RELATING TO TRANSPORTATION SAFETY.

SB2812

THE SENATE

S.B. NO.

2812

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO TRANSPORTATION SAFETY
.

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

����
SECTION 1.
�
The
legislature finds that vehicles having a hood height greater than forty inches
are forty-five per cent more likely to kill pedestrians after striking them,
because the impact is closer to the head or torso rather than with lower
vehicles.
�
The legislature also finds
that the penalties for excessive speeding and driving while intoxicated may
include fines or license suspension.

����
Accordingly, the purpose of this Act is to
require:

����
(1)
�
The
examiner of drivers to test driver license applicants on knowledge of the
dangers that larger motor vehicles, including trucks and sport utility
vehicles, pose to pedestrians and bicyclists; and

����
(2)
�
Persons
who commit the offense of excessive speeding or habitually operating a vehicle
under the influence of an intoxicant to pass a driver's license examination following
each offense.

����
SECTION
2
.
�
Section 286-108, Hawaii Revised Statutes, is
amended as follows:

����
1.
�
By
amending subsection (a) to read:

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"(a)
�

Except as provided in section 286-107.5(a)[
,
]
or any other
provision of this part,
the examiner of drivers shall examine every
applicant for a driver's license[
, except as otherwise provided in this part
].
�
The examination shall include a test of:

����
(1)
�
The applicant's eyesight and any
further physical examination that the examiner of drivers finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the
highways;

����
(2)
�
The applicant's ability to understand
highway signs regulating, warning, and directing traffic;

����
(3)
�
The applicant's knowledge of the rules
of the road based on the traffic laws of the State and the traffic ordinances
of the county where the applicant resides or intends to operate a motor
vehicle;
provided that the examination shall
specifically test the applicant's knowledge of the provisions of [
section
]

sections
291C-121.5 and [
section
] 291C-137;
[
and
]

����
(4)
�
The
applicant's knowledge of the dangers that large vehicles, including trucks,
pose to pedestrians and bicyclists; and

���
[
(4)
]

(5)
�
The
actual demonstration of ability to exercise ordinary and reasonable control in
the operation of a motor vehicle.

The
examinations shall be appropriate to the operation of the category of motor
vehicle for which the applicant seeks to be licensed and shall be conducted as
required by the director.

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The
examiner of drivers shall require every applicant to comply with section
286-102.5.

����
The
examiner of drivers may waive the actual demonstration of ability to operate a
motorcycle or motor scooter for any person who furnishes evidence, to the
satisfaction of the examiner of drivers, that the person has completed the
motorcycle education course approved by the director in accordance with section
431:10G-104.

����
For
the purposes of this section, [
the term
] "applicant" does not
include any person reactivating a license under section 286-107.5(a)."

����
2.
�

By amending subsection (c) to read:

����
"
(c)
�
The examiner of drivers may waive the written
or oral examination required under subsection (a)(2) [
and
]
,
(3)
,
and 4
and the actual demonstration of ability to operate a motor vehicle
for any person who:

����
(1)
�
Is at least eighteen years of age and [
who
]
possesses a valid driver's license issued to the applicant in any other state
of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, a province of the Dominion of Canada, or the
Commonwealth of the Northern Mariana Islands for the operation of vehicles in
categories 1 through 3 of section 286-102;

����
(2)
�
Has completed the same requirements as
set forth in section 286-102.6(f) in another state and possesses a valid
provisional license from that state; or

����
(3)
�
Is
at least eighteen years of age and [
who
] possesses a valid driver's
license issued to the applicant in any jurisdiction for which the director has
granted reciprocal licensing privileges in accordance with section 286-101.5
for the operation of vehicles in category (3) of section 286-102(b)."

