Haw. Rev. Stat. § 291D-7 — HI Code / Division 1 / Title 17 / Chapter 291D / Section 291D-7
Court action after answer or failure to answer.
Status: in_force

(a) When an admitting answer is received, the court shall enter judgment in favor of the State in the total amount specified in the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction.

(b) When a denying answer is received, the court shall proceed as follows:

(1) In the case of a traffic infraction, emergency period infraction, or fireworks infraction where the person requests a hearing at which the person will appear in person to contest the infraction, the court shall notify the person in writing of the date, time, and place of hearing to contest the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction. The notice of hearing shall be mailed to the address stated in the denying answer or, if none is given, to the address stated on the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction. An electronic copy of the notice of hearing may be sent to the electronic mail address stated on the notice of infraction. The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment; and

(2) When a denying answer is accompanied by a written statement of the grounds on which the person contests the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, the court shall proceed as provided in section 291D-8(a) and shall notify the person of its decision, including the total amount assessed, if any, by mailing the notice of entry of judgment within forty-five days of the postmarked date of the answer to the address provided by the person in the denying answer or, if none is given, to the address given when the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction was issued or, in the case of parking violations, to the address at which the vehicle is registered. An electronic copy of the notice of entry of judgment may be sent to the electronic mail address stated on the notice of infraction. The notice of entry of judgment also shall advise the person, if it is determined that the infraction was committed and judgment is entered in favor of the State, that the person has the right, within thirty days of entry of judgment, to request a trial and shall specify the procedures for doing so. The notice of entry of judgment shall also notify the person, if an amount is assessed by the court for monetary assessments, fees, surcharges, or costs, that if the person does not request a trial within the time specified in this paragraph, the total amount assessed shall be paid within thirty days of entry of judgment.

(c) When an answer admitting commission of the infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows:

(1) In the case of a traffic infraction, emergency period infraction, or fireworks infraction where the person requests a hearing at which the person will appear in person to explain mitigating circumstances, the court shall notify the person in writing of the date, time, and place of hearing to explain mitigating circumstances. The notice of hearing shall be mailed to the address stated in the answer or, if none is given, to the address stated on the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction. An electronic copy of the notice of hearing may be sent to the electronic mail address stated on the notice of infraction. The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount stated in the default judgment shall be paid within thirty days of entry of default judgment; and

(2) If a written explanation is included with an answer admitting commission of the infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any. The court shall then notify the person of the total amount to be paid for the infraction, if any. There shall be no appeal from the judgment. If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the person that the total amount shall be paid within thirty days of entry of judgment.

(d) If the person fails to answer within twenty-one days of issuance of the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, the court shall take action as provided in subsection (e).

(e) Whenever judgment by default is entered in favor of the State, the court shall mail a notice of entry of default judgment to the address provided by the person when the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction was issued or, in the case of parking infractions, to the address stated in the answer, if any, or the address at which the vehicle is registered. An electronic copy of the notice of entry of default judgment may be sent to the electronic mail address stated on the notice of infraction. The notice of entry of default judgment shall advise the person that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment and shall explain the procedure for setting aside a default judgment. Judgment by default entered for the State pursuant to this chapter may be set aside pending final disposition of the traffic infraction, emergency period infraction, or fireworks infraction upon written application of the person and posting of an appearance bond equal to the amount of the total amount specified in the default judgment and any other assessment imposed pursuant to section 291D-9. The application shall show good cause or excusable neglect for the person's failure to take action necessary to prevent entry of judgment by default. Thereafter, the court shall determine whether good cause or excusable neglect exists for the person's failure to take action necessary to prevent entry of judgment by default. If so, the application to set aside default judgment shall be granted, the default judgment shall be set aside, and the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction shall be disposed of pursuant to this chapter. If not, the application to set aside default judgment shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts due under the default judgment, and the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction shall be finally disposed. In either case, the court shall determine the existence of good cause or excusable neglect and notify the person of its decision on the application in writing. [L 1993, c 214, pt of §2; am L 1997, c 60, §10; am L 2005, c 48, §4; am L 2007, c 85, §6; am L 2020, c 59, §4; am L 2021, c 185, §10; am L 2025, c 243, §24]
Haw. Rev. Stat. § 291C-195 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-195
Driving of mopeds.
Status: in_force

(a) Notwithstanding section 286-81(b), no person:

(1) Less than sixteen years of age shall drive a moped on a highway, street, or roadway, or any other public property in the State; and

(2) Shall drive a moped unless the person wears a safety helmet securely fastened with a chin strap.

The safety helmet shall meet the specifications and requirements established by rules adopted by the director.

(b) No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.

(c) No person shall drive a moped which is carrying any other person nor shall any person other than the driver ride upon a moped.

(d) Subsections (b) and (c) shall not apply to three-wheeled mopeds designed to carry a driver and passenger seated side by side.

(e) Three-wheeled mopeds shall be insured for liability and property damage, excluding personal injury protection. [L 1978, c 175, pt of §15; am L 2006, c 63, §1; am L 2008, c 197, §1; am L 2021, c 214, §7; am L 2025, c 222, §2]
Haw. Rev. Stat. § 291C-170 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-170
Revocation or suspension of license.
Status: in_force

In addition to the penalties heretofore provided, the court may revoke or may suspend, for a period not to exceed one year, the license of any driver convicted of a violation of any section or provision of the state traffic laws involving a vehicle in motion.
Haw. Rev. Stat. § 291C-128 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-128
Following emergency vehicle prohibited.
Status: in_force

The driver of any vehicle other than one on official business shall not follow any emergency vehicle traveling in response to an emergency closer than five hundred feet or drive or park such vehicle within five hundred feet of where the emergency vehicle has stopped in answer to a fire alarm.
Haw. Rev. Stat. § 286-238 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-238
Application for commercial driver's license [or commercial learner's permit].
Status: in_force

(a) The application for a commercial driver's license or commercial learner's permit shall include the following with respect to the applicant:

(1) Certifications including those required by title 49 Code of Federal Regulations section 383.71(a), except that this certification applies to both intrastate and interstate drivers;

(2) The names of all states where the applicant has previously been licensed to drive any type of motor vehicle during the previous ten years; and

(3) A ny other information required by section 286‑111.

The applicant shall produce proof of residency to show the applicant's state of domicile as defined in title 49 Code of Federal Regulations section 383.5.

(b) When a licensee's name, mailing, business, or residence address is changed, a notification of the change shall be given as provided in section 286-116.5.

(c) No person who has been domiciled in this State for thirty days or more may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction. [L 1989, c 320, pt of §2; am L 1990, c 342, §8; am L 2003, c 46, §2; am L 2004, c 103, §6; am L 2013, c 114, §8; am L 2014, c 72, §2]
Haw. Rev. Stat. § 291D-8 — HI Code / Division 1 / Title 17 / Chapter 291D / Section 291D-8
Hearings.
Status: in_force

(a) In proceedings to contest a notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction where the person to whom the notice was issued has timely requested a hearing and appears at the hearing:

(1) In lieu of the personal appearance by the officer who issued the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, the court shall consider the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, and any other written report made by the officer, if provided to the court by the officer, together with any oral or written statement by the person to whom the notice of infraction was issued, or in the case of traffic infractions involving parking or equipment, the operator or registered owner of the motor vehicle;

(2) The court may compel by subpoena the attendance of the officer who issued the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, and other witnesses from whom it may wish to hear;

(3) The standard of proof to be applied by the court shall be whether, by a preponderance of the evidence, the court finds that the traffic infraction, emergency period infraction, or fireworks infraction was committed; and

(4) After due consideration of the evidence and arguments, if any, the court shall determine whether commission of the traffic infraction, emergency period infraction, or fireworks infraction has been established. Where the commission of the traffic infraction, emergency period infraction, or fireworks infraction has not been established, judgment in favor of the defendant, dismissing the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction or any count therein with prejudice, shall be entered in the record. Where it has been established that the traffic infraction, emergency period infraction, or fireworks infraction was committed, the court shall enter judgment in favor of the State and shall assess a monetary assessment pursuant to section 291D-9, together with any fees, surcharges, or costs. The court also shall inform the person of the right to request a trial pursuant to section 291D-13. If the person requests a trial at the time of the hearing, the court shall provide the person with the trial date as soon as practicable.

(b) In proceedings to explain mitigating circumstances where the person to whom the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction was issued has timely requested a hearing and appears at the hearing:

(1) The procedure shall be limited to the issue of mitigating circumstances. A person who requests to explain the circumstances shall not be permitted to contest the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction;

(2) After the court has received the explanation, the court shall enter judgment in favor of the State and may assess a monetary assessment pursuant to section 291D-9, together with any fees, surcharges, or costs;

(3) The court, after receiving the explanation, may vacate the admission and enter judgment in favor of the defendant, dismissing the notice of traffic infraction, notice of emergency period infraction, notice of fireworks infraction, or any count therein with prejudice, where the explanation establishes that the infraction was not committed; and

(4) There shall be no appeal from the judgment.

(c) If a person for whom a hearing has been scheduled, to contest the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, or to explain mitigating circumstances, fails to appear at the hearing, the court shall enter judgment by default for the State and take action as provided in section 291D-7(e). [L 1993, c 214, pt of §2; am L 1997, c 60, §11; am L 2007, c 85, §7; am L 2020, c 59, §5; am L 2021, c 185, §11; am L 2025, c 243, §25]
Haw. Rev. Stat. § 291C-8 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-8
[ §291C-8] County police officer authority.
Status: in_force

[ §291C-8] County police officer authority. Each county police officer may enforce this chapter for any violation of this chapter that occurs on any federal, state, or county street, roadway, or highway.
Haw. Rev. Stat. § 291C-126 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-126
Riding in house trailers.
Status: in_force

No person or persons shall occupy a house trailer while it is being moved upon a public highway.
Haw. Rev. Stat. § 291C-131 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-131
Spilling loads on highways; penalties.
Status: in_force

(a) No vehicle shall be moved on any highway, unless the vehicle is so constructed, covered, or loaded as to prevent any of its load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a highway in cleaning or maintaining the highway.

(b) No vehicle shall be driven or moved on any highway when any load thereon is not entirely within the body of the vehicle; provided that this prohibition shall not apply if the load is securely fastened by means of clamps, ropes, straps, cargo nets, or other suitable mechanical device to prevent such load from dropping onto the highway or from shifting in any manner and, further, no vehicle shall be operated on any highway with any load thereon projecting beyond the extreme width of the vehicle.

(c) Vehicles carrying agricultural produce from fields during harvesting shall be exempt from the requirements of this section but the owner of the vehicle must provide for the reasonable removal of all such produce spilled or dropped on the highway.

(d) No vehicle shall be driven or moved on any highway with any load if the load is not entirely covered by a cargo net, tarpaulin, canopy, or other material designed to cover the load to prevent the load from escaping from the vehicle, where the load consists partially or entirely of loose paper, loose rubbish, plastics, empty cartons, dirt, sand, or gravel.

(e) Vehicles transporting a granular load consisting of dirt, sand, or gravel on any highway shall not be required to cover their granular load if the granular load does not extend, at its peak, above any point on a horizontal plane equal in height to the top of the side, front, or rear part of the cargo container area that is the least in height.

(f) No vehicle shall be driven or moved on any highway with a load consisting of rocks, stones, or boulders if the load, at its peak, extends above any point on a horizontal plane equal in height to the top of the side, front, or rear part of the cargo container area that is the least in height.

(g) Violation of this section shall be considered an offense as defined in section 701-107(5), shall not be subject to the provisions of chapter 291D, and shall subject the owner or driver of the vehicle, or both, to the following penalties without possibility of probation or suspension of sentence:

(1) For a first violation, by a fine of not less than $250 and not more than $500.

(2) For a second violation involving a vehicle or driver previously cited under this section within one year:

(A) Suspension of the vehicle registration or suspension of the license of the driver, or both, for not less than five working days but not more than ten working days; and

(B) A fine of not less than $500 and not more than $750.

(3) For a third or subsequent violation involving a vehicle or driver previously cited under this section within one year:

(A) Suspension of the vehicle registration or suspension of the license of the driver, or both, for a period of thirty calendar days; and

(B) A fine of not less than $750 and not more than $1,000.

In imposing a fine under this subsection, the court, in its discretion, may apportion payment of the fine between the driver of the vehicle and the owner of the vehicle according to the court's determination of the degree of fault for the violation.

For the purposes of this subsection, a truck-trailer combination and tractor-semitrailer combination, as they are defined in section 286-2, shall be considered as one vehicle. [L 1976, c 137, §1; am L 1977, c 205, §1; am L 1986, c 175, §1; am L 1989, c 301, §1; am L 1990, c 121, §1; am L 2000, c 100, §1]
Haw. Rev. Stat. § 291D-2 — HI Code / Division 1 / Title 17 / Chapter 291D / Section 291D-2
Definitions.
Status: in_force

As used in this chapter:

"Concurrent trial" means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction, emergency period infraction, or fireworks infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time.

"Emergency period infraction" means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction.

"Fireworks infraction" means any violation of chapter 132D that is not explicitly classified as a felony or misdemeanor, any rule adopted pursuant to chapter 132D, or any county ordinance or rule enacted pursuant to chapter 132D.

"Hearing" means a proceeding conducted by the district court pursuant to section 291D-8 at which the person to whom a notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction was issued either admits to the infraction, contests the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, or admits to the traffic infraction, emergency period infraction, or fireworks infraction but offers an explanation to mitigate the monetary assessment imposed.

"Notice of traffic infraction" includes a notice of parking infraction.

"Related criminal offense" means any criminal violation or crime, committed in the same course of conduct as a traffic infraction, emergency period infraction, or fireworks infraction, for which the defendant is arrested or charged.

"Traffic infraction" means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter.

"Trial" means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. [L 1993, c 214, pt of §2; am L 1997, c 60, §8; am L 2007, c 85, §2; am L 2021, c 185, §5; am L 2025, c 243, §19]
Haw. Rev. Stat. § 286-102 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-102
Licensing.
Status: in_force

(a) No person, except one:

(1) Exempted under section 286‑105;

(2) Who holds an instruction permit under section 286‑110;

(3) Who holds a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit under section 286-104.5;

(4) Who holds a provisional license under section 286‑102.6;

(5) Who holds a commercial driver's license issued under section 286‑239; or

(6) Who holds a commercial driver's license instruction permit issued under section 286‑236,

shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles.

(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:

(1) Mopeds;

(2) Motorcycles, except for autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2, and motor scooters;

(3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less, and autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2; and

(4) All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle.

A school bus, small bus, motorcoach, or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus, small bus, motorcoach, or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181.

(c) No person shall receive a driver's license without surrendering to the examiner of drivers all valid driver's licenses and all valid identification cards in the person's possession. All licenses and identification cards so surrendered shall be shredded; provided that with the exception of driver's licenses issued by any Canadian province, a foreign driver's license may be returned to the owner after being invalidated pursuant to issuance of a Hawaii license; provided further that the examiner of drivers shall notify the authority that issued the foreign license that the license has been invalidated and returned because the owner is now licensed in this State; and provided further that all commercial driver's licenses that are surrendered shall be shredded. No person shall be permitted to hold more than one valid driver's license at any time.

(d) Before issuing a driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation, and whether the applicant has a driver's license from more than one state or jurisdiction. The record check shall include but is not limited to the following:

(1) A check of the applicant's driving record as maintained by the applicant's state or jurisdiction of licensure;

(2) A check with the commercial driver license information system;

(3) A check with the National Driver Register; and

(4) If the driver is renewing a commercial driver's license for the first time after September 30, 2002, a request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years; provided that a notation is made on the driving record confirming the check has been made and the date it was done.

(e) Notwithstanding sections 291E-61.6 and [291E-44.5], in addition to other qualifications and conditions by or pursuant to this part, the right of an individual to hold a motor vehicle operator's license or permit issued by the county is subject to the requirements of section 576D-13.

