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HB2023
HOUSE OF REPRESENTATIVES
H.B. NO.
2023
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
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.
INTRODUCED BY:
_____________________________
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.