Haw. Rev. Stat. § 291D-6 — HI Code / Division 1 / Title 17 / Chapter 291D / Section 291D-6
Answer required.
Status: in_force

(a) A person who receives a notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction shall answer the notice within twenty-one days of the date of issuance of the notice. There shall be included with the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction a preaddressed envelope directed to the traffic, emergency period, and fireworks violations bureau of the applicable district court.

(b) Provided that the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction does not require an appearance in person at a hearing as set forth in section 291D-5(d)(10), in answering a notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, a person shall have the following options:

(1) Admit the commission of the infraction in one of the following ways:

(A) By mail or in person, by completing the appropriate portion of the notice of traffic infraction, notice of emergency period infraction, notice of fireworks infraction, or preaddressed envelope and submitting it to the authority specified on the notice together with payment of the total amount stated on the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction. Payment by mail shall be in the form of a check, money order, or by an approved credit or debit card. Payment in person shall be in the form of United States currency, check, money order, or by an approved credit or debit card; or

(B) Via the Internet or by telephone, by submitting payment of the total amount stated on the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction. Payment via the Internet or by telephone shall be by an approved credit or debit card;

(2) Deny the commission of the infraction and request a hearing to contest the infraction by completing the appropriate portion of the notice of traffic infraction, notice of emergency period infraction, notice of fireworks infraction, or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the person may submit a written statement of grounds on which the person contests the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, which shall be considered by the court as a statement given in court pursuant to section 291D-8(a); or

(3) Admit the commission of the infraction and request a hearing to explain circumstances mitigating the infraction by completing the appropriate portion of the notice of traffic infraction, notice of emergency period infraction, notice of fireworks infraction, or preaddressed envelope and submitting it, either by mail or in person, to the authority specified on the notice. In lieu of appearing in person at a hearing, the person may submit a written explanation of the mitigating circumstances, which shall be considered by the court as a statement given in court pursuant to section 291D-8(b).

(c) When answering the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, the person shall affix the person's signature to the answer and shall state the address at which the person will accept future mailings from the court. No other response shall constitute an answer for purposes of this chapter. [L 1993, c 214, pt of §2; am L 2003, c 4, §1; am L 2005, c 48, §3; am L 2007, c 85, §5; am L 2021, c 185, §9; am L 2025, c 243, §23]
Haw. Rev. Stat. § 290-4 — HI Code / Division 1 / Title 17 / Chapter 290 / Section 290-4
Repossession by person entitled.
Status: in_force

Any person entitled to the vehicle may repossess the same prior to the date of public auction upon payment of all towing, handling, storage, appraisal, advertising, and any other expenses incurred in connection with the vehicle. If the person claiming the vehicle is not the legal or registered owner, the person may repossess the vehicle upon paying the foregoing expenses and posting adequate security not to exceed the value of the vehicle. The security, if not forfeited, shall be returned two years from receipt.
Haw. Rev. Stat. § 291C-39 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-39
[ §291C-39] Traffic control devices; uniform standards and specifications.
Status: in_force

[ §291C-39] Traffic control devices; uniform standards and specifications. The department of transportation, after consultation with the counties, shall adopt rules pursuant to chapter 91 prescribing uniform standards and specifications for all official traffic control devices installed pursuant to this chapter, including stop signs, yield signs, speed limit signs, railroad warning approach signs, street name signs, crossing signs, any lines or markings on a roadway, and any other sign or marking required or authorized by the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended.
Haw. Rev. Stat. § 286-249 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-249
Penalty.
Status: in_force

(a) Any person who drives a commercial motor vehicle in the State without a valid commercial driver's license or commercial learner's permit, or while the person's driving privileges are suspended, revoked, or canceled, or while disqualified from driving a commercial motor vehicle, shall be:

(1) Disqualified from driving a commercial motor vehicle for a period of not less than one year and up to life;

(2) Fined not less than $500 but not more than $1,000; and

(3) Imprisoned not more than one year;

provided that the court shall have discretion to impose either a fine or imprisonment, or both.

(b) A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of no less than $3,861 for a first conviction and no less than $7,723 for a second or subsequent conviction, in addition to the driving disqualification of subsection (a)(1) and section 286-240(i) and (j).

(c) Any person convicted under or found in violation of section 286-242(a) shall be fined not more than $200.

(d) Notwithstanding subsection (a)(2), any person convicted under or found in violation of section 286-242(c) shall be fined not more than $500. [L 1990, c 342, pt of §3; am L 1995, c 114, §9; am L 2004, c 103, §12; am L 2009, c 46, §4; am L 2013, c 114, §17; am L 2023, c 25, §3; am L 2024, c 135, §3]
Haw. Rev. Stat. § 291D-5 — HI Code / Division 1 / Title 17 / Chapter 291D / Section 291D-5
Notice of infraction; form; determination final unless contested.
Status: in_force

(a) The notice of traffic infraction for moving violations, the notice of emergency period infraction, and the notice of fireworks infraction shall include the summons for the purposes of this chapter. Whenever a notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction is issued, the person's signature, driver's license number or state identification number, electronic mail address, and current address shall be noted on the notice. If the person refuses to sign the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, the officer shall record this refusal on the notice and issue the notice to the person. Anyone to whom a notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction is issued under this chapter need not be arraigned before the court, unless required by rule of the supreme court.