Upon receipt of certification from the child support enforcement agency pursuant to section 576D-13 that an obligor or individual who owns or operates a motor vehicle is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, the examiner of drivers shall suspend the license and right to operate motor vehicles and confiscate the license of the obligor. The examiner of drivers shall not reinstate an obligor's or individual's license until the child support enforcement agency, the office of child support hearings, or the family court issues an authorization that states the obligor or individual is in compliance with an order of support or has complied with a subpoena or warrant relating to a paternity or child support hearing.

The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section. [L 1967, c 214, pt of §2; HRS §286-102; am L 1970, c 164, §1(1) and §3; am L 1971, c 127, §1; am L 1972, c 2, pt of §6; am L 1973, c 152, §1(b) and c 214, §1; am L 1974, c 80, §1; am L 1976, c 5, §1 and c 53, §1; am L 1979, c 85, §1; am L 1984, c 169, §1; gen ch 1985; am L 1989, c 320, §4; am L 1990, c 342, §18; am L 1991, c 67, §1; am L 1992, c 76, §1; am L 1997, c 54, §1 and c 293, §12; am L 1999, c 261, §2; am L 2002, c 37, §1; am L 2004, c 103, §2; am L 2005, c 72, §§2, 15; am L 2010, c 16, §1 and c 85, §2; am L 2012, c 10, §1, c 310, §7, and c 327, §5; am L 2013, c 114, §2; am L 2015, c 131, §3 and c 172, §3; am L 2018, c 191, §2; am L 2025, c 140, §2]
Haw. Rev. Stat. § 286-133 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-133
Unlawful to permit unauthorized person to drive.
Status: in_force

Except as provided in section 291E-67, no person shall authorize or knowingly permit a motor vehicle or moped owned by that person or under that person's control to be driven upon any highway by any person who is not authorized under law to drive the motor vehicle or moped.
Haw. Rev. Stat. § 291-5 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-5
§§291-5 to 291-7 REPEALED.
Status: repealed

§§291-5 to 291-7 REPEALED. L 2000, c 189, §§34 to 36.
Haw. Rev. Stat. § 286-241.4 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-241.4
Authority of examiner of drivers to suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade commercial driver's 
Status: in_force

(a) The examiner of drivers may suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade any commercial driver's license or commercial learner's permit without a hearing when the examiner of drivers has probable cause to believe that the licensee or permittee is disqualified under section 286‑240.

(b) The examiner of drivers shall deny or suspend any commercial driver's license or commercial learner's permit pursuant to the terms of section 576D-13 when the examiner of drivers receives certification from the child support enforcement agency that the licensee or permittee is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding. Both the licensee or permittee and the licensee's or permittee's employer shall be notified of the denial or suspension.

(c) Upon suspension, revocation, or cancellation of the commercial driver's license or commercial learner's permit, the driver's license or learner's permit shall be surrendered to the examiner of drivers by the licensee or permittee.

(d) Unless otherwise provided by law, the licensing authority shall reinstate, renew, or approve the license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court. [L 1990, c 342, pt of §3; am L 1995, c 114, §6; am L 1997, c 293, §13; am L 2009, c 46, §3; am L 2011, c 121, §6; am L 2013, c 114, §12]
Haw. Rev. Stat. § 291C-206 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-206
Modifying moped motor; violation.
Status: in_force

(a) A motor used to power a moped shall not be modified in any manner except as authorized by the motor manufacturer and any modification shall not increase the power capacity of the motor above two horsepower (one thousand four hundred ninety-two watts).

(b) No person shall rent or lease to another person any moped or motor scooter that has an aftermarket modification to the motor of the moped or motor scooter that does not comply with this subsection.

(c) Any person who violates this section shall be fined not more than $500. [L 1978, c 175, pt of §15; am L 1993, c 214, §18; am L 1998, c 25, §2; am L 2021, c 214, §9]
Haw. Rev. Stat. § 291C-15 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-15
Duty upon striking unattended vehicle or other property.
Status: in_force

The driver of any vehicle which collides with or is involved in a collision with any vehicle or other property that is unattended resulting in any damage to the other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver's name, address, and the registration number of the vehicle the driver is driving or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver's name, address, and the registration number of the vehicle the driver is driving and shall without unnecessary delay notify the nearest police officer. Every stop shall be made without obstructing traffic more than is necessary. For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund.
Haw. Rev. Stat. § 286-227 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-227
Penalty.
Status: in_force

(a) Any person who violates this part or any rule adopted pursuant to this part shall be subject to a civil penalty of not more than $10,000 for each violation. Each day the violation continues shall constitute a separate offense. An action to impose or collect the penalty provided in this section shall be considered a civil action.

(b) Any person who wilfully violates this part shall be subject to a criminal penalty of not more than $25,000 for each violation, imprisonment for a term not to exceed five years, or both. [L 1989, c 185, pt of §2]
Haw. Rev. Stat. § 291C-45 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-45
Limitations on overtaking on the left.
Status: in_force

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by this part and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.
Haw. Rev. Stat. § 286G-1 — HI Code / Division 1 / Title 17 / Chapter 286G / Section 286G-1
Definitions.
Status: in_force

As used in this chapter:

"Conviction" includes, in the case of a minor, not only a conviction of the offense but also an adjudication of delinquency by a family court, and any disposition of the case which involves an admission on the commission of the offense.

"Driver", "owner", "parking", "standing", "stopping", and "vehicle" have the meanings defined by section 291C-1. [L 1974, c 91, pt of §1]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 291E-22 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-22
Presence of drugs or metabolic products; admissibility.
Status: in_force

Any results reflecting the presence of drugs or metabolic products obtained from a blood or urine specimen obtained under this part shall not be admissible in any proceeding brought under chapter 329 or 712.
Haw. Rev. Stat. § 286-108 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-108
Examination of applicants.
Status: in_force

(a) Except as provided in section 286-107.5(a), 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 291C-121.5 and section 291C-137; and

(4) 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.

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).

(b) The examiner of drivers shall require proof from every applicant under the age of eighteen that the applicant has completed a driver education program and a behind-the-wheel driver training course certified by the director of transportation. The examiner of drivers shall not examine any applicant for a provisional license who is sixteen through seventeen years of age unless the applicant holds and has held a valid instruction permit under section 286-110, for a period of no fewer than one hundred eighty days. If the applicant's instruction permit has expired and a new instruction permit was issued within thirty days of its expiration, the examiner of drivers may examine the applicant without requiring an additional one hundred eighty day period.

(c) The examiner of drivers may waive the written or oral examination required under subsection (a)(2) and (3) 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).

(d) As part of the examination required by this section, the applicant for a driver's license shall produce and display a valid motor vehicle or liability insurance identification card for the motor vehicle required by sections 431:10C-107 and 431:10G-106, when the applicant demonstrates the ability to operate a motor vehicle to the satisfaction of the examiner of drivers. If no valid motor vehicle or liability insurance identification card is displayed, the examiner of drivers shall not issue a driver's license to the applicant. [L 1937, c 234, §11; RL 1945, §7312; RL 1955, §160-42; am L 1967, c 214, §9; HRS §286-108; am L 1975, c 194, §3; am L Sp 1977 1st, c 20, §12; am L 1978, c 91, §11; am L 1985, c 26, §1; am L 1986, c 224, §1; am L 1990, c 45, §10; am L 1991, c 60, §1; am L 1997, c 104, §1, c 251, §7, c 269, §1, and c 330, §5; am L 1999, c 175, §2; am L 2001, c 86, §5; am L 2002, c 4, §1; am L 2005, c 72, §§5, 15; am L 2008, c 170, §§3, 7; am L 2010, c 85, §2; am L 2013, c 74, §3; am L 2014, c 40, §1; am L 2015, c 131, §4; am L 2016, c 15, §2; am L 2021, c 126, §4]
Haw. Rev. Stat. § 291C-221.5 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-221.5
High occupancy vehicle lanes; emergencies.
Status: in_force

(a) Notwithstanding any law to the contrary, when a roadway includes one or more lanes for traffic moving in the same direction that include a high occupancy vehicle lane or zipper lane, and at least one lane other than a high occupancy vehicle lane or zipper lane is closed by law enforcement officers or emergency services personnel because of a traffic incident or accident, any motor vehicle, regardless of the number of persons carried, that can safely enter the high occupancy vehicle lane or zipper lane shall, subject to subsection (b), be allowed to use the high occupancy vehicle lane or zipper lane.

(b) For the purposes of subsection (a), the director of transportation shall have the authority to declare an emergency to open the use of high occupancy vehicle lanes and zipper lanes to all motor vehicles regardless of the number of persons carried.

(c) For the purposes of this section:

"Accident" means an unplanned event involving a motor vehicle, resulting in damage to one or more motor vehicles, property damage, or personal injury.

"Incident" includes any accident or issue that disrupts the flow of traffic. [L 2009, c 82, §2]
Haw. Rev. Stat. § 286-110 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-110
Instruction permits.
Status: in_force

(a) Any person aged fifteen years and six months or more who, except for the person's lack of instruction in operating a motor vehicle, would be qualified to obtain a driver's license issued under this part may apply for a temporary instruction permit or a limited purpose instruction permit at the office of the examiner of drivers in the county in which the applicant resides; provided that the applicant complies with section 286-102.5.

(b) No person shall be issued a motorcycle instruction permit unless the person successfully completes a basic motorcycle rider course approved by the department of transportation.

(c) The examiner of drivers shall examine every applicant for an instruction permit. The examination shall include tests of the applicant's:

(1) Eyesight and other physical or mental capabilities to determine if the applicant is capable of operating a motor vehicle;

(2) Understanding of highway signs regulating, warning, and directing traffic; and

(3) Knowledge of the traffic laws, ordinances, or regulations of the State and the county where the applicant resides or intends to operate a motor vehicle.

(d) If the examiner of drivers is satisfied that the applicant is qualified to receive an instruction permit, the examiner of drivers shall issue the permit entitling the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle upon the highways for a period of one year; provided that:

(1) An applicant who is registered in a driver training course shall be issued a temporary instruction permit for the duration of the course and the termination date of the course shall be entered on the permit; and

(2) If the applicant is a legal immigrant, the permit shall expire no later than the applicant's authorized period of stay in the United States.

A person who is not licensed to operate the category of motor vehicles to which the driving training course applies shall not operate a motor vehicle in connection with the driving training course without a valid temporary instruction permit unless it is a motorcycle that is being used for training purposes on an enclosed state certified training range as provided under administrative rules.

(e) Except when operating a motor scooter or motorcycle, the holder of an instruction permit shall be accompanied by a person who is twenty-one years of age or older and licensed to operate the category of motor vehicles in which the motor vehicle that is being operated belongs. The licensed person shall occupy a passenger seat beside the permit holder while the motor vehicle is being operated; provided that if the holder of the instruction permit is under the age of eighteen years and is driving between the hours of 11:00 p.m. and 5:00 a.m.:

(1) A licensed driver who is the permit holder's parent or guardian shall occupy a passenger seat beside the driver while the motor vehicle is operated, unless the permit holder is an emancipated minor;

(2) The licensed driver shall be licensed to operate the same category of motor vehicles as the motor vehicle being operated by the holder of the instruction permit; and

(3) All occupants of the motor vehicle shall be restrained by a seat belt assembly or a child passenger safety restraint system as required under sections 291-11.5 and 291-11.6, notwithstanding any other law to the contrary.

(f) No holder of a temporary instruction permit shall operate a motorcycle or a motor scooter during hours of darkness or carry any passengers.

(g) No holder of a category 1 or 2 temporary instruction permit shall have the permit renewed, nor shall the holder be issued another temporary instruction permit for the same purpose, unless the holder has taken the examination for a category 1 or 2 license at least once before the expiration of the temporary instruction permit. If the holder of a temporary instruction permit fails to meet the requirements of this section, the holder shall not be permitted to apply for another category 1 or 2 temporary instruction permit for a period of three months. Nothing in this subsection shall affect the right and privilege of any holder of a category 1 or 2 temporary instruction permit to obtain a temporary instruction permit or driver's license for the operation of any other type of motor vehicle.

(h) The examiner of drivers may accept an application for renewal of an instruction permit no more than thirty days before or ninety days after the expiration date of the instruction permit, whereupon the applicant for renewal of an instruction permit shall be exempt from subsection (c)(2) and (3). If an application for renewal of an instruction permit is not made within ninety days after the expiration date of the permit, the applicant shall be treated as applying for a new instruction permit and examined in accordance with subsection (c).

(i) Notwithstanding any other law to the contrary, the examiner of drivers may issue an instruction permit to an applicant with a disability who has completed a medical review with this State, and as a condition to licensure is required to pass a road test, but has failed the road test on the applicant's first attempt. The instruction permit issued under this subsection may be renewed no more than thirty days before or ninety days after the expiration date of the instruction permit upon receiving an updated medical report. Subsection (c)(2) and (3) shall not apply to the issuance or renewal of an instruction permit issued under this subsection.

For the purposes of this subsection, "applicant with a disability" means an applicant who the examiner of drivers has reasonable cause to believe may have a mental or physical infirmity or disability that would make it unsafe to operate a motor vehicle pursuant to section 286-119(a)(1) and has been medically evaluated by the medical advisory board established pursuant to section 286-4.1. [L 1967, c 214, pt of §2; HRS §286-110; am L 1970, c 164, §3; am L 1977, c 50, §2; gen ch 1985; am L 1996, c 100, §1; am L 1997, c 104, §2; am L 1999, c 175, §3; am L 2001, c 82, §1 and c 86, §6; am L 2002, c 25, §1; am L 2005, c 72, §§6, 15; am L 2006, c 61, §2; am L 2010, c 38, §3 and c 85, §2; am L 2015, c 172, §4; am L 2022, c 229, §7; am L 2025, c 66, §2]
Haw. Rev. Stat. § 286-106 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-106
Expiration of licenses.
Status: in_force

Every driver's license issued under this part, except for a provisional license issued under section 286-102.6 that shall expire on the date of the provisional licensee's nineteenth birthday, whether an original issuance or a renewal, shall expire on the first birthday of the licensee occurring no less than eight years after the date of the issuance of the license, unless sooner revoked or suspended; provided that:

(1) The license shall expire on the first birthday of the licensee occurring no less than four years after the date of the issuance if, at the time, the licensee is:

(A) Twenty-four years of age or younger; or

(B) Seventy-two years of age or older but younger than eighty years of age;

(2) The license shall expire on the first birthday of the licensee occurring no less than two years after the date of the issuance of the license if, at that time, the licensee is eighty years of age or older; and

(3) If the licensee is a legal immigrant, the license shall expire no later than the licensee's authorized period of stay in the United States.

The examiner of drivers may issue a license for a shorter period if the licensee has a physical condition or conditions that the examiner of drivers reasonably believes may impair the driver's ability to drive. [L 1967, c 214, pt of §2; HRS §286-106; am L 1970, c 164, §1(2) and §3; am L 1974, c 97, §1; gen ch 1985; am L 1989, c 296, §1; am L 1997, c 60, §1 and c 330, §3; am L 2005, c 72, §§4, 15; am L 2008, c 50, §§2, 4; am L 2010, c 38, §§2, 6 and c 85, §2; am L 2022, c 159, §1]
Haw. Rev. Stat. § 291C-111.5 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-111.5
[ §291C-111.
Status: in_force

[ §291C-111.5] State highway enforcement program; establishment; annual reports. (a) There is established the state highway enforcement program within the department of transportation for administrative purposes. The purpose of the state highway enforcement program is to enable the State and counties, in consultation with the director of transportation, to:

(1) Enforce violations for illegal parking under section 291C-111(c); and

(2) Provide for parking management-related improvements.

(b) Implementation of the state highway enforcement program shall include partnering with law enforcement, other state departments, other county agencies, and community groups to increase health and safety along state highways.

(c) The director of transportation shall submit an annual report to the legislature on the status and progress of the state highway enforcement program, including an update of all moneys deposited into and expended from the state highway fund, on behalf of the state highway enforcement program no later than twenty days prior to the convening of each regular session. [L 2019, c 250, §2]
Haw. Rev. Stat. § 286-225 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-225
Hazardous materials incident reporting.
Status: in_force

(a) Any employee of the motor carrier, the driver, handlers, and loaders, and any employees of state and county governments shall report hazardous materials incidents as follows:

(1) Upon becoming aware of or observing the potential or actual spill, leakage, or loss of control of a hazardous material, shall immediately, or as soon as possible, notify the nearest police or fire department and make a report of the situation. This incident reporting requirement does not relieve a carrier or shipper of the responsibility to notify the United States Department of Transportation, state department of health, or local emergency planning committee of certain hazardous materials incidents.

