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GM 1173

Informing the Legislature that on June 3, 2026, the Governor signed the following bill into law: SB2697 SD1 HD2 CD1 (ACT 073).

2026 Regular Session

Hawaii strengthens enforcement and penalties for transportation and motor vehicle violations, including prohibiting shoulder driving and expanding penalties and enforcement process

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Bill Summary · GM 1173

Summary of Bill: GM 1173 (SB 2697 CD1) – Hawaii, 2026

Purpose and intent

  • The act is a transportation-related measure that becomes law as Act 073 (CD1) after being signed on June 3, 2026.
  • It implements updates across several chapters of the Hawaii Revised Statutes (HRS) to strengthen enforcement and penalties related to transportation and motor vehicle regulations.

Key provisions and changes

1) Shoulder lane use (new §291C- Shoulder lanes use prohibited)
- Prohibits driving on the shoulder of a roadway, except where otherwise allowed by:
- Section 291C-26, or
- Hours designated by the Department of Transportation (DOT).
- Penalties:
- First violation (or any violation not preceded by a prior violation within five years): $250 fine.
- Violation within five years of a prior violation: $1,000 fine.

2) Delinquent penalties; seizure and sale for tax (amendment to §249-10)
- Reinforces delinquency penalties and enforcement related to vehicle taxes.
- Vehicles with delinquent taxes may be seized by the Director of Finance or a law enforcement officer and held for up to 30 days to allow redemption.
- If redeemed, pays taxes owed plus delinquent penalties and storage costs.
- If not redeemed within 30 days:
- Vehicle may be sold at public auction to the highest bidder for cash after 30 days’ public notice (county-wide notices and postings in three public places; auction can be waived if appraised value < $500).
- Proceeds first cover taxes, penalties, storage, and sale costs; any surplus returned to the owner if claimed within 60 days; otherwise surplus goes to county treasury.
- Antique motor vehicles may be exempt from taxes/penalties during nonuse if the owner provides a sworn certificate.
- DOT and law enforcement may adopt necessary rules; annual DOT enforcement report to the Legislature (no later than 20 days before each regular session) detailing enforcement by county.

3) Penalties for motor vehicle violations (amendment to §286-61)
- Sets fines for violations of specified sections (e.g., registration, transfer, out-of-state vehicle compliance) at:
- Not less than $5 and not more than $1,000, with specific higher fines for corporate owners failing to register after a transfer between counties, or for out-of-state vehicle owners failing to register.
- Some sections specify potential imprisonment up to one year or both.

4) Penalties for violations of part related to motor vehicle safety (amendment to §291C-227)
- Updates the penalty structure for offenses within this part, increasing minimum and maximum fines:
- New range: not less than $250 and not more than $1,000 per conviction.

5) Effective date
- The act takes effect upon approval (June 3, 2026).

Who is affected

  • Vehicle owners and operators in Hawaii, including:
    • Those who drive on road shoulders without authorization.
    • Individuals with delinquent vehicle taxes or penalties.
    • Corporate vehicle owners and out-of-state vehicle owners facing registration and transfer requirements.
    • Individuals committing motor vehicle safety and compliance violations subject to updated penalties.
  • Hawaii Department of Transportation and law enforcement agencies (rulemaking and enforcement responsibilities).
  • County governments (through delinquent tax processes and auction procedures).
  • The Department of Finance (administration of seizures, storage, and sales).

Procedural and timeline aspects

  • Annual DOT enforcement reports are required to the Legislature, detailing enforcement activity by county.
  • Seizure and sale provisions establish a 30-day redemption window after seizure, followed by public auction if not redeemed (with a 30-day public notice requirement).
  • The act aligns penalties across several sections of the HRS and becomes effective upon enactment (immediately for enforcement provisions; other operational rules may be implemented per agency processes).

If you’d like, I can provide a side-by-side comparison of current law versus the changes introduced by this act.

Compiled from official sources — confirm details with the bill’s official record.

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