(b) The forms for the notice of traffic infraction, notice of emergency period infraction, and notice of fireworks infraction shall be prescribed by rules of the district court, which shall be uniform throughout the State; provided that each judicial circuit may include differing statutory, rule, or ordinance provisions on its respective notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction.

(c) A notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction that is generated by the use of electronic equipment or that bears the electronically stored image of any person's signature, or both, shall be valid under this chapter.

(d) The notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction shall include the following:

(1) A statement of the specific infraction for which the notice was issued;

(2) Except in the case of parking-related traffic infractions, a brief statement of the facts;

(3) A statement of the total amount to be paid for each infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and any monetary assessment, established for the particular infraction pursuant to section 291D-9, to be paid by the person to whom the notice was issued, which shall be uniform throughout the State;

(4) A statement of the options provided in section 291D-6(b) for answering the notice and the procedures necessary to exercise the options;

(5) A statement that the person to whom the notice is issued shall answer, choosing one of the options specified in section 291D-6(b), within twenty-one days of issuance of the notice;

(6) A statement that failure to answer the notice within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty;

(7) A statement that, at a hearing requested to contest the notice, pursuant to section 291D-8, no officer shall be present unless the person to whom the notice was issued timely requests the court to have the officer present, and that the standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified infraction was committed;

(8) A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction or in consideration of a written request for mitigation, the person shall be considered to have committed the infraction;

(9) A space in which the signature of the person to whom the notice was issued may be affixed; and

(10) The date, time, and place at which the person to whom the notice was issued shall appear in court, if the person is required by the notice to appear in person at the hearing.

(e) In the case of traffic infractions involving parking or equipment, where the motor vehicle is found parked or stopped without a driver, the notice shall be affixed conspicuously to the vehicle as provided in section 291C-167 and shall include the information required by paragraphs (1) and (3) to (9) of subsection (d). [L 1993, c 214, pt of §2; am L 1997, c 60, §9; am L 2005, c 48, §2; am L 2007, c 85, §4; am L 2020, c 59, §3; am L 2021, c 185, §8; am L 2025, c 243, §22]
Haw. Rev. Stat. § 286-8 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-8
Rules and regulations.
Status: in_force

In order to decrease the deaths, injuries, damage, and losses resulting from highway traffic accidents, the state director of transportation shall, subject to the requirements of chapter 91, adopt rules and regulations dealing with: identification and surveillance of accident locations; highway design, construction, and maintenance; traffic control devices; pedestrian safety; police traffic services; and debris hazard control and clean up.

Any person conducting construction, maintenance, surveying, or other work on or adjacent to any public street or highway or any street where traffic regulations are imposed by state or county authority who violates the rules and regulations governing the use of traffic control devices at such work sites shall, in addition to any other penalty imposed by law, be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1967, c 214, pt of §2; HRS §286-8; am L 1968, c 48, §2(b); am L 1969, c 128, §1(2); am L Sp 1977 1st, c 20, §12]
Haw. Rev. Stat. § 291E-34 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-34
Notice of administrative revocation; contents.
Status: in_force

(a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation:

(1) The statutory authority for administrative revocation;

(2) An explanation of the distinction between administrative revocation and a suspension or revocation imposed under section 291E-61 or 291E-61.5; and

(3) That criminal charges filed pursuant to section 291E-61 or 291E-61.5 may be prosecuted concurrently with the administrative action.

(b) The notice, when completed by the law enforcement officer and issued to the respondent, shall contain at a minimum the following information relating to the incident that gives rise to the issuance of the notice of administrative revocation:

(1) Information identifying the respondent;

(2) The specific violation for which the respondent was arrested;

(3) The date issued and the date the administrative revocation is scheduled to go into effect;

(4) The expiration date of the temporary permit; and

(5) That the issuance of the notice of administrative revocation will be administratively reviewed.

(c) The notice shall provide, at a minimum, the following information relating to the administrative review:

(1) That the review is automatic;

(2) That the respondent, within three days of the issuance of the notice of administrative revocation in the case of an alcohol related offense and within seventeen days of the issuance of the notice of administrative revocation in the case of a drug related offense, may submit written information demonstrating why the respondent's license and privilege to operate a vehicle should not be administratively revoked;

(3) The address or location where the respondent may submit the information;

(4) That the respondent is not entitled to be present or represented at the administrative review; and

(5) That the administrative review decision shall be mailed to the respondent:

(A) No later than eight days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and

(B) No later than twenty-two days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense.