(2) Whenever an infectious substance shipment is lost, stolen, or suspected or known to be leaking from its containment packaging, shall immediately, or as soon as possible, notify the state department of health, and the Centers for Disease Control [and Prevention] in Atlanta, Georgia, and make a report of the situation.

(3) Spillage or loss of control of a regulated medical waste shipment in commerce shall be reported immediately, or as soon as possible to the state department of health.

(b) Whenever possible, the incident report should include:

(1) The name and telephone number of the person calling in the report;

(2) The name of the carrier;

(3) Type of vehicle involved;

(4) Injuries or fatalities connected with the incident, if any;

(5) The location and time of the incident;

(6) The duration of a chemical release into the environment, if known;

(7) A description of hazards involved to include the chemical name or identity of any substance released;

(8) Hazardous materials classification, markings, and information on labels and placards affixed on packages, containers or vehicles; and

(9) Emergency actions taken including evacuation to minimize hazardous effects to public health, safety, and property.

(c) A copy of any written notification required under Title 49, Code of Federal Regulations, Part 171 shall be provided to the state director of transportation. [L 1989, c 185, pt of §2; am L 1996, c 134, §6; am L 2000, c 86, §6]
Haw. Rev. Stat. § 291C-116 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-116
[ §291C-116] Street parking restrictions.
Status: in_force

[ §291C-116] Street parking restrictions. (a) No vehicle shall be parked abutting the curb or edge of a vehicle travel way within twenty feet of a crosswalk or intersection, regardless of the presence or absence of official signs or curb markings; provided that any vehicle may be parked within the designated buffer zone if the vehicle is:

(1) An authorized emergency vehicle performing the functions under section 291C-26;

(2) An official federal, state, or county vehicle in the performance of its duty;

(3) A stalled or broken vehicle;

(4) Assisting a stalled or broken vehicle;

(5) Yielding to an authorized emergency vehicle pursuant to section 291C-65; or

(6) Otherwise authorized by law.

(b) Any person who violates this section shall be subject to a fine of not more than $50 for each violation. Each day a violation occurs shall constitute a separate offense.

(c) All fines collected pursuant to this section shall be deposited into the safe routes to school program special fund established under section 291C-4. [L 2025, c 171, §2]
Haw. Rev. Stat. § 286-108.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-108.5
REPEALED.
Status: in_force

L 1989, c 320, §7; L 1990, c 342, §16.
Haw. Rev. Stat. § 286-202.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-202.5
Driver improvement program.
Status: in_force

(a) Every employer who employs a commercial motor vehicle driver who drives a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds shall provide for every such driver a driver improvement program. This program shall provide a system for continuous driver evaluation and annual driver safety courses approved by the director. For drivers with five years of continuous employment with one employer, this requirement shall be at least once every two years. Every job placement center through which a driver who drives a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds is employed on a casual or sporadic basis, and not as a regularly employed driver for any one employer, shall be responsible for providing the driver improvement program for all its drivers, who drive a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds. For purposes of this subsection only, "job placement center" means any place where persons may register for purposes of employment, and the dispatching of those persons to various jobs as they become available. Any employer or job placement center that violates this subsection shall be fined not more than $500.

(b) Every regularly or casually employed driver of a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds shall attend the driver improvement program provided by the driver's employer or job placement center. The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this subsection, including but not limited to rules governing attendance. Any driver who does not fulfill the appropriate driver improvement attendance requirement shall be fined not more than $100.

(c) The counties may furnish real property, facilities on that property, and other equipment in furtherance of this section. A county may allow the use of that property or other county property to a third party examiner who has entered into an agreement with the county on terms that it deems proper and reasonable. [L 1989, c 320, §1; am L 1990, c 342, §2; am L 1999, c 46, §2]
Haw. Rev. Stat. § 291E-64 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-64
Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one.
Status: in_force

(a) It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol. A law enforcement officer may arrest a person under this section when the officer has probable cause to believe the arrested person is under the age of twenty-one and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol.

(b) A person who violates this section shall be sentenced as follows:

(1) For a first violation or any violation not preceded within a five-year period by a prior alcohol enforcement contact:

(A) The court shall impose:

(i) A requirement that the person and, if the person is under the age of eighteen, the person's parent or guardian attend an alcohol abuse education and counseling program for not more than ten hours; and

(ii) A one hundred eighty-day prompt suspension of license and privilege to operate a vehicle with absolute prohibition from operating a vehicle during the suspension period, or in the case of a person eighteen years of age or older, the court may impose, in lieu of the one hundred eighty-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the one hundred eighty-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in alcohol abuse education and treatment programs; and

(B) In addition, the court may impose any one or more of the following:

(i) Not more than thirty-six hours of community service work; or

(ii) A fine of not less than $150 but not more than $500;

(2) For a violation that occurs within five years of a prior alcohol enforcement contact:

(A) The court shall impose prompt suspension of license and privilege to operate a vehicle for a period of one year with absolute prohibition from operating a vehicle during the suspension period; and

(B) In addition, the court may impose any of the following:

(i) Not more than fifty hours of community service work; or

(ii) A fine of not less than $300 but not more than $1,000; and

(3) For a violation that occurs within five years of two prior alcohol enforcement contacts:

(A) The court shall impose revocation of license and privilege to operate a vehicle for a period of two years; and

(B) In addition, the court may impose any of the following:

(i) Not more than one hundred hours of community service work; or

(ii) A fine of not less than $300 but not more than $1,000.

(c) Notwithstanding any other law to the contrary, any conviction or plea under this section shall be considered a prior alcohol enforcement contact.

(d) Whenever a court sentences a person pursuant to subsection (b)(2) or (3), it also shall require that the person be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the person's alcohol 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 person to obtain appropriate treatment if the counselor's assessment establishes the person's alcohol abuse or dependence. All costs for assessment and treatment shall be borne by the person or by the person's parent or guardian, if the person is under the age of eighteen.

(e) Notwithstanding section 831-3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1) or section 291-4.3, as it existed before Act 189, Session Laws of Hawaii 2000, who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one, or thereafter, if the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent alcohol or drug related enforcement contacts; provided that this subsection shall not apply to persons in possession of a commercial learner's permit or commercial driver's license or convicted in a commercial motor vehicle or while transporting hazardous materials .

(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 an application for a new driver's license for a period to be determined by the court.

(g) Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood 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 test.

(h) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under subsection (b)(1).

(i) Any person who violates this section shall be guilty of a violation.

(j) As used in this section, the terms "driver's license" and "examiner of drivers" have the same meanings as provided in section 286-2. [L 2000, c 189, pt of §23; am L 2001, c 157, §28; am L 2006, c 201, §8; am L 2007, c 198, §5; am L 2024, c 168, §2]
Haw. Rev. Stat. § 286-122 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-122
Suspension of a license; surrender.
Status: in_force

(a) Every person whose license or driving privilege has been suspended pursuant to this part or any traffic law or regulation of the State or any county, shall surrender the person's license to the examiner of drivers or the court, as is appropriate, which agency shall take custody of the license during the period of suspension.

(b) The examiner of drivers may suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of that person in another state, or within this State or another state by the federal government, of an offense therein which, if committed within the jurisdiction of this State, would be grounds for the suspension or revocation of the driver's license or privilege.

The examiner of drivers may give the same effect to conduct of a resident in another state as is provided by the laws of this State had such conduct occurred in this State.

Any person whose license or driving privilege has been so suspended or revoked shall immediately return the person's license or permit to the examiner of drivers.

(c) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this State has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this State under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter. [L 1967, c 214, pt of §2; HRS §286-122; am L 1970, c 164, §3; am L 1971, c 127, pt of §3; am L 1983, c 47, §1; gen ch 1985]
Haw. Rev. Stat. § 291-4.6 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-4.6
Driving after license suspended or denied for noncompliance with an order of support; penalties.
Status: in_force

(a) No person whose driver's license has been suspended, denied, or otherwise restricted pursuant to section 576D-13 shall operate a motor vehicle upon the public streets, roads, or highways of this State while the person's license remains suspended or denied.

(b) Any person convicted of violating this section shall be sentenced as follows:

(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section:

(A) A term of imprisonment at least three consecutive days but not more than thirty days;

(B) A fine not less than $250 but not more than $1,000; and

(C) License suspension or denial shall continue until written authorization of compliance is issued by the child support enforcement agency, the office of child support hearings, or the family court; and

(2) For an offense which occurs within five years of a prior conviction under this section:

(A) Thirty days' imprisonment;

(B) A fine of $1,000; and

(C) License suspension or denial shall continue until written authorization of compliance pursuant to section 576D-13 [is] issued by the child support enforcement agency, the office of child support hearings, or the family court. [L 1997, c 293, §1]
Haw. Rev. Stat. § 291-2 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-2
[OLD] REPEALED.
Status: in_force

L 1971, c 150, §3.

§291-2 Reckless driving of vehicle or riding of animals; penalty. Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both. [PC 1869, c 26, §1; am L 1907, c 68, §1; RL 1925, §4388; RL 1935, §6280; am L 1941, c 116, §1; RL 1945, §11701; RL 1955, §311-1; HRS §291-1; am L 1976, c 149, §1; am L 1977, c 162, §1; ren L 1986, c 171, §1; am L 1998, c 287, §2]
Haw. Rev. Stat. § 291C-136 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-136
Towing by consent; payment.
Status: in_force

Notwithstanding any other law to the contrary, towing companies engaged by the registered owner of a vehicle for towing services, including storage if any, shall release the towed vehicle to the registered owner, legal owner, insurer, or a designated representative upon payment of fees for towing services and storage of the vehicle; provided that payment may be made in cash or by debit card, credit card, insurance company check, commercial check, or automated teller machine located on the premises.
Haw. Rev. Stat. § 286-138 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-138
Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court.
Status: in_force

(a) It shall be unlawful for any person, including any government official or employee of the State or county, to "fix", "void", change, modify, adjust, tamper with, or otherwise dispose of any traffic citation, notice, or summons. Nothing in this subsection shall be construed to affect the powers of the judges of the several courts in the exercise of their judicial functions. Any person who intentionally or knowingly violates this subsection shall be guilty of a class C felony; except that the person shall be fined not less than $1,000 and not more than $10,000. Any government official or employee of this State or any county who violates this subsection shall be summarily discharged from the official's or employee's office or employment.

(b) No nolle prosequi shall be entered in any case involving a violation of the traffic laws or ordinances of the State or of the several counties and no case or any charge arising therefrom shall be stricken, amended, or reduced, except by consent of the court upon motion of the prosecuting attorney stating the reasons therefor. The court may deny the motion if it deems the reasons insufficient. [L 1961, c 113, pt of §1; Supp, §160-72; HRS §286-138; am L 1970, c 188, §39; gen ch 1985; am L 1993, c 214, §8; am L 1997, c 153, §3]
Haw. Rev. Stat. § 291C-200 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-200
Use of lamps on mopeds.
Status: in_force

Every moped moving upon a highway from thirty minutes after sunset until thirty minutes before sunrise and at any other time when there is insufficient ambient light to render clearly discernible persons and vehicles on the highway at a distance of two hundred feet (60.9 meters) ahead shall display a lighted head lamp and tail lamp; provided that every moped upon a highway within a tunnel shall at all times display a lighted head lamp and tail lamp.
Haw. Rev. Stat. § 291-9 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-9
Freight; on running board.
Status: in_force

No person shall carry on the running board of any motor car or truck used for the transportation of passengers any baggage, freight, or packages which project in any way beyond the running board, or which will cause the doors of the motor car or truck to be blocked so that the passengers therein have not free access to the same.
Haw. Rev. Stat. § 291-10 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-10
Penalty.
Status: in_force

Any person violating any of the provisions of sections 291-8 and 291-9 shall be fined not less than $5 nor more than $150.
Haw. Rev. Stat. § 291E-7 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-7
Trauma system surcharge.
Status: in_force

(a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that:

(1) The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of the offense;

(2) The maximum of which may be $25 if the violation is an offense under section 291E-61(a)(1), 291E-61(a)(3), or 291E-61(a)(4);

(3) The maximum of which may be $50 if the violation is an offense under section 291E-61(a)(2) or 291E-61.5 or if the offense under section 291E-61(a)(3) or 291E-61(a)(4) is a second or subsequent offense that occurred within five years of the first offense.

(b) The surcharge shall not be ordered when the court determines that the defendant is unable to pay the surcharge.

(c) The person shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the trauma system special fund pursuant to section 321-22.5. [L 2008, c 231, §3; am L 2010, c 166, §9]
Haw. Rev. Stat. § 291C-52 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-52
Restricted access.
Status: in_force

No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances and exits as are established by public authority.
Haw. Rev. Stat. § 291C-104 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-104
Speeding in a school zone or construction area.
Status: in_force

(a) No person shall drive a motor vehicle at a speed greater than the maximum speed limit established pursuant to subsection (b) within a school zone or a construction area; provided that if the person drives a motor vehicle at a speed greater than thirty miles an hour or more over the maximum speed limit established in subsection (b), or over eighty miles per hour or more in a school zone or a construction zone, the provisions of section 291C-105 shall control. Appropriate law enforcement personnel may enforce the maximum speed limits established for school zones and construction areas.

(b) Section 291C-102 notwithstanding, the director of transportation and the counties, in their respective jurisdictions, shall establish maximum speed limits for school zones and construction areas and shall require the owner, general contractor, or other person responsible for construction to provide proper signs in construction areas. The director of transportation shall place official signs in school zones.

Signs posted pursuant to this subsection shall be plainly visible at all times under ordinary traffic conditions.

(c) Any person who violates this section shall be fined $250, may be charged with a surcharge of up to $100 to be deposited into the trauma system special fund, and, where the violation involves speeding in a school zone, shall be charged with a surcharge of $25 to be deposited into the safe routes to school program special fund.

(d) For purposes of this section:

"Construction area" includes any area in which there is occurring the installation, construction, or demolition of connections for streets, roads, driveways, concrete curbs and sidewalks, structures, drainage systems, landscaping, or grading within the highway rights-of-way, including aboveground and underground utility work, excavation and backfilling of trenches or other openings in state highways, the restoration, replacement, or repair of the base course, pavement surfaces, highway structures, or any other highway improvements.

"School zone" means every street and all public property in the vicinity of a school as designated by the department of transportation and the counties, in their respective jurisdictions.

(e) The director shall adopt rules pursuant to chapter 91 as may be necessary to implement this section. [L 2000, c 293, §1; am L 2001, c 138, §1; am L 2006, c 129, §4; am L 2008, c 231, §15; am L 2012, c 317, §3]
Haw. Rev. Stat. § 291C-85 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-85
Signals by hand and arm or signal lamps.
Status: in_force

(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b).

(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. [L 1971, c 150, pt of §1]
Haw. Rev. Stat. § 289-6 — HI Code / Division 1 / Title 17 / Chapter 289 / Section 289-6
Records to be kept.
Status: in_force

Every licensee shall keep a record, and maintain it for three years, in the form the director of finance prescribes, of the purchases, consignments, sales, and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any person for each wrecked, salvaged, or rebuilt motor vehicle, used motor vehicle part or accessory purchased, sold, consigned to be sold, or exchanged, and the records shall be at all times open to the inspection of the director of finance, or the director of finance's authorized representative, or any police officer. The records shall contain:

(1) The name, address, and driver's license number of all persons from whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is purchased or received, the date of their receipt or acquisition, and the consideration given;

(2) The name and address of any person to whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is sold, consigned to be sold, or otherwise exchanged, the consideration received therefor, and its date of disposition;

(3) The name and address of any person who has received any money, commissions, or anything of value, or to whom the same is due and owing, in connection with the sale or purchase of any such motor vehicle, or used motor vehicle part or accessory; and

(4) A description of every such motor vehicle, used motor vehicle part, or accessory, including the identifying number or numbers for each such motor vehicle or used motor vehicle part or accessory. [L 1967, c 277, §7; HRS §289-6; gen ch 1985]
Haw. Rev. Stat. § 291E-12 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-12
Persons qualified to take blood specimen.
Status: in_force

No person, other than a physician, physician assistant, registered nurse, or phlebotomist deemed qualified by the director of a clinical laboratory that is licensed by the State, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcohol concentration or drug content therein. This limitation shall not apply to the taking of a breath or urine specimen.
Haw. Rev. Stat. § 291-21.5 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-21.5
Regulation of motor vehicle sun screening devices; penalty.
Status: in_force

(a) No person shall operate, permit the operation of, cause to be operated, or park any motor vehicle on a public highway if the glazing material of the motor vehicle:

(1) Does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of its manufacture; or

(2) Is used in conjunction with sun screening devices not exempted from this section by subsection (e).

