RELATING TO TRAFFIC.

HB886

HOUSE OF REPRESENTATIVES

H.B. NO.

886

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO TRAFFIC
.

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

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SECTION
1.
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The legislature finds that unlicensed
drivers on Hawaii's roads pose a significant public safety risk to themselves
and others.
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While existing law allows
police officers to cite unlicensed drivers, there is currently no requirement
to prevent these cited drivers from immediately continuing to operate their
vehicles unlawfully after receiving citations.
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The legislature believes that establishing
clear protocols for law enforcement when encountering unlicensed drivers will
enhance public safety by ensuring these drivers do not continue to operate
vehicles without valid licenses.

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Accordingly,
the purpose of this Act is:

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(1)
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Provide that if a law enforcement officer
lawfully stops a motor vehicle and the operator is cited for driving without a
valid license, the officer shall not permit the operator to resume the use of
the motor vehicle;

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(2)
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Require the motor vehicle to be moved by a
licensed driver or towed at the owner's expense; and

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(3)
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Provide that the cited operator is responsible
for arranging the operator's transportation away from the scene of the stop.

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

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"
�286-
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Unauthorized
operators; use of motor vehicle prohibited.
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(a)
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If a law enforcement officer lawfully stops a
motor vehicle and cites the person operating the motor vehicle for allegedly
violating section 286-102, 286-122, 286
‑
130, 286‑131,
286-132, 286-133, or 286-134, the officer shall not permit the operator to resume
the use of the motor vehicle.

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(b)
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The motor vehicle may be removed from the scene of the stop by:

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(1)
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The registered owner of the motor vehicle,
if the registered owner possesses a valid driver's license; or

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(2)
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Any other individual who possesses a valid
driver's license, if the individual has the explicit permission of the
registered owner of the motor vehicle;

provided that the individual taking possession of
the motor vehicle is able to legally park or store the motor vehicle.

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(c)
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If an individual described in subsection (b)
cannot remove the motor vehicle within a reasonable time, the law enforcement
officer shall arrange for the motor vehicle to be towed, at the expense of the
motor vehicle's registered owner, to:

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(1)
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The address of the motor vehicle's
registered owner; or

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(2)
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Any location designated by the county in
which the stop occurred.

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(d)
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The cited operator shall be responsible for arranging the cited operator's
transportation from the scene of the stop, which may include the use of public
transportation, rideshare or taxi services, or riding as a passenger in a motor
vehicle operated by a person possessing a valid driver's license.
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Any transportation expenses incurred shall be
the responsibility of the cited operator.
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The cited operator shall inform the law enforcement officer of the cited
operator's transportation arrangements.
"

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

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SECTION 4.
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New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

Motor
Vehicles; Unlicensed Drivers; Stops; Citations; Towing

Description:

Provides
that if a law enforcement officer lawfully stops a motor vehicle and the
operator is cited for driving without a valid license, the officer shall not
permit the operator to resume the use of the motor vehicle.
�
Requires the motor vehicle to be moved by a
licensed driver or towed at the owner's expense.
�
Provides that the cited operator is responsible
for arranging the operator's transportation from the scene of the stop.

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