(d) The notice shall state that, if the respondent's license and privilege to operate a vehicle is not administratively revoked after the review, the respondent's license shall be returned, unless a subsequent alcohol or drug enforcement contact has occurred, along with a certified statement that the administrative revocation proceedings have been terminated.

(e) The notice shall state that, if the respondent's license and privilege to operate a vehicle is administratively revoked after the review, a decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

(1) The reasons why the respondent's license and privilege to operate a vehicle is administratively revoked;

(2) That the respondent may request the director, within six days of the date the decision is mailed, to schedule an administrative hearing to review the administrative revocation;

(3) That, if the respondent's request for an administrative hearing is received by the director within six days of the date the decision was mailed, the hearing shall be scheduled to commence:

(A) No later than twenty-five days after the date of the issuance of the notice of administrative revocation in the case of an alcohol related offense; and

(B) No later than thirty-nine days after the date of the issuance of the notice of administrative revocation in the case of a drug related offense;

(4) The procedure to request an administrative hearing;

(5) That failure to request an administrative hearing within the time provided shall cause the administrative revocation to take effect for the period and under the conditions established by the director in the decision;

(6) That the respondent may regain the right to a hearing by requesting the director, within sixty days after the issuance of the notice of administrative revocation, to schedule a hearing;

(7) That the director shall schedule the hearing to commence no later than thirty days after a request under paragraph (6) is received, but that, except as provided in section 291E-38(j), the temporary permit shall not be extended if the respondent fails to request an administrative hearing within the initial six-day period provided for that purpose;

(8) That failure to attend the hearing shall cause the administrative revocation to take effect for the period and under the conditions indicated;

(9) The duration of the administrative revocation and other conditions that may be imposed, including: referral to the driver's education program for an assessment of the respondent's substance abuse or dependence and the need for treatment; and

(10) That the respondent shall obtain an ignition interlock permit in order to operate a vehicle during the revocation period if the respondent had a valid license at the time of the arrest.

(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:

(1) That the respondent shall have six days from the date the administrative review decision was mailed to request that an administrative hearing be scheduled;

(2) That a request for an administrative hearing and payment of a $30 fee, unless waived pursuant to section 291E‑39, shall entitle the respondent to review and copy, prior to the hearing, all documents that were considered at the administrative review, including the arrest report and the sworn statements;

(3) That the respondent may be represented by an attorney, submit evidence, give testimony, and present and cross-examine witnesses;

(4) That, in cases where the respondent is under the age of eighteen, a parent or guardian must be present; and

(5) That a written decision shall be mailed no later than five days after completion of the hearing.

(g) The notice shall state that, if the administrative revocation is reversed after the hearing, the respondent's license shall be returned, along with a certified statement that the administrative revocation proceedings have been terminated.

(h) The notice shall state that, if the administrative revocation is sustained at the hearing, a written decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

(1) The effective date of the administrative revocation;

(2) The duration of the administrative revocation;

(3) Other conditions that may be imposed by law, including the use of an ignition interlock device; and

(4) The right to obtain judicial review.

(i) The notice shall state that failure of the respondent, or of the parent or guardian of the respondent if the respondent is under the age of eighteen, to attend a scheduled hearing shall cause the administrative revocation to take effect as provided in the administrative review decision. [L 2000, c 189, pt of §23; am L 2001, c 157, §15; am L 2004, c 90, §9; am L 2006, c 64, §4; am L 2008, c 171, §5; am L 2009, c 88, §13; am L 2010, c 166, §13; am L 2012, c 327, §11]
Haw. Rev. Stat. § 291-23 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-23
Penalty.
Status: in_force

(a) Violation of any of the provisions of section 291-22 shall subject the violator to the following penalties:

(1) For a first violation, the person shall be fined not more than $100;

(2) For a second violation committed within five years of any other violation under section 291-22, the person shall be fined not more than $300; and

(3) For a violation of a third or subsequent offense committed within five years of any other violation under section 291-22, the person shall be fined not more than $900. [L 1941, c 140, §4; RL 1945, §11720; RL 1955, §311-26; HRS §291-23; am L 1978, c 222, §6; am L 2024, c 171, §3]
Haw. Rev. Stat. § 291-24 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-24
Motorcycles and mopeds, noisy mufflers; penalty.
Status: in_force

(a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

shall not be required to be equipped with a muffler.

(b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise.