(b) No person shall install, mount, adhere, affix, or use any sun screening device or combination of devices in conjunction with the glazing material of a motor vehicle:

(1) That does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of the glazing material's manufacture except as provided in this section; and

(2) With mirrored or high reflective finishes that produce a red, yellow, amber, or blue appearances as viewed from the exterior of the motor vehicle.

Any person who violates this section shall be liable for the removal of any sun screening device applied contrary to this section.

(c) A safety inspection required under section 286-26 shall include a test to ensure that the glazing material and any sun screening devices meet the requirements specified in this section.

(d) Notwithstanding subsection (e), all drivers and passengers of motor vehicles with applied tint shall fully roll down their windows when stopped by a law enforcement officer at a traffic stop. This subsection shall not apply to individuals unable to do so due to physical disability or mechanical failure; provided that the driver communicates or cooperates through other means reasonably available. A driver's or passenger's failure to comply with this subsection may be cited as a noncriminal traffic infraction.

(e) This section shall not apply to:

(1) Rearview mirrors;

(2) Adjustable nontransparent sun visors that are mounted forward of the side windows and are not attached to the glazing material;

(3) Signs, stickers, or other materials that are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other materials that are displayed in a five-inch square in the lower corner of the windshield nearest the driver;

(4) Rear trunk lid handle or hinges;

(5) Window wipers and window wiper motors;

(6) Transparent sun screening film materials that are installed, affixed, or applied along the top edge of the windshield so long as the materials do not encroach upon the AS-1 portion of the windshield as provided by Federal Motor Vehicle Safety Standard 205 or no lower than four inches below the top of the windshield, when measured from the middle point of the bottom edge of the top windshield moulding if no AS-1 markings can be found in the left or right upper margin of the windshield;

(7) Sun screening devices for front side wing vents and windows that, when used in conjunction with the glazing material, have a light transmittance of no less than thirty-five per cent plus or minus six per cent;

(8) Sun screening devices for front side windows and wing windows necessary for driving visibility that are adjacent to the driver and necessary for driving that, when used in conjunction with the glazing material, have a light transmittance of no less than thirty-five per cent plus or minus six per cent;

(9) Rear windows, including the rear windshield on sedans, vans, minivans, trucks, buses, or other motor vehicles; and side windows to the rear of the driver on sedans, vans, minivans, trucks, or buses; provided that the vehicles are equipped with rearview mirrors on both sides;

(10) Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes; or

(11) Transparent sun screening materials, when applied to the AS-1 portion of the windshield, that meet the requirements of Federal Motor Vehicle Safety Standard 205.

(f) Any person who violates this section shall be fined:

(1) No less than $300 and no more than $550 for each separate offense if the person is the owner of the motor vehicle that is in violation; and

(2) No less than $700 and no more than $1,200 for each separate offense if the person or business entity is the installer of any sun screening device that does not meet the requirements of this section. The installer shall also reinstall sun protective devices that comply with this section, free of charge, or reimburse the motor vehicle owner for the cost of installing sun protective devices by another installer that comply with this section.

The receipt from the installer in the possession of the person in the motor vehicle at the time of the issuance of the citation shall be prima facie evidence of the identity of the installer. The installer shall issue a certificate to the vehicle owner at the time the sunscreen device is installed certifying that the device complies with law. Failure of an installer to issue the required certificate shall be considered a violation of this section. The certificate shall be stored in the motor vehicle at all times. The absence of the certificate in the vehicle at the time of citation shall constitute prima facie evidence of installer noncompliance.

(g) The department of transportation may adopt rules pursuant to chapter 91 to establish standard criteria or visual references for the enforcement of tint color and reflectivity prohibitions. [L 1983, c 294, pt of §2; am L 1986, c 188, §2; am L 1989, c 54, §1; am L 2004, c 227, §1; am L 2010, c 103, §1; am L 2025, c 129, §2]
Haw. Rev. Stat. § 291C-205 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-205
Unlawful to possess certain mopeds and moped parts.
Status: in_force

It shall be unlawful for any person to possess a moped, a moped motor, or any moped part knowing that the serial or identification number placed thereon by the manufacturer has been changed, altered, erased or mutilated.

This section shall not prohibit the possession of a moped, a moped motor, or any moped part whose original mark or number has been restored when the restoration is authorized in writing by the director of finance, nor prohibit any manufacturer from placing in the ordinary course of business numbers or marks upon new mopeds or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than $500. [L 1978, c 175, pt of §15; am L 1996, c 12, §2]
Haw. Rev. Stat. § 287-22.1 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-22.1
Certificate of insurance as proof; mandatory, when.
Status: in_force

Any person required to show proof of financial responsibility pursuant to section 287-20(a)(3) shall show proof by filing a certificate of insurance pursuant to section 287-22, or, if the person is a nonresident, section 287-23.
Haw. Rev. Stat. § 286-111 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-111
Application for license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or l
Status: in_force

(a) Every application for an instruction permit, provisional license, driver's license, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer the oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county, and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license. All of the foregoing fees shall become county realizations.

(b) The director shall establish by rule a standard fee for all driver's license applicants who require verification through the federal system that their presence in the United States is authorized by federal law. The fees collected shall become state realizations and be deposited into the state highway fund. The State shall reimburse the counties all costs of verification through the federal system. The amount of reimbursement shall be determined by the director of transportation.

(c) The director of transportation shall establish a fee schedule for all commercial driver's licensing examinations. The fees collected for a commercial driver's license shall become state realizations and shall be deposited in the state highway fund. The State shall reimburse the counties all costs for administering the commercial driver's licensing program. The amount of reimbursement shall be determined by the director of transportation.

(d) Every application shall state the full name, date of birth, gender designation, occupation, veteran status if applicable (including veterans of the Korean conflict and persons who served in the armed forces of the Republic of Korea, who fought under the command of the United Nations led by the United States, during the Korean conflict and are currently United States citizens) and desired by the applicant, social security number if the applicant is eligible for a social security number, the residence address, and business address, if any, of the applicant, shall briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and in what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, or refusal.

The examiner of drivers shall not require documentation for an applicant's selection of gender designation or an applicant's request for an amendment to a gender designation other than the applicant's self-certification of their chosen gender designation; provided that the examiner of drivers shall not be prohibited from requiring documentation that may incidentally show an applicant's birth sex category if the documentation is necessary to establish that the applicant is legally entitled to a license.

For purposes of this subsection, "gender designation" shall have the same meaning as in section 286-109(a).

(e) Except as provided in section 286-104.5, if the applicant is not eligible to receive a social security number, the applicant shall submit, in lieu of providing proof of social security number pursuant to subsection (d):

(1) A United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number; and

(2) Either:

(A) A government-issued photo identification document; or

(B) Other identification documents as deemed acceptable by the director.

(f) An application for a driver's license shall include the voter registration application required under section 11-15.7. [L 1937, c 234, §7; am L Sp 1941, c 6, §1; RL 1945, §7308; RL 1955, §160-38; HRS §286-111; am L 1968, c 48, §5; am L 1970, c 164, §3; gen ch 1985; am L 1990, c 342, §20; am L 1999, c 269, §2; am L 2003, c 145, §1; am L 2005, c 72, §§7, 15; am L 2010, c 38, §4 and c 85, §2; am L 2014, c 6, §2; am L 2015, c 172, §5; am L 2016, c 24, §3; am L 2019, c 148, §3; am L 2021, c 126, §5]
Haw. Rev. Stat. § 290-3 — HI Code / Division 1 / Title 17 / Chapter 290 / Section 290-3
Public auction.
Status: in_force

If the vehicle is not repossessed within the time limits provided in section 290-2, the vehicle may be disposed of by public auction, through oral tenders, or by sealed bids, after public advertisement has been made once in a newspaper of general circulation; provided that the public auction shall not be held less than five days after the publication has been made. Where no bid is received, the vehicle may be either sold by negotiation, disposed of or sold as junk, or donated to any governmental agency.
Haw. Rev. Stat. § 291C-51 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-51
Driving on divided highways.
Status: in_force

Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a cross-over or intersection as established, unless specifically prohibited by public authority.
Haw. Rev. Stat. § 291-3.4 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-3.4
Exceptions; consumption or possession of intoxicating liquor while a passenger in a motor vehicle, storage of opened container containing intoxicating
Status: in_force

Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor.
Haw. Rev. Stat. § 291E-42 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-42
Notice to other states.
Status: in_force

When a nonresident's driving and boating privileges, and motor vehicle registration if applicable, are administratively revoked under this part, the director shall:

(1) Notify, in writing, the officials in charge of traffic control, boating control, or public safety in the nonresident's home state, and in any other state in which the nonresident has driving and boating privileges, licenses, or any motor vehicles registered if applicable, of the action taken in this State; and

(2) Return to the appropriate issuing authority in the other states any license, and any motor vehicle registration and number plates if applicable, seized under section 291E‑33. [L 2000, c 189, pt of §23; am L 2001, c 157, §22]
Haw. Rev. Stat. § 291E-19 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-19
Authorization to establish intoxicant control roadblock programs.
Status: in_force

The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The chief of police in any county establishing an intoxicant control roadblock program pursuant to this section shall specify the procedures to be followed in carrying out the program in rules adopted under chapter 91; provided that the procedures shall be in conformity with and not more intrusive than the standards and guidelines described in section 291E-20. In the case of internal police standards that do not fall within the definition of "rule" under section 91-1, failure to comply scrupulously with the internal police procedures shall not invalidate a roadblock that otherwise meets the minimum statutory criteria provided in section 291E-20.
Haw. Rev. Stat. § 291C-150 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-150
Bicycle helmets.
Status: in_force

(a) No person under sixteen years of age shall operate a bicycle upon a street, bikeway, or any other public property unless that person is wearing a properly fitted and fastened bicycle helmet that has been tested by a nationally recognized agency such as the National Highway Traffic Safety Administration, the National Safety Council, or the Children's Safety Network, and is designed to fit the user and protect against head trauma. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle.

(b) A person who provides bicycles for hire shall not rent a bicycle to any person unless every person who is under age sixteen is wearing a bicycle helmet, as required in subsection (a), while operating the rented bicycle, occupying a restraining seat that is attached to the rented bicycle, or riding in a trailer towed by the rented bicycle.

(c) A violation of this section is punishable by a fine of not more than $25. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the amount of the fine imposed pursuant to this section.

(d) Notwithstanding any law to the contrary, the fines collected for a violation of this section shall be paid into the state treasury to the credit of the state general fund. [L 2000, c 255, §1]
Haw. Rev. Stat. § 291E-32 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-32
Criminal prosecution.
Status: in_force

(a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during the administrative proceeding shall not be admissible against the respondent in any proceeding under section 291E-61 or 291E-61.5 arising out of the same occurrence.

(b) When a person's license and privilege to operate a vehicle is revoked under this part and the person also is convicted of an offense under section 291E-61 or 291E-61.5 arising out of the same occurrence, the total period of revocation imposed in the two proceedings shall not exceed the longer period of revocation imposed in either proceeding. If the person is convicted under section 291E-61 or 291E-61.5 prior to completion of administrative proceedings, the person shall surrender the temporary permit issued under this part at the time of entry of a plea of guilty or no contest, entry of a verdict of guilty, or of sentencing, whichever occurs first. [L 2000, c 189, pt of §23; am L 2004, c 90, §7]
Haw. Rev. Stat. § 286-82 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-82
Penalty.
Status: in_force

Whoever violates this part shall be fined not more than $1,000.
Haw. Rev. Stat. § 286-109.7 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-109.7
Organ and tissue education fee.
Status: in_force

Notwithstanding any other law to the contrary, beginning July 1, 2000, a donation of $1, in addition to any other fees under this chapter, may be collected upon designation by an individual or entity from each certificate of registration by the director of finance of each county to be deposited on a quarterly basis into the organ and tissue education special fund pursuant to section 327-24. The counties may retain a portion of the $1 donation as an administrative fee to cover the cost of collecting, accounting for, and depositing the balance into the organ and tissue education special fund. The retention shall not exceed $0.20 for each $1 collected.
Haw. Rev. Stat. § 287-34 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-34
Chapter not to affect other policies.
Status: in_force

(a) This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.

(b) This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured. [L 1949, c 393, pt of §1; RL 1955, §160-112; HRS §287-34; gen ch 1985]
Haw. Rev. Stat. § 287-40 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-40
Duration of proof; when proof may be canceled or returned.
Status: in_force

(a) Upon request, the administrator shall consent to the immediate cancellation of any bond or certificate of insurance, return to the person entitled thereto any money or bonds deposited pursuant to this chapter as proof of financial responsibility, or waive the requirement of filing proof, in any of the following events:

(1) At any time after three years from the date the proof was required when, during the three-year period preceding the request, the administrator has not received record of a conviction that would require or permit the suspension or revocation of the license or nonresident's operating privilege of the person by or for whom the proof was furnished;

(2) In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; and

(3) If the person who has given proof surrenders the person's license to the administrator.

(b) Notwithstanding subsection (a), the administrator shall not consent to the cancellation of any bond or the return of any money or bonds if any action for damages upon a liability covered by the proof is then pending or any judgment upon any such liability is then unsatisfied, or if within one year immediately preceding the request the person who has filed the bond or deposited the money or bonds has been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that the applicant has been released from all of the applicant's liability, or has been finally adjudicated not to be liable, for the injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the administrator.

(c) Whenever any person whose proof has been canceled or returned under subsection (a)(3) applies for a license or registration within a period of three years from the date proof was originally required, the application shall be refused unless the applicant reestablishes the proof for the remainder of the three-year period. [L 1949, c 393, pt of §1; RL 1955, §160-118; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §287-40; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; gen ch 1985; am L 1992, c 120, §3; am L 1993, c 6, §11; am L 2020, c 70, §37]
Haw. Rev. Stat. § 286-46 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-46
Tax lien and encumbrance record.
Status: in_force

(a) The director of finance shall keep a book or record to be known as the "tax lien and encumbrance record" in which the following information shall be entered:

(1) Notices of liens for internal revenue taxes payable to the United States and certificates of release thereof;

(2) Notices of liens, taxes, or judgments payable to the State or county and certificates of release thereof;

(3) Notices of seizure in accordance with law of any registered motor vehicle upon any writ of attachment, execution, or other process issued under authority of law;

(4) Notices of restraining order or other order affecting the registration of any registered motor vehicle;

(5) Notice of any proceeding or action affecting the title of a registered motor vehicle or the interest of the owner or legal owner thereof; and

(6) Notice of release of any of the foregoing.

(b) With the exception of delinquent taxes and penalties imposed by section 249-10, the record shall show the year, month, day, hour, and minute at which the notice has been filed with the director of finance, shall show the nature and kind of lien or encumbrance claimed, the amount of tax or other claim, with interest, penalties, and costs, and shall identify the registered motor vehicles affected by the lien or encumbrance, and shall contain such further information as the director of finance may require. The record shall be a public record and may be arranged in such manner as the director of finance determines.

The interest of the owner or the legal owner in the motor vehicle shall not be deemed to be affected until the notice referred to in subsection (a)(1) to (5) has been filed with the director of finance in such form as the director of finance shall prescribe for entry in the tax lien and encumbrance record; provided the director of finance may require the payment of delinquent taxes and penalties as a condition precedent to the vehicle's renewal, registration, or transfer of ownership; provided further that a taxpayer may enter into a payment plan with the director of taxation in lieu of paying a tax delinquency in full, in which case an entry in the tax lien and encumbrance record shall be avoided. The director of finance shall charge a fee of $5 for each entry made in the tax lien and encumbrance record, which shall be deposited in the general fund; provided that state and county agencies shall not be charged a fee for any entry made in the tax lien and encumbrance record if the state or county agency provides to the director of finance the license plate number or vehicle identification number of the vehicle to be flagged.

