SB 2556: Motor Vehicles; Engine Brake; Prohibited; Traffic Code; Towing; Restrictions; Penalties

A BILL FOR AN ACT

relating to transportation.

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

     SECTION 1.  Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§291-     Engine brakes; prohibited.  (a)  No person shall operate a motor vehicle equipped with an engine brake:

     (1)  In any area where the posted speed limit is thirty‑five miles per hour or less; and

     (2)  Between the hours of 10:00 p.m. and 5:00 a.m. in a county with a population of five hundred thousand or more.

     (b)  Any person who violates this section shall be fined $          .

     (c)  As used in this section:

     "Engine brake" means a vehicle brake system that uses engine compression to slow the vehicle and produces an audible release of compressed air or exhaust gases.

     "Motor vehicle" has the same meaning as in section 286-2."

     SECTION 2.  Section 291C-55, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291C-55[]]  Oversized commercial vehicles; towing; prohibition from using left lane.  (a)  Upon any roadway having three or more lanes for traffic moving in the same direction, no commercial vehicle weighing ten thousand pounds or more or motor vehicle towing a vehicle or trailer shall be driven in the far left lane unless:

     (1)  The commercial vehicle or motor vehicle towing a vehicle or trailer is able to maintain speed with existing traffic flow; and

     (2)  The commercial vehicle or motor vehicle towing a vehicle or trailer is in the process of overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.

     (b)  This section shall not apply to [commercial]:

     (1)  Commercial vehicles or motor vehicles towing a vehicle or trailer occupying the left lane for the purpose of turning left or exiting, or preparing to turn left or exit[.]; or

     (2)  Motor vehicles used for public transit, school buses, and authorized emergency vehicles.

     (c)  Any person who violates this section shall:

     (1)  For a first violation, be fined no more than $           ;

     (2)  For a second violation, be fined no more than $           ; and

     (3)  For a third or subsequent violation committed within three years of any other violation of this section, be fined no more than $           , attend a traffic safety course, or both.

     (d)  This section shall apply only to a county with a population of five hundred thousand or more.

    [(c)] (e)  For the purposes of this section[, "commercial]:

     "Commercial vehicle" shall have the same meaning as in section 291-11.5.  "Commercial vehicle" does not include buses or van pools operated by the counties.

     "Trailer" shall have the same meaning as in section 286-2."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Motor Vehicles; Engine Brake; Prohibited; Traffic Code; Towing; Restrictions; Penalties

Description:

Prohibits any person from operating a motor vehicle equipped with an engine brake in certain areas.  Prohibits motor vehicles that tow a vehicle or trailer from driving in the far left lane on any roadway that has three or more lanes for traffic moving in the same direction in a county with a population of five hundred thousand or more, with certain exceptions.  Establishes penalties.

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