(c) Whoever violates this section shall be fined not more than $150. [L 1949, c 21, §1; RL 1955, §311-27; HRS §291-24; am L 1978, c 222, §7; am L 1986, c 189, §1; am L 1994, c 120, §4; am L 2025, c 172, §3]
Haw. Rev. Stat. § 291C-50 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-50
Following too closely.
Status: in_force

(a) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

(b) The driver of a motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. [L 1971, c 150, pt of §1; am L 1984, c 273, §5]
Haw. Rev. Stat. § 291C-224 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-224
Registered owner's responsibility for a summons or citation.
Status: in_force

In any proceeding for a violation of this part, the information contained in the summons or citation issued in accordance with section 291C-223 shall be deemed evidence that the registered vehicle was violating the use of the high occupancy lane and the registered owner is responsible for its illegal operation. The registered owner shall be determined by the identification of the vehicle's registration plates.
Haw. Rev. Stat. § 288-1 — HI Code / Division 1 / Title 17 / Chapter 288 / Section 288-1
Application of chapter.
Status: in_force

This chapter shall not be applicable to any common carrier subject to section 269-21.
Haw. Rev. Stat. § 286-51 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-51
Registration, expense.
Status: in_force

(a) The certificate of registration for each motor vehicle in the counties of the State shall be renewed on a staggered basis as established by each county. The director of finance of each county may adopt rules to carry out the purposes stated in this section and shall expend the funds from the director's operating funds as may be necessary for these purposes; provided that if the director has ascertained as of the date of the application that:

(1) The registered owner has not deposited or paid bail with respect to any summons or citation issued to the registered owner for stopping, standing, or parking in violation of traffic ordinances within the county;

(2) The registered owner of a motor carrier vehicle, as defined in section 286-201, has not resolved any outstanding federal operations out-of-service orders issued by the United States Secretary of Transportation; or

(3) The registered owner has outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle, including for costs related to towing, storage, processing, and disposal,

the director may require, as a condition precedent to the renewal, that the registered owner deposit or pay bail with respect to all such summonses or citations, resolve all federal operations out-of-service orders, or pay all outstanding charges and fines relating to the disposition of the abandoned vehicle. The payment of all outstanding charges or fines relating to the disposition of the abandoned vehicle shall not be a condition precedent to the transfer if the abandoned vehicle was stolen or taken from the registered owner without permission or authorization and a police report for the abandoned vehicle is filed within a period of time, to be determined by the director of finance of each county, after discovery of the abandoned vehicle. The certificates of registration issued hereunder shall show, in addition to all information required under section 286-47, the serial number of the tag or emblem and shall be valid during the registration year only for which they are issued. Any certificate of registration belonging to a motor carrier shall be suspended or revoked when that motor carrier has been issued any federal operations out-of-service orders by the United States Secretary of Transportation and that certificate of registration shall remain suspended or revoked until all the federal operations out-of-service orders are resolved. The certificates of ownership need not be renewed annually but shall remain valid as to any interest shown therein until canceled by the director of finance as provided by law or replaced by new certificates of ownership as hereinafter provided.

(b) This part shall be administered by the director of finance in conjunction with the requirements of sections 249-1 to 249-13 and shall entail no additional expense or charge to the person registering the ownership of a motor vehicle other than as provided by this section or by other laws; provided that for each new certificate of ownership issued by the director of finance under section 286-52, the director of finance may charge a fee which shall be deposited in the general fund. The fees charged to issue a new certificate of ownership shall be established by the county's legislative body.

Notwithstanding any other law to the contrary, an additional fee of not more than $2 for each certificate of registration for all motor vehicles may be established by ordinance and collected annually by the director of finance of each county, to be used and administered by each county:

(1) For the purpose of beautification and other related activities of highways under the ownership, control, and jurisdiction of each county;

(2) To defray the additional cost in the disposition and other related activities of abandoned or derelict vehicles as prescribed in chapter 290. For the purposes of this paragraph, other related activities shall include but need not be limited to any and all storage fees that are negotiated between each county and a towing company contracted by the county to remove and dispose of abandoned or derelict vehicles; and

(3) To mitigate and address the impacts of tourism-related traffic congestion.

The $2 fee established pursuant to this subsection for certificates of registration for all motor vehicles may be increased by ordinance up to a maximum of $10. The moneys so assessed and collected shall be placed in a revolving fund entitled, "the highway beautification, abandoned vehicle, and tourism-related traffic congestion revolving fund". [L 1929, c 197, §7; RL 1935, §2670; am L 1935, c 74, §1; am L 1941, c 298, §2; RL 1945, §7341; am L 1951, c 162, §6; RL 1955, §160-9; am L 1962, c 10, §2; am L 1965, c 125, §§1, 2; HRS §286-51; am L 1972, c 161, §1; am L 1976, c 237, §2; am L 1981, c 44, §2; am L 1982, c 135, §2; am L 1984, c 126, §2; gen ch 1985; am L 1999, c 274, §1; am L 2000, c 111, §1; am L 2007, c 269, §2; am L 2010, c 20, §4; am L 2021, c 122, §3; am L 2022, c 229, §3 and c 298, §1]
Haw. Rev. Stat. § 286-301.6 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-301.6
Limited purpose identification cards.
Status: in_force

(a) Every person who submits an application for an identification card that satisfies the requirements of this part 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 identification card that is uniquely identified as being not in compliance with the REAL ID Act of 2005. 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 United States Department of State Form DS-2019;

(8) A United States Citizenship 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 six months immediately preceding submittal of the applicable application;

(13) An income tax return filed in the two years immediately preceding submittal of the applicable application;

(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;

(16) A prison identification, certificate of discharge, or order of parole issued by the department of corrections and rehabilitation, or a printout prepared by the department of corrections and rehabilitation with the applicant's photograph, name, and date of birth; or

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

(b) Every application under this section shall be made upon the form, and in the manner, required by section 286-303 and be accompanied by the fee established for non-limited purpose identification cards pursuant to section 286-309. The examiner of drivers shall not:

(1) Require any applicant under this section to furnish information regarding the applicant's eligibility or ineligibility for a social security number; or

(2) Disclose the identity of any applicant who does not provide a social security card or social security number.