Nothing in this section shall be deemed to alter or amend any statute relating to tax liens or the enforcement thereof. [L 1949, c 164, §1; RL 1955, §160-6; HRS §286-46; am L 1969, c 98, §1; am L 1993, c 151, §2; am L 1995, c 164, §3; am L 2012, c 67, §2]
Haw. Rev. Stat. § 287-32 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-32
Combining policies and issuing binders to meet requirements.
Status: in_force

The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.

Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy. [L 1949, c 393, pt of §1; RL 1955, §160-110; HRS §287-32]
Haw. Rev. Stat. § 287-14 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-14
Matters not to be evidence in civil court.
Status: in_force

Neither the report required by section 287-4, the action taken by the administrator pursuant to this chapter, the findings of the administrator upon which the action is based, nor the security filed as provided in this chapter shall be referred to in any way or be any evidence of the negligence or due care of either party at the trial of any action to recover damages.
Haw. Rev. Stat. § 287-47 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-47
Other relief available.
Status: in_force

Nothing in this chapter shall be construed as preventing the plaintiff in any action from obtaining relief upon process provided by any provision of law.
Haw. Rev. Stat. § 286-85 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-85
Reconstructed vehicles, approval required.
Status: in_force

(a) No person shall operate a reconstructed vehicle upon a public highway unless it has been inspected and certified by the designated county agency as meeting the specifications and requirements established in rules and regulations adopted by the state director of transportation.

(b) This section shall not apply to any vehicle which is subject to the rules and regulations of the public utilities commission governing safety of operation and equipment.

(c) Each county through its chief executive officer, shall designate a county department, whose responsibilities shall include the inspection of reconstructed vehicles and the issuance of permits to operate reconstructed vehicles pursuant to standards established by the state director of transportation.

(d) The state director of transportation shall adopt rules pursuant to chapter 91, establishing the fees an inspector may charge for the inspection of a reconstructed vehicle.

(e) The department designated pursuant to subsection (c) shall identify to the county director of finance every vehicle that has been inspected and approved as a reconstructed vehicle.

(f) This section shall not apply to any privately owned reconstructed vehicle in a county with a population of less than 500,000.

(g) This section shall be inoperative from January 1, 2022, to July 31, 2025. [L 1977, c 77, §2; am L Sp 1977 1st, c 20, §12; am L 1986, c 122, §1; am L 2021, c 129, §3]
Haw. Rev. Stat. § 286-240 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-240
Disqualification, cancellation, and downgrade.
Status: in_force

(a) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than one year if convicted of a first violation of:

(1) Driving a motor vehicle under the influence of alcohol, a controlled substance, or any drug that impairs driving ability;

(2) Driving a commercial motor vehicle while the alcohol concentration of the driver's blood is 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood;

(3) Refusing to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle as required under sections 286-243 and 291E-11;

(4) Using a motor vehicle in the commission of any felony;

(5) Leaving the scene of an accident involving the motor vehicle driven by the person;

(6) Unlawful transportation, possession, or use of a controlled substance while on duty;

(7) Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license or commercial learner's permit is revoked, suspended, or canceled, or the driver is otherwise disqualified from operating a commercial motor vehicle; or

(8) Causing a fatality through the operation of a commercial motor vehicle, including through the commission of the crimes of manslaughter and negligent homicide in any degree.

(b) The examiner of drivers shall disqualify any person for a period of no less than three years for any conviction of a violation of any offense listed in subsection (a) that is committed while a hazardous material required to be placarded under title 49 Code of Federal Regulations, part 172, subpart F, is being transported.

(c) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for life if the person is convicted two or more times for any of the offenses listed in subsection (a).

(d) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any felony involving the manufacturing, distributing, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

(e) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than sixty days if the person is convicted of two serious traffic violations, or one hundred twenty days if the person is convicted of three serious traffic violations; provided that the violations are committed in a commercial motor vehicle and arise from separate incidents occurring within a three-year period. The one hundred twenty-day disqualification period required for a third conviction within three years of a serious traffic violation, as defined in section 286-231, shall be in addition to any other previously imposed period of disqualification. The disqualification periods specified in this subsection shall also apply to offenses committed while operating a noncommercial motor vehicle only if the conviction for the offense results in the revocation, cancellation, or suspension of the driver's license.

(f) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle or from resubmitting an application for a period of no less than sixty days if the examiner of drivers finds that a commercial driver's license or commercial learner's permit holder or applicant for a commercial driver's license or commercial learner's permit has falsified information or failed to report or disclose required information either before or after issuance of a commercial driver's license or commercial learner's permit.

(g) If the examiner of drivers receives credible information that a commercial driver ' s license or commercial learner ' s permit holder is suspected, but has not been convicted, of fraud related to the issuance of the commercial driver ' s license or commercial learner ' s permit, the examiner of drivers shall require the driver to re-take the skills or knowledge tests or both. Within thirty days of receiving notification from the examiner of drivers that re-testing is necessary, the affected commercial driver ' s license or commercial learner ' s permit holder shall make an appointment or otherwise schedule to take the next available test:

(1) If the commercial driver ' s license or commercial learner ' s permit holder fails to make an appointment within thirty days, the examiner of drivers shall disqualify the commercial driver ' s license or commercial learner ' s permit indefinitely until the applicant reapplies; or

(2) If the driver fails either the knowledge or skills test or does not take the test, the examiner of drivers shall disqualify the commercial driver ' s license or commercial learner ' s permit indefinitely until the applicant reapplies. Once a commercial driver ' s license or commercial learner ' s permit holder ' s commercial driver ' s license or commercial learner ' s permit has been disqualified, the driver or learner shall reapply for a commercial driver ' s license or commercial learner ' s permit under state procedures applicable to all commercial driver ' s license or commercial learner ' s permit applicants.

(h) The examiner of drivers shall invalidate the commercial driver ' s license or commercial [learner ' s] permit of a person who has been convicted of fraud relating to the issuance of that commercial driver ' s license or commercial learner ' s permit, as well as the application of a person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial driver ' s license or commercial learner ' s permit for a period of no less than one year.

(i) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than one hundred eighty days and no more than one year for a first violation, for at least two years and no more than five years for a second violation, and at least three years and no more than five years for a third or subsequent violation of a driver or vehicle out-of-service order committed in a commercial motor vehicle transporting non-hazardous materials arising from separate incidents occurring within a ten-year period.

(j) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than one hundred eighty days and no more than two years for a first violation and for at least three years and no more than five years for any subsequent violation of a driver or vehicle out-of-service order committed in a commercial motor vehicle transporting hazardous materials required to be placarded under title 49 Code of Federal Regulations, part 172, subpart F, or designed to transport sixteen or more occupants including the driver; provided that each violation arises from separate incidents occurring within a ten-year period.

(k) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle for a period of no less than sixty days if the person is convicted of a first violation, no less than one hundred twenty days if the person is convicted of a second violation during any three-year period, and no less than one year if the person is convicted of a third or subsequent violation during any three-year period of a federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:

(1) For all drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;

(2) For all drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;

(3) For all drivers who are always required to stop, failing to stop before driving onto the crossing;

(4) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;

(5) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or

(6) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.

(l) The examiner of drivers shall disqualify any person from driving a commercial motor vehicle if the driver's driving is determined to constitute an imminent hazard, as defined in section 286-231 and in accordance with the provisions of title 49 Code of Federal Regulations section 383.52.

(m) Beginning January 30, 2014, if a driver fails to provide the examiner of drivers with the certification required under title 49 Code of Federal Regulations section 383.71(b)(1) or a current medical examiner's certificate if the driver self-certifies according to title 49 Code of Federal Regulations section 383.71(b)(1)(i) that the driver is operating in non-excepted interstate commerce as required by title 49 Code of Federal Regulations section 383.71(h), the examiner of drivers shall mark the commercial driver's license information system driver record as not-certified and initiate a commercial driver's license downgrade.

(n) The examiner of drivers shall permanently disqualify any person from driving a commercial motor vehicle for life without the possibility of reinstatement if the person uses a commercial motor vehicle in the commission of any felony involving severe forms of trafficking in persons.

(o) Beginning November 18, 2024, the State shall, upon receiving notification from the Federal Motor Carrier Safety Administration's Drug and Alcohol Clearinghouse that a commercial driver's license or commercial learner's permit holder is prohibited from operating a commercial motor vehicle, begin the process to downgrade the commercial driver's license or commercial learner's permit. The downgrade shall be completed and recorded on the commercial driver's license information system driver record within sixty days of the State's receipt of the notification as stated in title 49 Code of Federal Regulations section 383.73(q).

(p) As used in this section:

"Commercial sex act " means any sex act on account of which anything of value is given to or received by any person.

"Severe forms of trafficking in persons" means either sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform the act has not attained eighteen years of age; the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. [L 1989, c 320, pt of §2; am L 1990, c 342, §10; am L 1995, c 114, §4; am L 2002, c 70, §2; am L 2004, c 103, §8; am L 2006, c 130, §6; am L 2010, c 15, §1; am L 2011, c 67, §2 and c 121, §4; am L 2013, c 114, §10; am L 2020, c 70, §33; am L 2021, c 215, §2; am L 2023, c 25, §1; am L 2024, c 136, §3]
Haw. Rev. Stat. § 287-46 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-46
Chapter supplemental to traffic ordinances and motor vehicle laws.
Status: in_force

This chapter shall in no respect be considered as a repeal of any ordinance relating to traffic or motor vehicles, except as herein provided, or the state law relating thereto, but shall be construed as supplemental thereto.
Haw. Rev. Stat. § 291E-20 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-20
Minimum standards for roadblock procedures.
Status: in_force

(a) Every intoxicant control roadblock program shall:

(1) Require that all vehicles approaching roadblocks be stopped or that certain vehicles be stopped by selecting vehicles in a specified numerical sequence or pattern;

(2) Require that roadblocks be located at fixed locations for a maximum three-hour period;

(3) Provide for the following minimum safety precautions at every roadblock:

(A) Proper illumination;

(B) Off-road or otherwise safe and secure holding areas for vehicles involved in any roadblock stop;

(C) Uniformed law enforcement officers carrying proper identification;

(D) Adequate advance warning of the fact and purpose of the roadblocks, either by sign posts, flares, or other alternative methods;

(E) Termination of roadblocks at the discretion of the law enforcement officer in charge where traffic congestion would otherwise result; and

(4) Provide for a sufficient quantity and visibility of uniformed officers and official vehicles to ensure speedy compliance with the purpose of the roadblocks and to move traffic with a minimum of inconvenience.

(b) Nothing in this section shall prohibit the establishment of procedures to make roadblock programs less intrusive than required by the minimum standards provided in this section. [L 2000, c 189, pt of §23]
Haw. Rev. Stat. § 286-312 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-312
Civil identification card fee special fund.
Status: in_force

There is established in the state treasury a special fund to be known as the civil identification card fee special fund. The fund shall consist of all fees assessed for the processing and issuance of identification cards. The fund shall be used for the purposes of the identification card program. The fund shall be administered by the director. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury. Interest and investment earnings credited to the assets of the fund shall become a part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried over to the next fiscal year.
Haw. Rev. Stat. § 291C-12 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-12
Collisions involving death or serious bodily injury.
Status: in_force

(a) The driver of any vehicle involved in a collision resulting in serious bodily injury to or death of any person shall immediately stop the vehicle at the scene of the collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the collision until the driver has fulfilled the requirements of section 291C-14. Every stop shall be made without obstructing traffic more than is necessary.

(b) Any person who violates subsection (a) shall be guilty of a class B felony.

(c) The license or permit to drive and any nonresident operating privilege of the person so convicted shall be revoked.

(d) For any violation under this section, a surcharge of $500 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(e) For any violation under this section, a surcharge of up to $500 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund. [L 1971, c 150, pt of §1; gen ch 1985; am L 1992, c 243, §4; am L 2002, c 160, §7; am L 2008, c 231, §7; am L 2021, c 124, §2]
Haw. Rev. Stat. § 286-47 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-47
Certificate of registration; certificate of ownership; containers.
Status: in_force

(a) Upon the registration of a vehicle, the director of finance shall issue a certificate of registration to the owner and a certificate of ownership to the legal owner, or to a dealer who shall be a person licensed to sell new motor vehicles under chapter 437 which certificates shall meet the following requirements:

(1) Both the certificate of registration and the certificate of ownership shall contain upon the face thereof, the date issued, the registration number assigned to the owner and to the vehicle, the name and address of the owner and legal owner in typewriting, also such description of the registered vehicle as may be determined by the director of finance. If any of the information subsequently proves to be a typographical error, the dealer, as defined in section 437-1.1, shall notify the director of finance of the error by a written certificate stating the reasons for and nature of the error and the correction which should be made in the certificate of registration and the certificate of ownership. Upon receipt of the dealer's certificate by the director of finance, the certificate of registration and the certificate of ownership shall be corrected accordingly so long as the correction does not constitute a change of the vehicle originally registered. A fee shall be paid to the director of finance for each instance of correction of the registration records. The fee charged for each instance of correction of the registration records shall be established by the county's legislative body;

(2) In addition to the requirements provided for in paragraph (1) above, the face of the certificate of ownership shall contain endorsement lines for the transfer of title or interest of the registered owner and legal owner, and the odometer reading of the vehicle on the date of transfer. The reverse side of the certificate of ownership shall contain the application for registration by the transferee.

(b) Every owner shall keep the certificate of registration within the vehicle for which it is registered and shall present the same at the request of a police officer, or in the event the vehicle is a motorcycle, shall carry such certificate in a convenient receptacle attached to the vehicle and which shall be presented at the request of a police officer; provided that this subsection shall not apply to:

(1) State or county vehicles readily identified by the license plates and markings on sides of such vehicles;

(2) Commercial vehicles defined as rental motor vehicles, or cars shipped by licensed car dealerships or repossession companies. These businesses may keep a duplicate copy of the certificate of registration within the vehicle for which it is registered, in which case the certificate of registration shall be available for inspection at their principal place of business within the State; and

(3) Chassis used for transporting shipping containers. The owner of a chassis used for transporting shipping containers shall not be required to keep the original or a copy of the certificate of registration, motor vehicle identification card, certificate of insurance, and certificate of inspection on the chassis. These businesses may keep the original certificate of registration, motor vehicle identification card, certificate of insurance, and certificate of inspection available for inspection at their principal place of business within the State.

This subsection shall not apply when the certificate is removed from the vehicle for the purpose of application for renewal, transfer of registration, or to record a change in the registration. [L 1929, c 197, §§6, 13; RL 1935, §2669; RL 1945, §7340; am L 1949, c 166, §1; am L 1953, c 131, §1(a), (b); RL 1955, §160-7; HRS §286-47; am L 1970, c 73, §1(a); am L 1972, c 159, §1; am L 1980, c 141, §1; am L 1981, c 44, §1 and c 82, §18; am L 1998, c 95, §1; am L 2019, c 31, §1]
Haw. Rev. Stat. § 291C-142 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-142
Traffic laws apply to persons riding bicycles.
Status: in_force

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application.
Haw. Rev. Stat. § 286-130 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-130
No operation under foreign license during revocation or suspension in this State.
Status: in_force

Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this State has been suspended or revoked shall not operate a motor vehicle in this State under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license issued by the examiner of drivers is obtained when and as permitted by law.
Haw. Rev. Stat. § 286-102.3 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-102.3
[ §286-102.
Status: in_force

[ §286-102.3] Commercial drivers under the age of twenty-one. A person is qualified to drive commercially in the State in intrastate commerce if the person:

(1) Is at least nineteen years of age;

(2) Is in compliance with title 49 Code of Federal Regulations, part 390-396, subpart B, except section 391.11(b)(1) in the case of an intrastate driver involved in intrastate commerce in the State;

(3) Only operates a category 3 vehicle as defined in section 286-102(b)(3);

(4) Shall not transport hazardous materials as defined in section 286-2, nor passengers in a school vehicle as defined in section 286-181; and

(5) Has had a category 3 state driver's license for the two years immediately preceding driving commercially under this section, with the following conditions:

(A) Has not had any license suspended, revoked, or canceled; and

(B) Has not had any conviction for:

(i) Speeding excessively involving any speed of fifteen miles per hour or more above the speed limit;

(ii) Driving recklessly, as defined by state or local law or regulation, including but not limited to offenses of driving a motor vehicle in wilful or wanton disregard for the safety of person or property;

(iii) Making improper or erratic traffic lane changes;

(iv) Following the vehicle ahead too closely; or

(v) Violating state or local law relating to motor vehicle traffic control, excluding parking violations, arising in connection with a fatal accident. [L 2007, c 288, §1]

Revision Note

This section was renumbered from §286-236.5.
Haw. Rev. Stat. § 286-111.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-111.5
[ §286-111.
Status: in_force

[ §286-111.5] Voter registration. (a) A qualified applicant for a new or renewed motor vehicle driver's license shall automatically be registered to vote with the clerk of the appropriate county upon completion of the driver's license application and application for voter registration as required in section 11-15.7 if the qualified applicant makes a choice to register to vote on the application form. If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes.