����
SECTION
3
.
�
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 less than $500 and not
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)
�
Attendance in a course of instruction
in driver retraining;

���������
(D)
�
A surcharge of $25 to be deposited into
the neurotrauma special fund under section 321H-4;

���������
(E)
�
[
A
]
If the court so orders, a

surcharge of not more than $100 to be deposited into the trauma system special
fund under section 321-22.5[
,
if the court so orders
];

���������
(F)
�
An assessment for driver education
pursuant to section 286G-3; and

���������
(G)
�
Either one of the following:

��������������
(i)
�
Thirty-six hours of community service
work; or

�������������
(ii)
�
Not
less than forty-eight hours and not
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 less than $750 and not
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)
�
Attendance in a course of instruction
in driver retraining;

���������
(D)
�
A surcharge of $25 to be deposited into
the neurotrauma special fund under section 321H-4;

���������
(E)
�
[
A
]
If the court so orders, a

surcharge of not more than $100 to be deposited into the trauma system special
fund under section 321-22.5[
, if the court so orders
];

���������
(F)
�
An assessment for driver education
pursuant to section 286G-3; and

���������
(G)
�
Either one of the following:

��������������
(i)
�
Not less than one hundred twenty hours
of community service work; or

�������������
(ii)
�
Not less than five days but not 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 less than ninety days but not more than
six months;

����
(3
)
�
Attendance in a course of instruction
in driver retraining;

����
(4)
�
A surcharge of $25 to be deposited into
the neurotrauma special fund under section 321H-4;

����
(5)
�
A surcharge of not more than $100 to be
deposited into the trauma system special fund under section 321-22.5, if the
court so orders;

����
(6)
�
An assessment for driver education
pursuant to section 286G-3; and

����
(7)
�
That the vehicle used in the commission
of the offense be subject to forfeiture under chapter 712A, if the court so
orders."

����
(e)
�

In addition to any penalties imposed by this section, any person who
violates this section shall be required to pass a driver's license examination
as provided in section 286-108.
"

����
SECTION
4
.
�
Section 291E-61.5, Hawaii Revised Statutes,
is amended to read as follows:

����
"
�291E-61.5
�
Habitually operating a vehicle under the
influence of an intoxicant.
�
(a)
�
A person commits the offense of habitually
operating a vehicle under the influence of an intoxicant if:

����
(1)
�
The person is a habitual operator of a vehicle
while under the influence of an intoxicant; and

����
(2)
�
The person operates or assumes actual physical
control of a vehicle:

���������
(A)
�
While
under the influence of alcohol in an amount sufficient to impair the person's
normal mental faculties or ability to care for the person and guard against
casualty;

���������
(B)
�
While
under the influence of any drug that impairs the person's ability to operate
the vehicle in a careful and prudent manner;

���������
(C)
�
With
.08 or more grams of alcohol per two hundred ten liters of breath; or

���������
(D)
�
With
.08 or more grams of alcohol per one hundred milliliters or cubic centimeters
of blood.

����
(b)
�

Habitually operating a vehicle while under the influence of an
intoxicant [
is
]
shall be
a class C felony.

����
(c)
�
For a conviction under this section, the
sentence shall be either:

����
(1)
�
An
indeterminate term of imprisonment of five years; or

����
(2)
�
A
term of probation of five years, with conditions to include:

���������
(A)
�
Mandatory revocation of license to operate a
vehicle for a period no less than three years but no more than five years, with
mandatory installation of an ignition interlock device in all vehicles operated
by the respondent during the revocation period;

���������
(B)
�
No less than ten days imprisonment, of which
at least forty-eight hours shall be served consecutively;

���������
(C)
�
A fine of no less than $2,000 but no more than
$5,000, to be deposited into the drug and alcohol toxicology testing laboratory
special fund;

���������
(D)
�
Referral to a certified substance abuse
counselor as provided in subsection (e);

���������
(E)
�
A surcharge of $25 to be deposited into the
neurotrauma special fund; and

���������
(F)
�
A surcharge of up to $50 to be deposited into
the trauma system special fund if the court so orders.

In addition to the foregoing, any vehicle owned
and operated by the person committing the offense shall be subject to
forfeiture pursuant to chapter 712A.

����
(d)
�
For any person who is convicted under this
section and was a highly intoxicated driver at the time of the subject
incident, the offense shall be a class B felony and the person shall be
sentenced to the following:

����
(1)
�
An
indeterminate term of imprisonment of ten years; or

����
(2)
�
A term of probation of five years, with
conditions to include the following:

���������
(A)
�
Permanent revocation of license to operate a
vehicle;

���������
(B)
�
No less than eighteen months imprisonment;

���������
(C)
�
A fine of no less than $5,000 but no more than
$25,000; and

���������
(D)
�
Referral to a certified substance abuse
counselor as provided in subsection (e).