(c) Every limited purpose identification card issued pursuant to this section shall on its face and in a machine readable zone bear the phrase, "Not acceptable for official federal purposes"; be of a unique design or color indication that clearly distinguishes the limited purpose identification card from the State's federally compliant identification cards; and on its reverse bear the phrase, "This identification card is issued only for state identification purposes. It does not establish eligibility for employment, voter registration, or public benefits". If the United States Department of Homeland Security determines that any limited purpose identification card issued pursuant to this section does not satisfy the requirements of title 6 Code of Federal Regulations section 37.71, the examiner of drivers, under the direction of the department of transportation, shall modify the limited purpose identification card issued pursuant to this section; provided that the limited purpose identification card shall only be modified to the extent necessary to satisfy the requirements of the federal law.

(d) Every limited purpose identification card shall expire in accordance with section 286-306.

(e) A limited purpose identification card may be renewed in accordance with section 286-306.

(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 identification card.

(g) A limited purpose identification card 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 identification card shall be confidential and shall not be disclosed by the examiner of drivers or the department of transportation except as required by law.

(i) A person in possession of a REAL ID document shall be ineligible for a limited purpose identification card.

(j) The director shall adopt rules in accordance with chapter 91 to implement this section. [L 2022, c 295, §2; am L 2022, c 278, §55]
Haw. Rev. Stat. § 286-31 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-31
[ §286-31] Vehicle inspector; certification; renewal.
Status: in_force

[ §286-31] Vehicle inspector; certification; renewal. (a) The director shall supervise and certify all inspectors authorized to conduct vehicle safety inspections at official inspection stations. The director shall:

(1) Determine minimum standards and application criteria for inspectors;

(2) Administer written and performance examinations for all applicants;

(3) Issue official inspector certificates;

(4) Monitor inspection activities of inspectors; and

(5) Conduct investigations of reported or suspected improper inspection activities.

(b) Inspector certificates shall expire four years from the date of issuance, unless revoked or suspended by the director.

(c) Recertification of inspectors shall follow the application process for initial certification. [L 2021, c 129, §1]
Haw. Rev. Stat. § 291C-82 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-82
Turning so as to proceed in the opposite direction.
Status: in_force

(a) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet.

(b) In addition to the prohibition in subsection (a), the director of transportation is authorized to and the counties may by ordinance with respect to highways under their respective jurisdictions prohibit the turning of any vehicle so as to proceed in the opposite direction on the highway at any location where such turning would be dangerous to those using the highway or would unduly interfere with the free movement of traffic.

(c) The director of transportation and the counties by ordinance with respect to the highways under their respective jurisdictions shall place signs which are clearly visible to an ordinarily observant person prohibiting the turning of a vehicle to proceed in the opposite direction. The signs shall be official signs and no person shall turn any vehicle in violation of the restrictions stated on such signs. [L 1971, c 150, pt of §1; am L 1974, c 133, §3]
Haw. Rev. Stat. § 291D-13 — HI Code / Division 1 / Title 17 / Chapter 291D / Section 291D-13
Trial and concurrent trial.
Status: in_force

(a) There shall be no right to trial unless the defendant contests the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction pursuant to section 291D-8. If, after proceedings to contest the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, a determination is made that the defendant committed the traffic infraction, emergency period infraction, or fireworks infraction, judgment shall enter in favor of the State. The defendant may request a trial pursuant to the Hawaii rules of evidence and the rules of the district court; provided that any request for trial shall be made within thirty days of entry of judgment. If, after appearing in person at a hearing to contest the notice of traffic infraction, notice of emergency period infraction, or notice of fireworks infraction, the person requests a trial at the conclusion of the hearing, the court shall provide the person with the trial date as soon as practicable.

(b) At the time of trial, the State shall be represented by a prosecuting attorney of the county in which the infraction occurred. The prosecuting attorney shall orally recite the charged civil traffic infraction, emergency period infraction, or fireworks infraction in court before commencement of the trial. Proof of the defendant's commission of the traffic infraction, emergency period infraction, or fireworks infraction shall be by a preponderance of the evidence.

(c) If trial on the traffic infraction, emergency period infraction, or fireworks infraction is held before trial on any related criminal offense, the following shall be inadmissible in the subsequent prosecution or trial of the related criminal offense:

(1) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 291D-7(b); and

(2) Any testimony given by the defendant in the traffic infraction, emergency period infraction, or fireworks infraction trial.