(b) The submission of the application for voter registration together with the license or permit application shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c).

The examiner of drivers shall not transmit any information necessary to register a qualified applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the qualified applicant's voter registration information if the applicant declined such changes. The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information if the applicant presents a document demonstrating a lack of United States citizenship.

(c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law. [L 2021, c 126, §2]
Haw. Rev. Stat. § 286-49 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-49
Registration of vehicles under two or more names.
Status: in_force

Unless otherwise specifically stated by a written document, any vehicle registered in the names of two or more persons shall be presumed to be owned in joint tenancy.
Haw. Rev. Stat. § 291C-20 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-20
Disclosure of traffic collision reports.
Status: in_force

(a) Any traffic collision report required under this chapter shall be made without prejudice to the person required to report information concerning the collision and shall be for the confidential use of the police department, except that the department shall, upon request, disclose the record, to any person directly concerned in the traffic collision or having a proper interest therein, including:

(1) The driver or drivers involved, or the employer, parent, or legal guardian thereof;

(2) The authorized representative of any person involved in the collision;

(3) Any person injured in the collision;

(4) The owners of vehicles or property damaged in the collision;

(5) Any law enforcement agency; and

(6) Any court of competent jurisdiction.

(b) Any person who may sue because of death resulting from a collision shall be deemed a party directly concerned.

(c) In the event of a conflict between this section and any other law, including sections 286-171 and 286-172 and chapter 92F, this section shall control. [L 1996, c 275, §1; am L 2021, c 124, §10]
Haw. Rev. Stat. § 286-202.8 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-202.8
Mudguards; protective devices.
Status: in_force

(a) A commercial motor vehicle shall not be operated on the public highways unless the vehicle is equipped with fenders, covers, or other devices, including flaps or splash aprons, to minimize the spray or splash of water or mud to the rear of the vehicle.

(b) Violation of this section shall be subject to a fine of $50, notwithstanding section 286-206. [L 2005, c 134, pt of §1]
Haw. Rev. Stat. § 291A-1 — HI Code / Division 1 / Title 17 / Chapter 291A / Section 291A-1
Enactment of compact.
Status: in_force

The Nonresident Violator Compact is hereby enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as follows:

NONRESIDENT VIOLATOR COMPACT

ARTICLE I. FINDINGS AND DECLARATION OF POLICY

(a) The party states find that:

(1) Under present procedures, a nonresident motorist who is arrested in a state other than the nonresident's home state must either post collateral or bond to secure appearance for trial at some later date, or, if unable to post such collateral or bond, the nonresident is taken into custody until collateral or bond is posted or taken directly to court for arraignment to be held. The purpose of this requirement is to obviate the difficulty of ensuring compliance with the terms of a traffic citation by the nonresident who, if permitted to continue on the nonresident's way after receiving such citation, could return to the nonresident's home state and disregard with impunity the nonresident's duty under the terms of the citation.

(2) A motorist receiving a traffic citation in the motorist's home state is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on the motorist's way after being instructed to comply with the terms of the citation.

(3) The practice described in paragraph (1) causes unnecessary inconvenience and, at times, causes a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine and thus is compelled to remain in custody until some arrangement can be made.

(4) The arrest of a nonresident motorist for a motor vehicle violation is presently consuming an undue amount of law enforcement time.

(b) It is the policy of each of the party states to:

(1) Promote compliance with the laws, ordinances, and administrative rules relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.

(2) Make the reciprocal recognition of the right of motorists of the party states to accept a citation without delay in all traffic violation cases in which such procedure is permitted whether the motorist is a resident or a nonresident of the state in which the arrest was made.

(3) Maximize effective utilization of law enforcement personnel and assist the court systems in the efficient disposition of traffic violations.

(4) Consider an operator who ignores or refuses a citation from a party state to be an unfit or irresponsible person to hold a license to drive.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) "Citation" means any citation, summons, ticket, or other document issued by a police officer for violation of a traffic law, ordinance, rule, or regulation which requires the motorist to respond.

(b) "Collateral" means any bond, cash, or other security deposited to secure an appearance for trial following the issuance by an arresting officer of a citation for a traffic violation.

(c) "Compact administrator" means the administrative director of the courts or designee.

(d) "Driver's license" means any license to operate a motor vehicle issued under the laws of the home state.

(e) "Home state" means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.

(f) "Issuing state" means the state in which the traffic citation was issued to the motorist.

(g) "Licensing authority" means the administrative director of the courts or designee.

(h) "Motorist" means the driver of a motor vehicle operating in a party state other than the home state.

(i) "Nonresident" means a driver who holds a license issued by a party state other than the state in which the citation was issued.

(j) "Personal recognizance" means a signed agreement by a nonresident that the nonresident will comply with the terms of the citation issued to the nonresident.

(k) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, Provinces of Canada, or other countries.

ARTICLE III. PROCEDURE FOR ISSUING STATE

(a) An officer making an arrest or citing a nonresident for a traffic violation shall issue a citation as appropriate to all motorists who are residents of the party states and shall not, subject to the exceptions noted in subsection (b) of this Article, require such motorist to post collateral or bond to secure appearance for trial, but may accept such motorist's personal recognizance that the motorist will comply with the terms of the citation.

(b) No motorist shall be entitled to receive a citation under the terms of subsection (a) of this Article, nor shall any police officer issue such citation under the same terms, in the event the offense for which the citation is issued shall be one of the following:

(1) An offense for which the issuance of a citation in lieu of a hearing or the posting of collateral, bail, or bond is prohibited by law or court policy; or

(2) An offense, for which the revocation of the motorist's license would be required upon conviction or forfeiture of collateral.

(c) Upon the failure of any nonresident to comply with the terms of a traffic citation, the arresting officer or other appropriate official may obtain a warrant for arrest or summons for appearance in court and shall report the failure to the licensing authority of the state in which the arrest was made or the citation for a traffic violation was issued. If the State of Hawaii is the issuing state, the arresting officer or other appropriate official shall report this failure to the compact administrator. The report shall clearly identify the person arrested or cited; describe the violation, specifying the section of the traffic law, ordinance, rule, or regulation violated; indicate the location of the offense; and describe the vehicle, and its license number. The report shall be signed by the arresting officer or other appropriate official.

ARTICLE IV. PROCEDURE FOR HOME STATE

(a) Upon receipt of the report as described in Article III, the licensing authority of the state in which the arrest was made or a citation for a traffic violation was issued shall transmit an official copy of the record of the report to the licensing authority of the home state. If the State of Hawaii is the home state, the licensing authority of the state in which the arrest was made or a citation for a traffic violation was issued shall transmit an official copy of the record of the report to the compact administrator. If the State of Hawaii is the issuing state, the compact administrator shall transmit an official copy of the record of the report to the licensing authority of the home state.

(b) Upon receipt of a certification of noncompliance from the state in which the arrest was made or a citation for a traffic violation was issued, the licensing authority of the home state shall notify the motorist and immediately initiate license suspension proceedings against such motorist. The order of suspension shall indicate the reason for the order and shall notify the motorist that the motorist's license shall remain suspended until satisfactory evidence has been furnished to the authority issuing such order of compliance with the terms of the citation.

(c) A copy of any suspension order issued under this Article shall be furnished to the licensing authority of the state in which the arrest was made or a citation for a traffic violation was issued. If the State of Hawaii is the issuing state, a copy of any suspension order issued under this Article shall be furnished to the compact administrator.

(d) If the laws of a home state do not provide for offenses or violations denominated or described in precisely the words employed in the state from which a certification of noncompliance is received, the home state shall construe the denomination and descriptions appearing in the laws of such state as being applicable to and identifying those offenses or violations of a substantially similar nature.

ARTICLE V. APPLICABILITY OF OTHER LAWS

Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to the licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.

ARTICLE VI. COMPACT ADMINISTRATOR AND

INTERCHANGE OF INFORMATION

(a) The motor vehicle administrator of each party state shall be the administrator of this compact for their state. For the State of Hawaii, the administrative director of the courts or designee shall be the administrator of this compact. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.

(b) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

ARTICLE VII. ENTRY INTO FORCE AND WITHDRAWAL

(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction prior to the withdrawal.

ARTICLE VIII. EXCEPTIONS

The provisions of this compact shall not apply to parking violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.

ARTICLE IX. CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. [L 1993, c 135, §1; gen ch 1993; am L 1995, c 64, §§1 to 3]
Haw. Rev. Stat. § 286-64 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-64
Regulation plates to be surrendered.
Status: in_force

Upon the issuance of the special license plates, the regulation number plates originally issued in the registration of the passenger motor vehicles shall be surrendered to the administrator of the county emergency management agency who shall retain the plates as long as the special license plates are attached to the passenger motor vehicle.
Haw. Rev. Stat. § 286-308 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-308
Correction or alteration of records and identification cards in cases of error or subsequent changes concerning names, citizenship, description, etc.
Status: in_force

(a) A cardholder who, after receiving an identification card, has a change in one or more of the following:

(1) Name, legally changed by marriage, divorce, adoption, legitimization, order of the lieutenant governor, or other legal means;

(2) Citizenship status;

(3) Address; or

(4) Individual in charge of the cardholder (in the case of a minor or incompetent individual),

within thirty days after the change, shall report the change, submit supporting documents, and present the cardholder's identification card to the examiner. The examiner of drivers, upon being furnished with satisfactory proof as to the change, and receiving payment of the fee, shall cancel the identification card and issue a new identification card bearing the new name, citizenship status, or address of the cardholder, making appropriate notation of the facts upon the records of the examiner.

(b) If any error has been made in any item of information contained in the records of the examiner of drivers or on the identification card concerning any cardholder, the examiner of drivers or the cardholder, upon application and upon provision of evidence satisfactory to the examiner that an error has been committed, may correct the error and, in such case, shall make appropriate changes or notations stating the error and the correct information in the records of the examiner of drivers and on the identification card.

(c) If any item of the cardholder's personal information was originally correct, but will change after issuance of the identification card and the examiner of drivers finds the change material, the examiner of drivers may register the change and alter the records and identification card to conform thereto, upon receipt of satisfactory evidence of the change and approval of the examiner. [L 2012, c 310, pt of §2]
Haw. Rev. Stat. § 286-73 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-73
[ §286-73] Obstruction of a license plate; prohibited.
Status: in_force

[ §286-73] Obstruction of a license plate; prohibited. The use of any cover or shield installed over a vehicle's license plate, regardless of transparency or intent, shall be prohibited. Any person who violates this section shall be fined no less than $500 and no more than $1,000 for each offense. Each day of violation shall constitute a separate offense. For the purposes of this section, "cover" or "shield" means any device, material, or film—whether clear, tinted, mirrored, reflective, or otherwise that is installed over or affixed to a license plate, and is intended to alter or interfere with the visibility, legibility, or identification of the license plate by law enforcement or traffic enforcement systems.
Haw. Rev. Stat. § 291C-226 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-226
Liability for rental or U-drive vehicle.
Status: in_force

Notwithstanding any other law to the contrary, if the registered owner of record is the lessor of a rental or U-drive motor vehicle, as defined in section 286-2 pursuant to a written lease agreement, the lessee at the time of the violation shall be responsible for the summons or citation. However, the lessor shall be responsible for the summons or citation if the lessor does not provide the court, having jurisdiction over the summons or citation, with the name and address of the lessee within forty-five days after a notice containing the date, time, and location of the violation and the license number of the vehicle is sent to lessor; provided further that the administrative judge of the court having jurisdiction over the summons or citation may waive the requirement of providing the name and address of the lessee and impose on the lessor an administrative fee of $50 per citation.
Haw. Rev. Stat. § 291C-199 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-199
Clinging to vehicles, bicycles, etc.
Status: in_force

No person driving a moped shall attach oneself or the moped to any other vehicle, nor permit the rider of a bicycle, coaster, sled, or toy vehicle or any person on roller skates to be or become attached to the moped or the driver.
Haw. Rev. Stat. § 291C-79 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-79
Pedestrians' right-of-way on sidewalks.
Status: in_force

The driver of a vehicle emerging from or entering an alley, building, private road, or driveway shall yield the right-of-way to any pedestrian approaching on any sidewalk extending across the alley, building entrance, road, or driveway.
Haw. Rev. Stat. § 286-55 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-55
Certificates lost or mutilated.
Status: in_force

If any certificate of registration or certificate of ownership is lost, mutilated, or becomes illegible, the person to whom the same has been issued shall immediately make application for and may obtain a duplicate thereof upon furnishing satisfactory information to the director of finance and upon payment of a fee, which fee shall be established by the county's legislative body.

When a certificate of ownership is lost, damaged, mutilated or stolen, the director of finance shall provide to a qualified applicant an application form for a duplicate certificate of ownership. The names and addresses of the transferor and transferee shall be written in the application form and the same, together with the last issued certificate of registration, the fee for the duplicate certificate of ownership, plus the transfer fee, shall be filed with the director of finance. [L 1929, c 197, §11; RL 1935, §2674; RL 1945, §7345; am L 1955, c 162, §1; RL 1955, §160-13; HRS §286-55; am L 1970, c 73, §1(d); am L 1981, c 44, §3]
Haw. Rev. Stat. § 288-7 — HI Code / Division 1 / Title 17 / Chapter 288 / Section 288-7
Cancellation of insurance, revocation of license.
Status: in_force

The policy of insurance or bond shall be subject to cancellation only after ten days' written notice filed with the treasurer or director of finance of the county, or upon surrender of the license issued for the vehicle involved under section 445-222, or upon the filing of a substitute policy of insurance or bond complying with this chapter. Upon cancellation of any such policy of insurance or bond without the filing of a substitute therefor the county treasurer or director of finance shall immediately recall, confiscate, and cancel the license issued under section 445-222 for the vehicle involved.
Haw. Rev. Stat. § 286-44.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-44.5
Salvage certificate.
Status: in_force

(a) An application for a salvage certificate shall be accompanied by a fee in an amount determined by the director of finance and shall contain:

(1) The name and address of the applicant;

(2) A description of the vehicle being salvaged; and

(3) Any further information reasonably required by the director of finance.

(b) A salvage certificate shall authorize the holder of the certificate to possess, transport but not drive upon a highway, and transfer ownership in a salvage vehicle.

(c) A salvage certificate shall contain the word "salvage" on the face of the certificate and shall be made upon forms prescribed by the director of finance. [L 1984, c 276, §1]
Haw. Rev. Stat. § 286-56 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-56
Official cars.
Status: in_force

All motor vehicles owned by any foreign government or by a consul or other official representative thereof, or by the United States government, or by the State or any political subdivision thereof, shall be registered as herein required by the person having the custody thereof, and the custodian shall display official registration by distinguishing marks thereon which shall be furnished by the director of finance, free of charge, and where motor vehicles are owned by the State or any of its municipal subdivisions, the motor vehicle shall bear the inscription provided for in sections 105-6 to 105-8.

