HB 2023

HOUSE OF REPRESENTATIVES
H.B. NO.
2023
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
S.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Chapter 286,
Hawaii Revised Statutes, is amended by adding two new sections 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 pursuant to
this section.
���� (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 shall adopt rules pursuant to
chapter 91 necessary for the purposes of this section.
���� (e)� For the purposes of this section, "active intelligent speed assistance
system" has the same meaning as defined in section 291C-1.
���� �286-   � Automobile manufacturer, distributor, or
retailer responsibility; liability; lessors and lienholders.� (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 active intelligent speed
assistance system or the improper installation, use, or misuse of an active
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 a repair or update of an active intelligent speed assistance system and the
repair or update proximately causes loss, injury, or damage.
���� (c) �Nothing
in this chapter 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 active intelligent speed assistance
system.
���� (d) �Nothing in this chapter shall prohibit a
lessor or lienholder from requiring that a motor vehicle lessee or owner notify
the lessor or lienholder that an active 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 active intelligent speed assistance system.
���� (f)� For the purposes of this section, "active intelligent speed assistance
system" has the same meaning as defined in section 291C-1."
���� SECTION 2.� Chapter 291C, Hawaii Revised Statutes, is
amended by adding two new sections to part X to be appropriately designated and
to read as follows:
���� "�291C-A� Circumvention
of or tampering with an active intelligent speed assistance system.� (a)� A person commits the offense of circumvention
of or tampering with an active intelligent speed assistance system if the
person intentionally, knowingly, or recklessly circumvents or tampers with an
active intelligent speed assistance system installed on a motor vehicle
pursuant to this chapter resulting in the system becoming inaccurate or
inoperable.
���� (b)�
Circumvention of or tampering with an active intelligent speed
assistance system shall be a misdemeanor.�
In addition to any other penalties provided by law, all active
intelligent speed assistance system permits issued to the person pursuant to
section 291C-103(d) or 291C-105(e) at the time of sentencing shall be suspended.
���� (c)�
For the purposes of this section, "active intelligent speed
assistance system" has the same meaning as defined in section 291C-1.
���� �291C-B� Operating a motor vehicle in violation
of a court-ordered active intelligent speed assistance system requirement;
penalties.� (a)�
No person who has been ordered to install an active intelligent speed
assistance system pursuant to section 291C-103 or 291C-105 shall operate or
assume actual physical control of any vehicle not equipped with an active
intelligent speed assistance system.
���� (b)�
Any person convicted of violating this section shall be sentenced as
follows, without possibility of probation or suspension of sentence:
���� (1)� For a first
offense, or any offense not preceded within a ten-year period by conviction for
an offense under this section:
��������� (A)� A
term of imprisonment of no less than three consecutive days and no more than
thirty days;
��������� (B)� A
fine of no less than $250 and no more than $1,000; and
��������� (C)� Suspension
of license and privilege to operate a motor vehicle for one year, including all
active intelligent speed assistance system permits issued to the person
pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time
of sentencing;
���� (2)� For an offense
that occurs within ten years of a prior conviction for an offense under this
section:
��������� (A)� Thirty
days imprisonment;
��������� (B)� A
$1,000 fine; and
��������� (C)� Suspension
of license and privilege to operate a motor vehicle for two years, including
all active intelligent speed assistance system permits issued to the person
pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time
of sentencing; and
���� (3)� For an offense
that occurs within ten years of two or more prior convictions for offenses
under this section:
��������� (A)� No
less than six months and no more than one year imprisonment;
��������� (B)� A
$2,000 fine; and
��������� (C)� Suspension
of license and privilege to operate a motor vehicle for four years, including
all active intelligent speed assistance system permits issued to the person
pursuant to section 291C-103(d) or 291C-105(e) that are in effect at the time
of sentencing.
���� (c)� The applicable period of suspension pursuant
to subsection (b) shall commence upon the release of the person from the period
of imprisonment imposed pursuant to this section."
���� SECTION 3.� 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]] the State has been canceled,
suspended, or revoked may drive any motor vehicle upon the highways of [[this]]
the State while the license, right, or privilege remains canceled,
suspended, or revoked."
���� SECTION 4.� 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 an aftermarket device that actively advises
a driver when a vehicle is or prevents a motor vehicle from exceeding the
applicable speed limit, does not interact with the braking system, and is
installed in or integrated with a motor vehicle. �"Active intelligent speed assistance
system" determines the applicable speed limit and advises a driver when
the vehicle is or prevents the vehicle from exceeding that limit, excluding dynamic
speed zones, using technology including, but not limited to integrated location-based
technology, digital mapping data, or camera-based traffic sign recognition. �"Active intelligent speed assistance
system" includes all necessary components for installation, operation,
monitoring, and data transmission."
���� SECTION 5.� 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)� Upon proof that the defendant:
���� (1)� Had a valid
driver's license at the time of sentencing for the subject offense;
���� (2)� Has installed
an active intelligent speed assistance system in any vehicle the defendant
operates on a public highway pursuant to this subsection; and
���� (3)� Has obtained
motor vehicle insurance or self-insurance that complies with the requirements
under either section 431:10C-104 or 431:10C-105,
the court may issue an active intelligent speed
assistance system permit that shall allow the defendant to drive a vehicle
equipped with an active intelligent speed assistance system on a public highway
during the suspension period.� Nothing in
this section shall prevent a court from subsequently revoking the active
intelligent speed assistance system permit, following a subsequent offense or
otherwise.� Installation and maintenance
of the active intelligent speed assistance system shall be at the defendant's
own expense.
���� [[(c)]]
(d)� 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 one-year
license suspension;
���� (2)� For an offense that occurs within five years of two prior convictions:
��������� (A)� A three-year license suspension; and
��������� (B)� 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)� A person who fails to comply with active
intelligent speed assistance system requirements imposed pursuant to this
section shall be subject to section 291C-B; and
��� [[(3)]] (4)� 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.
���� [[(d)]] (e)� [[As used in]] For the purposes of
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 6.� 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[[;]], subject to subsection (e);
��������� (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
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)� 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]] 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[[;]],
subject to subsection (e);
��������� (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
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)� An assessment for
driver education pursuant to section 286G-3; and
��������� (G)� 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]]
Suspension 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[[;]], subject to subsection (e);
���� (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]] no 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)�
Upon proof that the defendant has:
���� (1)� Installed an active intelligent speed assistance
system in any vehicle the defendant operates on a public highway
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 on a public highway during the suspension or revocation
period.� Nothing in this section shall
prevent a court from subsequently revoking the active intelligent speed
assistance system permit, following a subsequent offense or otherwise.� Installation and maintenance of the active
intelligent speed assistance system shall be at the defendant's own expense."
���� SECTION 7.� This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
���� SECTION 8.� 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 9.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 10.� This Act shall take effect on January 1, 2028;
provided that section 1 of this Act shall take effect upon its approval.
Report Title:
DOT;
Judiciary; Active Intelligent Speed Assistance Systems; Penal Code; Traffic
Offenses
Description:
Requires
the Department of Transportation to administer a statewide program for
certification of active intelligent speed assistance systems and select a
vendor for the installation and maintenance of systems.� Limits the civil liability of motor vehicle
manufacturers, distributors, and retailers for active intelligent speed
assistance systems.� Makes circumventing
or tampering with an active intelligent speed assistance system a
misdemeanor.� Establishes penalties for
operating a motor vehicle in violation of a court-ordered active intelligent
speed assistance system requirement.� 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.� Effective 1/1/2028.� (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.