The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.

(d) In any concurrent trial, the State shall be represented by a prosecuting attorney of the county in which the infraction and related crime occurred. Proof of the defendant's commission of the infraction shall be by a preponderance of the evidence, and proof of the related criminal offense shall be by proof beyond a reasonable doubt. The concurrent trial shall be conducted pursuant to the rules of the appropriate court, the Hawaii rules of evidence, and the Hawaii rules of penal procedure. [L 1993, c 214, pt of §2; am L 1997, c 60, §13; am L 2007, c 85, §9; am L 2021, c 185, §14; am L 2025, c 243, §28]
Haw. Rev. Stat. § 286-311 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-311
Custody and use of records; confidential information.
Status: in_force

(a) All information and records acquired by the examiner of drivers under this part shall be confidential; provided that the examiner may transmit voter registration information as required under sections 11-15.7, 286-111.5, 286-303.5, 286-111, and 286-303. All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the examiner. The information shall be available only to authorized individuals under restrictions as the director shall prescribe. The examiner may dispose of any application or identification card, or information or record relating to the application or identification card, that does not include a social security number, without regard to chapter 94, whenever, in the examiner's discretion, retention of the information or record is no longer required or practicable.

(b) No officer or employee of the examiner of drivers shall divulge any information concerning any cardholder acquired from the records of the examiner or acquired in the performance of any of the officer's or employee's duties under part VI and this part to any individual not authorized to receive the same pursuant to part VI and this part. No individual acquiring from the records any information concerning any cardholder shall divulge the information to any individual not so authorized to receive the same. [L 2012, c 310, pt of §2; am L 2021, c 126, §7]
Haw. Rev. Stat. § 291C-75 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-75
Pedestrians to use right half of crosswalks.
Status: in_force

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
Haw. Rev. Stat. § 286-236.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-236.5
Renumbered as §286-102.
Status: in_force

§286-236.5 Renumbered as §286-102.3.
Haw. Rev. Stat. § 291E-35 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-35
Immediate restoration of license.
Status: in_force

(a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321‑161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than .08, the director or the arresting law enforcement agency immediately shall return the respondent's license along with a certified statement that administrative revocation proceedings have been terminated with prejudice.

(b) In cases involving a drug related offense, if a test conducted in accordance with part II and section 321‑161 and the rules adopted thereunder fails to show the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the director or the arresting law enforcement agency immediately shall return the respondent's license along with a certified statement that administrative revocation proceedings have been terminated with prejudice. [L 2000, c 189, pt of §23; am L 2001, c 157, §16; am L 2012, c 327, §12]
Haw. Rev. Stat. § 287-5 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-5
Security required unless evidence of insurance.
Status: in_force

If twenty days after the receipt of a report of a motor vehicle accident within this State which has resulted in bodily injury or death or damage to property of any one person in excess of $3,000, the administrator does not have on file evidence satisfactory to the administrator that the person who would otherwise be required to file security under section 287-6 has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the administrator shall determine the amount of security which is sufficient in the administrator's judgment to satisfy any judgment or judgments for damages resulting from the accident as may be recovered against each driver or owner. This section shall be applicable to each driver or owner notwithstanding that the administrator determines that the amount of security required hereunder shall as to any such driver or owner be less than $3,000.
Haw. Rev. Stat. § 286-18 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-18
Rules.
Status: in_force

The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L Sp 1977 1st, c 20, pt of §8]
Haw. Rev. Stat. § 291C-94 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-94
Emerging from alley, driveway, or building.
Status: in_force

The driver of a vehicle emerging from an alley, building, private road, or driveway or from any public or private property other than a highway that is adjacent to a bicycle lane, bicycle path, sidewalk, or sidewalk area shall stop the vehicle immediately prior to driving onto the bicycle lane, bicycle path, sidewalk, or sidewalk area extending across the alley, building entrance, road, or driveway, or such public or private property, or in the event there is no bikeway or sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon.
Haw. Rev. Stat. § 291E-16 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-16
REPEALED.
Status: in_force

L 2009, c 88, §§10, 17(1).
Haw. Rev. Stat. § 291C-26 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-26
Authorized emergency vehicles.
Status: in_force

(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm and vehicles used by police officers while in the performance of a police function, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(b) The driver of an authorized emergency vehicle may:

(1) Park or stand irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as the driver does not endanger life or property;

(4) Disregard regulations governing direction of movement or turning in specified directions;

(5) Drive on the shoulder and median of roadways; and

(6) Drive in controlled-access roadways, highways, and facilities.

(c) The exemptions granted in subsection (b) to an authorized emergency vehicle shall apply only when the vehicle is making use of authorized audible and visual signals; provided that use of an authorized audible signal shall not be required if it is not reasonably necessary under the circumstances. This subsection shall not apply to police vehicles.