Revision Note

"Director of finance" substituted for "treasurer" to conform to county charters.
Haw. Rev. Stat. § 287-21 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-21
Alternate methods of giving proof.
Status: in_force

Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:

(1) A certificate of insurance as provided in section 287-22 or 287-23; or

(2) A bond as provided in section 287-35; or

(3) A certificate of deposit of money or securities as provided in section 287-36; or

(4) A certificate of self-insurance, as provided in section 287-42, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, the self-insurer will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to the self-insurer. [L 1949, c 393, pt of §1; RL 1955, §160-99; HRS §287-21; gen ch 1985]
Haw. Rev. Stat. § 286-47.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-47.5
Notice of change of address or name; penalty.
Status: in_force

(a) If the address of a registered owner of a motor vehicle is changed from that stated on the application or the certificate of registration, the registered owner shall, within thirty days after the change, notify the appropriate county director of finance, in writing, of the change, stating the registered owner's old and new addresses.

(b) If the name of a registered owner of a motor vehicle is changed from that shown on the application or the certificate of registration or certificate of ownership, the registered owner shall, within thirty days after the change, notify the appropriate county director of finance, in writing, of the change and shall submit together with the notice, the certificate of ownership, the current year's certificate of registration, if any has been issued to the registered owner, and proof of the change of name. Upon receipt of the certificate of ownership, certificate of registration, if any, and satisfactory proof of the change of name, the county director of finance shall issue a new certificate of ownership and certificate of registration. The charge for the issuance of a new certificate of ownership and certificate of registration shall be as provided by law except that in the case of individual owners, no charge shall be made.

(c) For the purposes of this section, the following terms shall have the following meanings:

"Individual owners" excludes corporate owners of motor vehicles.

"Registered owner" includes an applicant for registration of a motor vehicle the processing of whose application has not been completed by the issuance of a certificate of registration and a certificate of ownership.

(d) Any person who violates this section shall be fined not more than $25. [L 1975, c 43, §1; gen ch 1985; am L 2020, c 70, §29]
Haw. Rev. Stat. § 291C-12.5 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-12.5
Collisions involving substantial bodily injury.
Status: in_force

(a) The driver of any vehicle involved in a collision resulting in substantial bodily injury to any person shall immediately stop the vehicle at the scene of the collision or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the collision until the driver has fulfilled the requirements of section 291C-14. Every stop shall be made without obstructing traffic more than is necessary.

(b) Any person who violates subsection (a) shall be guilty of a class C felony.

(c) For any violation under this section, a surcharge of $250 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(d) For any violation under this section, a surcharge of up to $250 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund. [L 1992, c 243, §1; am L 2002, c 160, §8; am L 2008, c 231, §8; am L 2021, c 124, §3]
Haw. Rev. Stat. § 287-6 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-6
Suspension of license.
Status: in_force

The administrator shall suspend the license or permit of each driver and the license of the registered owner of the motor vehicle in any manner involved in the accident and if the driver is a nonresident, any privilege of operating the motor vehicle within the State shall cease, and if the owner of the motor vehicle is a nonresident, the privilege of the use within the State of any motor vehicle owned by the nonresident shall also cease, unless the driver or owner or both have satisfied the requirements of section 287-5 or have deposited security in the sum determined by the administrator. Notice of the suspension shall be sent by the administrator to the driver and registered owner and the nonresident owner not less than ten days prior to the effective date of the suspension and shall state the amount required as security. Where erroneous information is given the administrator with respect to the matters set forth in [paragraph] (1), (2), or (3) of section 287-7, the administrator shall take appropriate action as hereinbefore provided within sixty days after receipt by the administrator of correct information with respect to those matters.
Haw. Rev. Stat. § 286-101.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-101.5
Reciprocal licensing privileges.
Status: in_force

(a) The director may grant reciprocal licensing privileges to any person eighteen years of age or older who holds a license from another country or state, thereby allowing the examiner of drivers to waive examination requirements under section 286-108(c)(3), if:

(1) That jurisdiction has procedures in place to verify the validity of the driver's licenses it issues;

(2) That jurisdiction has granted a waiver of all or any part of the driver's license examination requirements for Hawaii licensed drivers applying for a driver's license in that jurisdiction; and

(3) The director determines that the standards of that jurisdiction for licensing operators of motor vehicles correspond substantially to those of this State.

(b) The director shall publish on the department of transportation's public internet site a list of the countries for which reciprocal operating privileges have been extended and those that have been withdrawn. The most recent list shall be transmitted to the courts, county prosecuting attorneys, and county police chiefs.

(c) The director may require an applicant for reciprocal licensing privileges to provide translation of the license and documents from the other jurisdiction if the license and documents are in languages other than Hawaiian or English.

(d) The director may adopt rules pursuant to chapter 91 necessary for the purposes of this section. [L 2015, c 131, §2]
Haw. Rev. Stat. § 290-12 — HI Code / Division 1 / Title 17 / Chapter 290 / Section 290-12
Leaving abandoned or derelict vehicles.
Status: in_force

The registered owner of an abandoned vehicle, as defined in section 290-1, or a derelict vehicle, as defined in section 290-8, found on any roadway, alley, street, way, lane, trail, bridge, or highway or other public property or on private property without authorization of the owner or occupant shall be fined not more than $1,000; provided that the registered owner shall not be fined if the abandoned or derelict vehicle has been stolen or taken from the registered owner without permission or authorization.
Haw. Rev. Stat. § 291C-16 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-16
Immediate notice of collision.
Status: in_force

(a) The driver of a vehicle involved in a collision resulting in injury or death of any person or total damage to all property to an apparent extent of $3,000 or more shall immediately by the quickest means of communication give notice of the collision to the nearest police officer. If sent to the site of the collision, a responding police officer shall file a written report if it appears at the time that the collision has resulted in the injury or death of any person, or total damage to all property to an apparent extent of $3,000 or more.

(b) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of a collision as required in subsection (a) and there was another occupant in the vehicle at the time of the collision capable of doing so, the occupant shall make or cause to be given the notice not given by the driver.

(c) For any violation under this section, a surcharge of up to $100 may be imposed, in addition to other penalties, which shall be deposited into the trauma system special fund. [L 1971, c 150, pt of §1; am L 1974, c 111, §1; am L 1990, c 39, §4; am L 1995, c 216, §3; am L 2008, c 231, §13; am L 2021, c 124, §8]
Haw. Rev. Stat. § 286-104.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-104.5
Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permits.
Status: in_force

(a) Notwithstanding section 286-104(7) to the contrary, every person who submits an application for a driver's license, provisional driver's license, or instruction permit that satisfies the requirements of this chapter except for the applicant's inability or refusal to provide satisfactory proof of authorized presence in the United States under federal law shall be issued a limited purpose driver's license, a limited purpose provisional driver's license, or a limited purpose instruction permit that is uniquely identified in compliance with the REAL ID Act of 2005 upon satisfactory proof to the examiner of drivers of the applicant's identity and residency in the State. The examiner of drivers shall accept various types of documentation for the purpose of establishing the applicant's identity and residency in the State, which may be established by more than one document. Acceptable documentation includes:

(1) A valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship or a valid, unexpired passport from the applicant's country of citizenship;

(2) An original birth certificate or other proof of age, as designated by the examiner of drivers;

(3) A current home utility bill, lease, or rental agreement, or deed or title to real property in the State, as designated by the examiner of drivers;

(4) A United States Department of Homeland Security Form I-589, Application for Asylum and for Withholding of Removal;

(5) An official school or college transcript that includes the applicant's date of birth or a foreign school record that is sealed and includes a photograph of the applicant at the age the record was issued;

(6) An official school or college identification card that includes the applicant's full name and a photograph of the applicant at the time the identification was issued;

(7) A United States Department of Homeland Security Form I-20 or Form DS-2019;

(8) A United States Customs and Immigration Services Deferred Action for Childhood Arrival Approval Letter ;

(9) A valid identification card for health benefits;

(10) A valid identification card for an assistance or social services program;

(11) A current voter registration card issued by the State;

(12) A wage stub issued in the last six months;

(13) An income tax return filed in the last two years;

(14) A social security card;

(15) One of the following documents which, if in a language other than English, shall be accompanied by a certified translation or an affidavit of translation into English:

(A) Marriage license or divorce certificate;

(B) Foreign federal electoral photo card issued on or after January 1, 1991;

(C) Foreign student identification card; or

(D) Foreign driver's license; or

(16) Other proof of Hawaii residency as designated by the director.

(b) Except as otherwise provided in this subsection, every application under this section shall be made upon the form and in the manner required by section 286-111 and shall be accompanied by the fee established for non-limited purpose licenses or permits pursuant to section 286-111. The examiner of drivers shall not require any applicant under this section to furnish information regarding the applicant's eligibility or ineligibility for a social security number. The examiner shall not disclose the identity of any applicant who does not provide a social security card or social security number.

(c) Every limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit issued pursuant to this section shall on its face and machine readable zone bear the phrase, "Not acceptable for official federal purposes", and on its reverse bear the phrase, "This license is issued only as a license to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits", and be of a unique design or color indication that clearly distinguishes them from the State's compliant driver's licenses, provisional driver's licenses, and instruction permits. If the United States Department of Homeland Security determines that limited purpose licenses or permits issued pursuant to this section do not satisfy the requirements of title 6 Code of Federal Regulations section 37.71, adopted pursuant to section 202 of the REAL ID Act of 2005, Public Law 109-13, the examiner of drivers, under the direction of the department, shall modify the limited purpose licenses and permits issued pursuant to this section only to the extent necessary to satisfy the requirements of the federal law.

(d) Every limited purpose driver's license and limited purpose provisional driver's license shall expire in accordance with section 286-106, and every limited purpose instruction permit shall expire in accordance with section 286-110.

(e) A limited purpose driver's license or limited purpose provisional driver's license may be renewed in accordance with section 286-107 and reactivated in accordance with section 286‑107.5. A limited purpose instruction permit may be renewed in accordance with section 286-110.

(f) It shall be a violation of law to discriminate against a person because the person applied for, was denied, was issued, holds, or presents a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit.

(g) A limited purpose license or limited purpose instruction permit issued pursuant to this section shall not be used to consider a person's citizenship or immigration status as a basis for a criminal investigation, arrest, or detention.

(h) Documents and information collected pursuant to an application for, denial of, or issuance of a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit shall be confidential and shall not be disclosed by the examiner of drivers or the department except as required by law.

(i) The director shall adopt rules in accordance with chapter 91 to implement this section. [L 2015, c 172, §2]
Haw. Rev. Stat. § 291C-83 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-83
Starting parked vehicle.
Status: in_force

No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
Haw. Rev. Stat. § 289-7 — HI Code / Division 1 / Title 17 / Chapter 289 / Section 289-7
Director of finance to maintain records.
Status: in_force

The director of finance shall promulgate, pursuant to chapter 91, the rules and regulations necessary for the carrying out of this chapter and also prescribe the forms for the applications, licenses, and other documents mentioned herein, and shall create and maintain in the director of finance's office an appropriate filing system to accommodate the records required to be filed with the director of finance by this chapter.
Haw. Rev. Stat. § 287-25 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-25
Owner's policy requirements.
Status: in_force

An owner's policy of liability insurance:

(1) Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted;

(2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the State and such other places as the policy provides, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $10,000 because of bodily injury to or death of one person in any one accident, and subject to such limit for one person, $20,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of others in any one accident. [L 1949, c 393, pt of §1; RL 1955, §160-103; am L 1963, c 98, §1; HRS §287-25]
Haw. Rev. Stat. § 291E-66 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-66
Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition
Status: in_force

(a) No person whose driving privileges have been restricted to operating a vehicle equipped with an ignition interlock device shall knowingly circumvent or tamper with an ignition interlock device in any way, including but not limited to:

(1) Requesting, soliciting, directing, or authorizing another person to blow into an ignition interlock device or start a vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has been restricted by law to operating only a vehicle so equipped;

(2) Tampering with an ignition interlock device with the intent to render it inaccurate or inoperable;

(3) Obscuring a camera lens associated with an ignition interlock device; or

(4) Failing to provide a picture of the driver.

(b) Any person required under subsection (a) to drive using an ignition interlock device who violates subsection (a) shall be sentenced without possibility of probation or suspension of sentence as follows:

(1) For a first offense, or any offense not preceded within a ten-year period by conviction under this section or section 291E-62(a)(3):

(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) Loss of the privilege to operate a vehicle equipped with an ignition interlock device;

(2) For an offense that occurs within ten years of a prior conviction for an offense under this section or section 291E-62(a)(3):

(A) Thirty days imprisonment;

(B) A $1,000 fine; and

(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device; and

(3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section or section 291E-62(a)(3), or any combination thereof:

(A) One year imprisonment;

(B) A $2,000 fine; and

(C) Loss of the privilege to operate a vehicle equipped with an ignition interlock device. [L 2010, c 166, pt of §2; am L 2022, c 94, §3]
Haw. Rev. Stat. § 286-213 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-213
Improper representation as official inspection station.
Status: in_force

Any person who in any manner represents that the business operated at any location is an official inspection station without a permit issued by the director under section 286-211, or any person other than a person operating an inspection station under a permit granted by the director who issues a certificate of inspection shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L Sp 1977 1st, c 20, pt of §1]
Haw. Rev. Stat. § 291-15 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-15
Trauma system surcharge.
Status: in_force

(a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that:

(1) The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of the offense; and

(2) The maximum of which may be $100 if the violation is an offense under section 291-12.

(b) The surcharge shall not be ordered when the court determines that the defendant is unable to pay the surcharge.

(c) The person shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the trauma system special fund pursuant to section 321-22.5. [L 2008, c 231, §1]
Haw. Rev. Stat. § 286-22 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-22
Inspection by officers of the police department.
Status: in_force

(a) The chief of police or any police officer of any county may, at any time when the chief of police or police officer has reasonable cause to believe that a vehicle or moped is unsafe or not equipped as required by law, require the owner or driver of the vehicle or moped to submit the vehicle or moped to an inspection or make the necessary corrections or repairs.

(b) If the vehicle or moped is found to be in an unsafe condition or if any required part or equipment is not present or if any required part or equipment is present but not in proper repair, the officer shall issue a citation to the owner or driver stating the reasons that the vehicle or moped is deemed unsafe or is not equipped as required and shall require that a new certificate of inspection as provided in section 286-26 be obtained within five days or that the defect be cured.

(c) If upon inspection, the chief of police or any police officer determines that any vehicle or moped is in such unsafe condition as to constitute a menace to the public or is not equipped as required and cannot reasonably be restored to a safe condition as required in this part, the chief of police or police officer shall remove the sticker which signifies the certificate of inspection and inform the director of finance who shall immediately suspend the registration of the vehicle or moped and give notice of the suspension to its owner. Whenever the director of finance has suspended the registration of any vehicle or moped under this part, the owner of the vehicle or moped shall immediately surrender and forward to the director of finance the certificate of registration and the license plates last issued upon registration of the vehicle for the current year.

(d) Any person aggrieved by this section shall have the right to a hearing before a district judge of the circuit in which the person is cited within five days. The judge shall determine whether the chief of police or any police officer reasonably performed the chief of police's or police officer's duties hereunder and shall make any appropriate order. [L 1967, c 214, pt of §2; HRS §286-22; am L 1970, c 188, §§39, 40; gen ch 1985; am L 2016, c 200, §8]

Revision Note

"Director of finance" substituted for "treasurer" to conform to county charters.
Haw. Rev. Stat. § 286-9 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-9
Facilities for physically handicapped persons.
Status: in_force

[§286-9 Facilities for physically handicapped persons.] The state director of transportation, under the director's authority dealing with highway design, construction, and maintenance and the director's authority dealing with pedestrian safety, shall provide that appropriate facilities be constructed at certain street locations for the use of physically handicapped persons.
Haw. Rev. Stat. § 291-3.3 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-3.3
Storage of opened container containing intoxicating liquor or consumption at scenic lookout.
Status: in_force

(a) No person shall keep in a motor vehicle, or on a moped when such vehicle or moped is upon any public street, road, or highway or at any scenic lookout, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed or fully removed, unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers.

(b) No person shall consume any intoxicating liquor at any scenic lookout.

(c) Subsection (a) shall not apply to a recreational or other vehicle not having a separate trunk compartment.

