THE SENATE
S.B. NO.
2026
THIRTY-THIRD LEGISLATURE, 2026
S.D. 1
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TRAFFIC SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State's roadways may present safety risks to individuals that are stopped on the shoulder or roadside due to a disabled vehicle. Although existing law requires motorists to slow down and move over when approaching certain emergency vehicles, the law allows unsafe passing for all other vehicles. According to the National Highway Traffic Safety Administration, nearly three thousand six hundred fatalities occurred nationwide between 2014 and 2022 when ordinary drivers and passengers were stranded in or near their disabled vehicles.
The legislature further finds that, as of 2025, twenty-nine states have enacted comprehensive "move over" laws to cover all disabled vehicles displaying hazard warning lights or other recognized safety signals.
Accordingly, the purpose of this Act is to require drivers of vehicles approaching stationary motor vehicles stopped in any location on the roadway, shoulder, or roadside to slow down and make a lane change if necessary.
SECTION 2. Section 291C-27, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"§291C-27 Emergency [Underlined: or stationary] vehicle stopped for emergencies; duty of approaching vehicle. (a) A driver of a vehicle that is approaching an emergency vehicle that is stopped for an emergency, investigation of a possible traffic violation, rendering assistance to a police officer, or other official duties, [Underlined: or any stationary vehicle that is stopped in any location on the roadway, shoulder, or roadside] as indicated by the flashing emergency lights [Underlined: or warning signals, including vehicle hazard warning lights, road flares, traffic cones, caution signs, or any nonvehicular warning signs] of the stopped emergency [Underlined: or stationary] vehicle, shall:
(1) Slow down to a [[Struck through: reasonable and prudent speed that is safe under the circumstances of an emergency road situation ahead. Reasonableness and prudence shall take into account weather conditions, road conditions, and vehicular and pedestrian traffic in the immediate area.]] [Underlined: speed that shall not exceed:]
[Underlined: (A)] [Underlined: Twenty miles per hour below the maximum speed limit on roadways with a speed limit greater than or equal to thirty miles per hour; and]
[Underlined: (B)] [Underlined: Five miles per hour when the posted speed limit is less than thirty miles per hour.]
If necessary, the driver shall come to a complete stop before making a lane change under paragraph (2); and
(2) Make a lane change into the adjacent lane if necessary and if it is safe to do so, or if possible, to two lanes over which leaves one lane between the driver and the emergency vehicle."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2027.
Report Title:
Traffic Safety; Duty of Approaching Vehicle; Stationary Vehicle
Description:
Requires drivers of vehicles approaching stationary motor vehicles stopped in any location on the roadway, shoulder, or roadside to slow down and make a lane change if necessary. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.