(d) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall those provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others. [L 1971, c 150, pt of §1; gen ch 1985; am L 2002, c 93, §1; am L 2003, c 112, §2; am L 2023, c 16, §2]
Haw. Rev. Stat. § 291C-225 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-225
Failure to comply with summons or citation.
Status: in_force

If a violator of this part does not return an answer in response to a summons or citation within a period of fourteen days upon receipt of the summons or citation, the traffic, emergency period, and fireworks violations bureau shall issue to the registered owner of the vehicle a penal summons ordering the registered owner's appearance in court.
Haw. Rev. Stat. § 286-135 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-135
Renting motor vehicle to another.
Status: in_force

Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person, and the date and place when and where the license was issued. The record shall be open to inspection by any police officer or the examiner of drivers or the examiner's representative.
Haw. Rev. Stat. § 286-245 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-245
Driving record information to be recorded and furnished.
Status: in_force

(a) Whenever a person is convicted of a moving traffic violation based on a statute, ordinance, or rule, fails to appear for a hearing, trial, or other court or administrative proceeding on the moving traffic violation, or fails to pay a fine or court cost ordered for a moving violation, the state judiciary shall forward to the examiner of drivers the record of the conviction. The record of conviction shall include whether the offender was operating a commercial motor vehicle at the time of the offense, whether the offender was transporting hazardous materials requiring placarding under title 49 Code of Federal Regulations part 172, subpart F, the citation date, the conviction date, the citation number, the court in which the conviction occurred, and the offenses for which the person has been convicted. No record of conviction transmitted and maintained in the statewide traffic records system shall be used for purposes other than the licensing of drivers, including any record 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 if, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial learner's permit or commercial driver's license has been revoked, suspended, or canceled, or the driver has been otherwise disqualified from operating a commercial motor vehicle; or

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

(b) Within ten days of an in-state conviction and within ten days of the receipt of notice of an out-of-state conviction, the examiner of drivers shall record and maintain as part of the driver's record:

(1) All convictions, disqualifications, and other licensing actions for violations in this State and out-of-state, of any law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle, by a holder of a commercial learner's permit or a commercial driver's license; and

(2) All convictions, disqualifications, and other licensing actions for violations in this State and out-of-state, of any law relating to motor vehicle traffic control, other than a parking violation, committed while the driver was operating a commercial motor vehicle and was required to have a commercial learner's permit or commercial driver's license.

(c) No commercial learner's permit or commercial driver's license driver's conviction for any violation in any type of motor vehicle of a state or local traffic control law, except a parking violation, shall be expunged or subject to deferred imposition of judgment nor shall an individual be allowed to enter into a diversion program that would prevent the conviction from appearing on the driver's driving record, whether the driver was convicted for an offense committed in this State or another state.

(d) The state judiciary and the examiner of drivers shall make available to the greatest extent possible information from any driver's record required for enforcement of this section to the users designated in subsection (f) or their authorized agent, within ten days of:

(1) Receiving the conviction or disqualification information from another state; or

(2) Receiving the conviction information for a violation occurring in this State.

(e) All convictions, disqualifications, and other licensing actions for violations shall be retained on each driver's record for at least three years or longer if required under title 49 Code of Federal Regulations section 384.231(d).

(f) Only the following users or their authorized agents may obtain a driver's record:

(1) States may receive all information regarding any driver's record;

(2) The Secretary of Transportation may receive all information regarding any driver's record;

(3) A driver may receive only information related to that driver's record; and

(4) A motor carrier employer or prospective motor carrier employer may receive all information regarding an employee driver's driving record, or the driving record of a prospective employee driver; provided that the request is made by the driver.

(g) The traffic, emergency period, and fireworks violations bureaus of the district courts, upon request, shall furnish users designated in subsection (f) with a certified driver record listing all convictions, disqualifications, and licensing actions in this State and notification of any action received from other states that are recorded and maintained by the examiner of drivers. The traffic, emergency period, and fireworks violations bureaus shall collect a fee for requests by users designated in subsection (f)(3) and (4), not to exceed $9, of which $5 shall be deposited into the general fund, $2 shall be deposited into the judiciary computer system special fund, and $2 shall be deposited into the highway fund.

(h) Beginning January 30, 2012, the examiner of drivers shall:

(1) Post on the commercial driver's license information system and maintain as part of the driver's record the driver's self-certification of type of driving under title 49 Code of Federal Regulations section 383.71(a)(1)(ii);

(2) Retain for at least three years after the date of issuance the original or a copy of the medical certificate of any driver required to provide documentation of physical qualification;

(3) Post within ten calendar days the information from the medical examiner's certificate to the commercial driver's license information system driver record, including:

(A) The medical examiner's name;

(B) The medical examiner's telephone number;

(C) The date of issuance of the medical examiner's certificate;

(D) The medical examiner's license number and the state that issued it;

(E) The medical examiner's number issued by the national registry of medical examiners as required under title 49 United States Code section 31149(d);

(F) The driver's medical certification status as certified or not-certified;

(G) The expiration date of the medical examiner's certificate;