(d) Any person violating this section shall be guilty of a violation. [L 1981, c 152, pt of §1; am L 1986, c 171, §5; am L 1987, c 33, §9; am L 2000, c 62, §3]
Haw. Rev. Stat. § 291C-46 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-46
Further limitation on driving on left of center of roadway.
Status: in_force

(a) No vehicle shall be driven to the left side of the roadway under the following conditions:

(1) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;

(3) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel.

(b) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in section 291C-41(a)(2), nor to the driver of a vehicle turning left into or from an alley, private road, or driveway. [L 1971, c 150, pt of §1]
Haw. Rev. Stat. § 291E-49 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-49
Transferring title to, or ownership interest in, vehicle prohibited; exceptions.
Status: in_force

(a) A registered owner shall not sell or transfer title to, or ownership interest in, a motor vehicle during the time period the motor vehicle's registration has been ordered revoked and number plates surrendered or during the time the motor vehicle bears the special series number plates pursuant to section 249‑9.4, unless the registered owner applies to the administrative director of the courts, or the administrative director's appointee pursuant to section 291E‑1, for consent to transfer title to the motor vehicle. If the director is satisfied that:

(1) The proposed sale is in good faith and for valid consideration;

(2) The registered owner will be deprived of the custody and control of the motor vehicle; and

(3) The sale is not for the purpose of circumventing this part,

the director may consent to the sale or transfer. If the director consents, the director shall issue a certified copy of the written consent to the registered owner and forward a copy to the appropriate county director of finance.

(b) The county director of finance, upon proper application and the presentation to the director of finance of a certified copy of the director's written consent to the sale or transfer of a motor vehicle, shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249.

(c) Notwithstanding subsections (a) and (b), if the title to the motor vehicle is transferred by foreclosure of a chattel mortgage, cancellation of a conditional sales contract, a sale upon execution, or decree or order of a court of competent jurisdiction, after the motor vehicle registration has been revoked under this part, the county director of finance shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249. [L 2001, c 157, pt of §3]
Haw. Rev. Stat. § 291E-21 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-21
Applicable scope of part; mandatory testing in the event of a collision resulting in injury or death.
Status: in_force

(a) Nothing in this part shall be construed to prevent a law enforcement officer from obtaining a sample of breath, blood, or urine, from the operator of any vehicle involved in a collision resulting in injury to or the death of any person, as evidence that the operator was under the influence of an intoxicant.

(b) If a health care provider who is providing medical care, in a health care facility, to any person involved in a vehicle collision:

(1) Becomes aware, as a result of any blood or urine test performed in the course of medical treatment, that:

(A) The alcohol concentration in the person's blood meets or exceeds the amount specified in section 291E-61(a)(4) or 291E-61.5(a)(2)(D); or

(B) The person's blood or urine contains one or more drugs that are capable of impairing a person's ability to operate a vehicle in a careful and prudent manner; and

(2) Has a reasonable belief that the person was the operator of a vehicle involved in the collision,

the health care provider shall notify, as soon as reasonably possible, any law enforcement officer present at the health care facility to investigate the collision. If no law enforcement officer is present, the health care provider shall notify the county police department in the county where the collision occurred. If the health care provider is aware of any blood or urine test result, as provided in paragraph (1), but lacks information to form a reasonable belief as to the identity of the operator involved in a vehicle collision, as provided in paragraph (2), then the health care provider shall give notice to a law enforcement officer present or to the county police department, as applicable, for each person involved in a vehicle collision whose alcohol concentration in the person's blood meets or exceeds the amount specified in section 291E-61(a)(4) or 291E-61.5(a)(2)(D) or whose blood or urine contains one or more drugs. The notice by the health care provider shall consist of the name of the person being treated, the blood alcohol concentration or drug content disclosed by the test, and the date and time of the administration of the test. This notice shall be deemed to satisfy the intoxication element necessary to establish the probable cause requirement set forth in subsection (c).

(c) In the event of a collision resulting in injury or death and if a law enforcement officer has probable cause to believe that a person involved in the collision has committed a violation of section 707-702.5, 707-703, 707-704, 707-705, 707-706, 291E-61, 291E-61.5, or 291E-64, the law enforcement officer shall request that a sample of blood or urine be recovered from the vehicle operator or any other person suspected of committing a violation of section 707-702.5, 707-703, 707-704, 707-705, 707-706, 291E-61, 291E-61.5, or 291E-64. If the person involved in the collision is not injured or refuses to be treated for any injury, the law enforcement officer may offer the person a breath test in lieu of a blood or urine test. If the person declines to perform a breath test, the law enforcement officer shall request a blood or urine sample pursuant to subsection (d). The act of declining to perform a breath test under this section shall not be treated as a refusal under chapter 291E and shall not relieve the declining person from the requirement of providing a blood or urine sample under this section.

(d) The law enforcement officer shall make the request under subsection (c) to the hospital or medical facility treating the person from whom the blood or urine is to be recovered. If the person is not injured or refuses to be treated for any injury, the law enforcement officer shall make the request of a blood or urine sample under subsection (c) to a person authorized under section 291E-12; provided that a law enforcement officer may transport that person to another police facility or a hospital or medical facility that is capable of conducting a breath, blood, or urine test. Upon the request of the law enforcement officer that blood or urine be recovered pursuant to this section, and except where the person to perform the withdrawal of a blood sample or to obtain a urine sample or the responsible attending personnel at the hospital or medical facility determines in good faith that recovering or attempting to recover blood or urine from the person presents an imminent threat to the health of the medical personnel or others, the person authorized under section 291E-12 shall:

(1) Recover the sample in compliance with section 321-161; and

(2) Provide the law enforcement officer with the blood or urine sample requested.

(e) Any person complying with this section shall be exempt from liability pursuant to section 663-1.9 as a result of compliance.

(f) As used in this section, unless the context otherwise requires:

"Health care facility" includes any program, institution, place, building, or agency, or portion thereof, private or public, whether organized for profit or not, that is used, operated, or designed to provide medical diagnosis, treatment, or rehabilitative or preventive care to any person. The term includes health care facilities that are commonly referred to as hospitals, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, health maintenance organizations, and others providing similarly organized services regardless of nomenclature.

"Health care provider" means a person who is licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or practice of a profession. [L 2000, c 189, pt of §23; am L 2001, c 157, §12; am L 2003, c 72, §1; am L 2004, c 90, §6]
Haw. Rev. Stat. § 291C-38 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-38
Longitudinal traffic lane markings.
Status: in_force

(a) Traffic lane markings shall be yellow, white or red in color. Black may be used in combination with these colors where the pavement itself does not provide sufficient contrast.

(b) Lane markings shall conform to the following concepts:

(1) White lines indicate the separation of lanes of traffic flowing in the same direction.

(2) Yellow lines indicate the separation of lanes of traffic flowing in opposing directions or the left boundary of a traffic lane at a particularly hazardous location.

(3) Red markings indicate a roadway that shall not be entered or used by the viewer of those markings.

(4) Broken lines are permissive in character.

(5) Solid lines are restrictive in character.

(6) A wider line indicates a greater degree of emphasis.

(7) Double lines indicate maximum restriction.

(8) Markings which require visible emphasis at night shall be reflectorized.

(c) Longitudinal traffic lane markings shall have the following applications:

(1) A broken white line is used to indicate the edge of the traffic lane where travel is permitted in the same direction on both sides of the line and may be crossed by vehicular traffic when the crossing can be made with safety.

(2) A broken yellow line is used to indicate the left edge of a traffic lane where traffic on the other side of the line moves in the opposite direction and may be crossed by vehicular traffic only when overtaking or passing a vehicle proceeding in the same direction or when executing a left turn and then only if the movement can be made with safety and does not interfere with traffic moving in the opposite direction.

(3) A solid white line is used to indicate the edge of the traffic lane where travel in the same direction is permitted on both sides of the line but where movement from lane to lane is considered to be hazardous. A solid white line may be crossed only in unusual circumstances and then only with great care. A double width solid white line is used to emphasize a greater degree of hazard.

(4) A solid white line is also used to indicate the right edge of the pavement.

(5) A double solid white line is used to indicate the edges of traffic lanes where travel in the same direction is permitted on both sides of the double line but where movement from lane to lane is considered to be dangerous. The crossing of a double solid white line by vehicular traffic is prohibited.

(6) A solid yellow line is used to indicate the left edge of a traffic lane where overtaking and passing on the left is prohibited. The crossing of a solid yellow line by vehicular traffic is prohibited except when the crossing is part of a left turn movement.

(7) A solid yellow line is also used to indicate the left edge of each roadway of a divided street or highway.

(8) A double solid yellow line is used to indicate the separation between lanes of traffic moving in opposite directions. The crossing of a double solid yellow line by vehicular traffic is prohibited except when the crossing is part of a left turn movement.

(9) A double line consisting of a broken yellow line and a solid yellow line is used to indicate a separation between lanes of traffic moving in opposite directions and vehicular traffic adjacent to the broken line is permitted to overtake or pass if the movement can be made with safety and does not interfere with traffic moving in the opposite direction. The crossing of this double line by vehicular traffic adjacent to the solid line is prohibited except when the crossing is part of a left turn movement.

(10) A double broken yellow line is used to indicate the edge of a reversible traffic lane where the direction of the vehicular traffic may be changed from time to time.

(11) A dotted line is used to indicate the extension of a line through an intersection or interchange. It shall be the same color as the line it extends. The crossing of a dotted line by vehicular traffic is subject to the same prohibitions and exceptions as are applicable to the line it extends.

(12) A solid white line when supplemented by official signs or pavement markings, is used to indicate the separation of bicycle lanes from lanes of vehicular traffic flowing in the same direction. Except as allowed under section 291C-123, vehicles other than bicycles shall be prohibited from operating in a bicycle lane. [L 1973, c 202, §1; am L 1975, c 22, §3; am L 1978, c 39, §2; am L 1999, c 263, §4; am L 2002, c 58, §2]
Haw. Rev. Stat. § 291E-5 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-5
Ignition interlock user affordability.
Status: in_force

The director of transportation shall contract with the selected ignition interlock vendor to provide partial financial relief for the installation and the periodic calibration charges to offenders who apply for such assistance and who are recipients, at the time of license revocation or suspension, of either food stamps under the Supplemental Nutrition Assistance Program, or free services under the Older Americans Act or Developmentally Disabled Assistance and Bill of Rights Act.
Haw. Rev. Stat. § 286-53.6 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-53.6
Fleet vehicles, fees.
Status: in_force

Renewal fees for permanent registration of fleet vehicles pursuant to section 286-53.5 shall be paid pursuant to a schedule which shall be established by the director of finance. The fees determined to be due and owing under this section and section 286-53.5 shall be a lien upon all vehicles of the applicant subject to registration under this chapter, whether or not they are fleet vehicles.
Haw. Rev. Stat. § 291C-137 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-137
Mobile electronic devices.
Status: in_force

(a) No person shall operate a motor vehicle while using a mobile electronic device.

(b) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this law.

(c) No person under eighteen years of age shall operate a motor vehicle while utilizing a hands-free mobile electronic device, except for the sole purpose of making a "911" emergency communication.

(d) The following persons shall be exempt from subsection (a):

(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;

(2) Drivers using a two-way radio or a private Land Mobile Radio System, within the meaning of title 47 Code of Federal Regulations part 90, while in the performance and scope of their work-related duties and who are operating fleet vehicles or who possess a commercial vehicle license;

(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio; or

(4) Drivers of vehicles that are at a complete stop, while the engine is turned off, in a safe location by the side of the road out of the way of traffic.

(e) As used in this section:

"Emergency responders" includes firefighters, emergency medical technicians, mobile intensive care technicians, emergency management workers, police officers, and federal and state law enforcement officers.

"Fleet vehicle" means any vehicle validly registered pursuant to section 286-53.5.

"Mobile electronic device" means any handheld or other portable electronic equipment capable of providing wireless or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle.

"Operate" a motor vehicle means to drive or assume actual physical control of the vehicle upon a public way, street, road, or highway, including operation while temporarily stationary because of traffic, a traffic light, or a stop sign.

"Use" or "using" means holding a mobile electronic device while operating a motor vehicle.

(f) Every person who violates this section shall be subject to a fine of $300 that shall be deposited into the state highway fund; provided that if a person violates this section while operating a motor vehicle in a school zone or construction area, as defined in section 291C-104, the fine shall be $400, which shall be paid to the director of finance pursuant to section 291C-171.

(g) Any violation as provided in subsections (a) and (c) shall be deemed to be a traffic infraction as defined in section 291D-2.

(h) This section shall supersede any county ordinance regulating the use or utilization of mobile electronic devices while operating a motor vehicle. [L 2013, c 74, §2; am L 2014, c 175, §2; am L 2015, c 35, §6; am L 2022, c 83, §1]
Haw. Rev. Stat. § 286-119 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-119
Authority of examiner of drivers to suspend or revoke licenses.
Status: in_force

(a) The examiner of drivers may suspend any driver's license without hearing when the examiner:

(1) Has reasonable cause to believe that the licensee is incompetent to operate the type of motor vehicle for which the licensee holds a license or is afflicted with mental or physical infirmities or disabilities which would make it unsafe for the licensee to operate a motor vehicle of the type for which the licensee is licensed; or

(2) Is notified by the appropriate county director of finance that the licensee has outstanding charges and fines relating to the disposition of an abandoned vehicle, as provided pursuant to section 290-13.

(b) When the examiner of drivers suspends a license under this section, the examiner shall immediately notify the licensee and afford the licensee a hearing. After the hearing, the examiner of drivers may rescind the suspension, or the examiner may suspend the license for a further period or revoke the license. Any person whose license has been suspended or revoked under this section may appeal under section 286-129. [L 1967, c 214, pt of §2; HRS §286-119; am L 1970, c 164, §3; gen ch 1985; am L 2022, c 229, §8]
Haw. Rev. Stat. § 286-241.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-241.5
Notification and hearing.
Status: in_force

When the examiner of drivers suspends, revokes, or cancels a commercial driver's license or a commercial learner's permit under section 286-241.4(a), the examiner of drivers shall immediately notify the licensee or permittee and afford the licensee or permittee an opportunity for a hearing.
Haw. Rev. Stat. § 289-1 — HI Code / Division 1 / Title 17 / Chapter 289 / Section 289-1
Definitions.
Status: in_force

As used in this chapter:

"Business" includes any activities engaged in by any person or organization or caused to be engaged in by the person or it for the object of gain, benefit, or advantage, either direct or indirect.

"Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions, regardless of whether the device has been removed from a motor vehicle's exhaust system.

"Director of finance" means the director of finance of each county.

"Engaged in business", "engaging in business", and equivalent expressions mean commencing, conducting, or continuing in, holding oneself out by advertising, or any other means of being in a business, as well as liquidating a business when the liquidator thereof holds oneself out to be conducting the business. However, making or negotiating a casual or isolated sale or purchase is not engaging in business, but the sale or negotiation for the purchase by any person, during any period of one year, of more than three used motor vehicle parts or accessories (except as an incident to the established business of a licensed seller) shall be presumptive evidence that the person negotiating for, or effecting such sale or purchase is engaging in the business of selling or negotiating the purchase of used motor vehicle parts or accessories and that, if unlicensed pursuant to this chapter, the person negotiating for, or effecting such sale or purchase is violating section 289-2 of this chapter.

"Motor vehicle" means every vehicle which is self-propelled.

"Retail", "sale at retail", "retail sale", and equivalent expressions, mean the act or attempted act of selling a used motor vehicle part or accessory to a person for use as a consumer.

"Sale", "selling", and equivalent expressions, mean the act or attempted act, either as principal or an agent or in any capacity whatsoever, of selling, bartering, exchanging, or otherwise disposing of, or negotiating, or offering, or attempting to negotiate, the sale, purchase, or exchange of, or any interest in, a used motor vehicle part or accessory.

"Used motor vehicle part or accessory" means a motor vehicle part or motor vehicle accessory which has been the subject of prior sale at retail, either individually or attached to a motor vehicle as a component part or accessory thereof.

"Wholesale", "sale at wholesale", "wholesale sale", and equivalent expressions mean any sale other than a retail sale. [L 1967, c 277, §2; HRS §289-1; gen ch 1985; am L 2022, c 88, §4]

Revision Note