In addition to the foregoing, any vehicle owned
and operated by the person who committed the offense shall be subject to
forfeiture pursuant to chapter 712A.

����
(e)
�

Whenever a court sentences a person under this section, it shall also
require that the offender be referred to the driver's education program for an
assessment, by a certified substance abuse counselor, of the offender's
substance abuse or dependence and the need for appropriate treatment.
�
The counselor shall submit a report with
recommendations to the court.
�
The court
shall require the offender to obtain appropriate treatment if the counselor's
assessment establishes the offender's substance abuse or dependence.
�
All costs for assessment and treatment shall
be borne by the offender.

����
(f)
�

Notwithstanding any other law to the contrary, whenever a court revokes
a person's driver's license pursuant to this section, the examiner of drivers
shall not grant to the person a new driver's license until expiration of the
period of revocation determined by the court.
�

After the period of revocation is complete,
and subject to subsection
(h),
the person may apply for and the examiner of drivers may grant to the
person a new driver's license.

����
(g)
�

Any person sentenced under this section may be ordered to reimburse the
county for the cost of any blood or urine tests conducted pursuant to section
291E-11.
�
The court shall order the
person to make restitution in a lump sum, or in a series of prorated
installments, to the police department or other agency incurring the expense of
the blood or urine test.

����
(h)
�

In addition to any other penalty imposed by this section, any person
convicted of violating this section shall be required to pass a driver's
license examination as provided in section 286-108.

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[
(h)
]
(i)
�
As used in this section:

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"Convicted one or more times for
offenses of habitually operating a vehicle under the influence" means
that, at the time of the behavior for which the person is charged under this
section, the person had one or more times within ten years of the instant
offense:

����
(1)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for a violation of this section
or section 291-4.4 as that section was in effect on December 31, 2001;

����
(2)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for an offense that is
comparable to this section or section 291-4.4 as that section was in effect on
December 31, 2001; or

����
(3)
�
An adjudication of a minor for a law or
probation violation that, if committed by an adult, would constitute a
violation of this section or section 291‑4.4 as that section was in
effect on December 31, 2001,

that, at
the time of the instant offense, had not been expunged by pardon, reversed, or
set aside.
�
All convictions that have
been expunged by pardon, reversed, or set aside before the instant offense
shall not be deemed prior convictions for the purposes of proving the person's
status as a habitual operator of a vehicle while under the influence of an
intoxicant.

����
"Convicted two or more times for
offenses of operating a vehicle under the influence" means that, at the
time of the behavior for which the person is charged under this section, the
person had two or more times within ten years of the instant offense:

����
(1)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for a violation of section
291E-61 or 707-702.5;

����
(2)
�
A judgment on a verdict or a finding of
guilty, or a plea of guilty or nolo contendere, for an offense that is
comparable to section 291E-61 or 707-702.5; or

����
(3)
�
An adjudication of a minor for a law or
probation violation that, if committed by an adult, would constitute a
violation of section 291E-61 or 707‑702.5,

that, at
the time of the instant offense, had not been expunged by pardon, reversed, or
set aside.
�
All convictions that have
been expunged by pardon, reversed, or set aside before the instant offense
shall not be deemed prior convictions for the purposes of proving that the
person is a habitual operator of a vehicle while under the influence of an
intoxicant.

����
"Examiner of drivers" has the
same meaning as provided in section 286-2.

����
"Habitual operator of a vehicle while
under the influence of an intoxicant" means that the person was convicted:

����
(1)
�
Two or more times for offenses of operating a
vehicle under the influence; or

����
(2)
�
One or more times for offenses of habitually
operating a vehicle under the influence.
"

����
SECTION 5.
�

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

����
SECTION 6.
�

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

����
SECTION 7.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Driver's
License; License Examination; Excessive Speeding; DUI; Penalties

Description:

Requires testing
of driver license applicants on the dangers that larger motor vehicles present
to pedestrians and bicyclists.
�
Requires
persons who commit the offense of excessively speeding or habitually driving
while intoxicated to pass the driver license examination for each offense.

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