washington has enacted legislation establishing intelligent speed assistance as a remedial tool for habitual speeding offenses, providing a model for improving traffic safety outcomes.

     The purpose of this Act is to:

     (1)  Allow courts to order the use of intelligent speed assistance technology for habitual speeders; and

     (2)  Require a report to the legislature on certain data and the effectiveness of intelligent speed assistance requirements.

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  intelligent speed assistance and habitual speeding

     §286-A  Definitions.  As used in this part, unless the context clearly requires otherwise:

     "Approved intelligent speed assistance system" means an intelligent speed assistance system that meets standards adopted by the department of transportation pursuant to this part.

     "Habitual speeder" means a person designated a habitual speeder by a court pursuant to section 286-B.

     "Intelligent speed assistance" means a system that uses vehicle-based, digital map-based, or external data to identify applicable speed limits and that provides:

     (1)  Advisory warnings to the driver;

     (2)  Haptic or visual feedback; or

     (3)  Active speed-limiting functionality that restricts vehicle speed to the posted limit or a court-approved threshold.

     §286-B  Habitual speeder designation.  (a)  Upon any violation of part X of chapter 291C, a court may designate a person as a habitual speeder based on:

     (1)  The number and frequency of any prior speeding violations;

     (2)  The degree to which the person's speed exceeded the posted speed limit for the current violation and any prior violations;

     (3)  Whether any of the person's speeding violations occurred in school zones or construction zones pursuant to section 291C-104 or pedestrian-priority areas; and

     (4)  Any prior traffic safety interventions.

     §286-C  Court ordered intelligent speed assistance.  (a)  In addition to any penalty under part X of chapter 291C, upon designating a person as a habitual speeder pursuant to section 286-B, the court may order, as a condition of continued driving privileges, that any motor vehicle operated by the person be equipped with an approved intelligent speed assistance system.

     (b)  The court shall specify:

     (1)  The duration of the requirement;

     (2)  Whether the system shall be advisory or speed-limiting;

     (3)  Any compliance verification requirements; and

     (4)  Conditions for early termination based on demonstrated compliance.

     (c)  Failure to comply with a court-ordered intelligent speed assistance requirement shall constitute a violation of this chapter and may result in license suspension, revocation, or other lawful sanctions.

     §286-D  Approved systems and standards.  (a)  The department of transportation shall adopt rules pursuant to chapter 91 establishing standards for approved intelligent speed assistance systems, including:

     (1)  Accuracy and reliability;

     (2)  Tamper resistance;

     (3)  Driver notification requirements; and

     (4)  Procedures for verification of installation and operation.

     (b)  The department of transportation may approve multiple categories of systems, including advisory-only and speed-limiting systems.

     §286-E  Privacy and data protection.  (a)  An intelligent speed assistance system required under this part shall not:

     (1)  Collect location or driving data beyond what is necessary for speed compliance; or

     (2)  Transmit data to third parties except for compliance verification as ordered by a court.

     (b)  Any data collected pursuant to this part shall not be sold, used for commercial purposes, or disclosed except as authorized by law.

     §286-F  Financial assistance and equity.  (a)  The courts may reduce, waive, or offset costs associated with intelligent speed assistance for individuals who demonstrate financial hardship, as determined by the courts.

     (b)  The judiciary may establish a sliding-scale fee structure or authorize the use of certified low-cost systems to ensure equitable access.

     §286-G  Rules.  The judiciary and department of transportation may adopt rules pursuant to chapter 91 necessary to carry out the purposes of this part."

     SECTION 3.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part X to be appropriately designated and to read as follows:

     "§291C-     Speed safety intervention.  Courts may require participation in speed safety programs, including intelligent speed assistance pursuant to part     of chapter 286, education, or monitoring, as part of sentencing or diversion for speeding-related offenses."

     SECTION 4.  (a)  The department of transportation, in coordination with the judiciary and county law enforcement agencies, shall collect data regarding:

     (1)  Speed-related crashes;

     (2)  Recidivism rates among habitual speeders; and

     (3)  The effectiveness of intelligent speed assistance interventions.

     (b)  The department of transportation shall submit a report of its findings and recommendations, including any proposed legislation, on the data collected pursuant to subsection (a) and on the effectiveness of the intelligent speed assistance requirements to the legislature no later than twenty days prior to the convening of the regular session of 2028.

     SECTION 5.  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 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Speeding Offenses; Habitual Speeder; Intelligent Speed Assistance; Report

Description:

Establishes a framework for the use of intelligent speed assistance technology for habitual speeders.  Requires a report to the Legislature.

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.  547-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2154

      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. 2154 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish a framework for the use of intelligent speed assistance technology for habitual speeders; and

     (2)  Require the Department of Transportation to submit a report to the Legislature on certain data and the effectiveness of intelligent speed assistance requirements.

     Your Committee received testimony in support of this measure from the Department of Transportation; Oahu Metropolitan Planning Organization; Kauaʻi Police Department; Smart Start LLC; and AAA Hawaiʻi.  Your Committee received comments on this measure from the Alliance for Automobile Innovation.

     Your Committee finds that excessive speeding remains a significant contributor to traffic fatalities and serious injuries in Hawaii.  Traditional penalties alone may not sufficiently deter habitual speeders or meaningfully change unsafe driving habits.

     Your Committee further finds that emerging intelligent speed assistance technologies offer courts a practical tool to curb habitual speeding by limiting or warning against unlawful speeds while allowing individuals to maintain restricted driving privileges.  This measure provides a structured framework to address habitual speeding through technology-based interventions, while incorporating standards, privacy protections, and a reporting requirement to assess outcomes and inform future policy decisions.

     Your Committee has amended this measure by:

     (1)  Inserting a definition for the term "active intelligent speed assistance system";

     (2)  Clarifying the liability of automobile manufacturers, distributors, and retailers regarding aftermarket intelligent speed assistance systems;

     (3)  Specifying provisions related to lessors and lienholders regarding aftermarket intelligent speed assistance systems;

     (4)  Removing language that would have allowed the courts to require participation in speed safety programs as part of diversion for speeding-related offenses;

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

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

     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. 2154, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2154, 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,