(H) The existence of any medical variance on the medical certificate, such as an exemption or skill performance evaluation;

(I) Any restrictions including corrective lenses, hearing aids, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and

(J) The date the medical examiner's certificate information was posted to the commercial driver's license information system driver record; and

(4) Record the commercial driver's license downgrade within sixty days of the driver's medical certification status becoming not-certified to operate a commercial driver's license. [L 1989, c 320, pt of §2; am L 1990, c 342, §15; am L 1993, c 268, §8; am L 1995, c 114, §8; am L 2004, c 103, §11; am L 2006, c 130, §9; am L 2011, c 121, §7; am L 2013, c 114, §15; am L 2021, c 185, §17; am L 2025, c 243, §35]
Haw. Rev. Stat. § 291C-102 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-102
Noncompliance with speed limit prohibited.
Status: in_force

(a) A person violates this section if the person drives:

(1) A motor vehicle at a speed greater than the maximum speed limit other than provided in section 291C‑105; or

(2) A motor vehicle at a speed less than the minimum speed limit,

where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.

(b) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund. [L 1971, c 150, pt of §1; am L 1984, c 273, §8; gen ch 1985; am L 2002, c 160, §10; am L 2004, c 102, §2; am L 2006, c 129, §3]
Haw. Rev. Stat. § 289-2 — HI Code / Division 1 / Title 17 / Chapter 289 / Section 289-2
Unlicensed person not to engage in business.
Status: in_force

It shall be unlawful for any person or organization, not duly licensed under this chapter, to engage in the business of:

(1) Purchasing or selling used motor vehicle parts or accessories; or

(2) Engaging in the business of wrecking, salvaging, or dismantling motor vehicles for the purpose of reselling the parts or accessories thereof. [L 1967, c 277, §3; HRS 289-2; am L 1984, c 276, §9]
Haw. Rev. Stat. § 287-42 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-42
Self-insurers.
Status: in_force

(a) Any person in whose name more than twenty-five motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the administrator as provided in subsection (b) of this section.

(b) The administrator may, in the administrator's discretion, upon the application of such a person, issue a certificate of self-insurance when the administrator is satisfied that the person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.

(c) Upon not less than five days' notice and a hearing pursuant to the notice, the administrator may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty days after the judgment has become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance. [L 1949, c 393, pt of §1; RL 1955, §160-120; HRS §287-42; am L 1980, c 84, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 291-21.3 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-21.3
Definitions.
Status: in_force

As used in this chapter:

"Flatrack" means an open-sided platform mounted on a chassis without motive power designed to be drawn by a motor vehicle and used to carry property.

"FMVSS" means the Federal Motor Vehicle Safety Standards.

"Glazing material" means any glass, plastic, or like material, manufactured for use in or on a vehicle, including but not limited to windshields, window openings, or interior partitions.

"Light transmittance" means the ratio of the amount of total visible light, expressed in percentages, which is allowed to pass through the product or material, including the glazing material, to the amount of total visible light falling on the product or material and the glazing material.

"Sun screening devices" means products or materials used or designed to be used in conjunction with glazing materials for the purpose of reducing the effects of the sun, including, but not limited to tinting films and perforated sun screening materials, but excluding louvered materials. [L 1983, c 294, pt of §2; am L 1986, c 188, §1; am L 1994, c 30, §1]
Haw. Rev. Stat. § 291C-223 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-223
Summons or citation for illegal use of high occupancy vehicle lane.
Status: in_force

Whenever any motor vehicle is observed operating in a high occu­pancy vehicle lane without the prescribed number of passengers, the officer observ­ing the vehicle shall:

(1) Cause a summons or citation as described in section 291C-165 to be issued at the scene of the violation to the operator of the vehicle; or

(2) Make every reasonable effort to be seen by the operator of the vehicle and record evidence of the violation by taking any information displayed on the vehicle that may identify its registered owner and cause a summons or citation as described in section 291C-165 to be sent by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident, to the registered owner of the vehicle at the address on record at the vehicle licensing division. If the end of the forty-eight hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day which is not a Saturday, Sunday, or holiday. Upon receipt, the registered owner shall be given fourteen days to respond to the summons or citation by:

(A) Paying a fine by mail; or

(B) Requesting that a hearing be set on the matter.

A mail receipt signed by the registered owner is prima facie evidence of notification. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, §4; am L 2000, c 240, §5; am L 2002, c 58, §2]
Haw. Rev. Stat. § 291C-125 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-125
Opening and closing vehicle doors.
Status: in_force

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with, or causing immediate hazard to the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Haw. Rev. Stat. § 291C-122 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-122
Limitations on backing.
Status: in_force

(a) The driver of a vehicle shall not back it unless such movement can be made with safety and without interfering with other traffic.

(b) The driver of a vehicle shall not back it upon any shoulder or roadway of any controlled-access highway. [L 1971, c 150, pt of §1]
Haw. Rev. Stat. § 291-11 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-11
Riders and passengers under seven years of age on motorcycles and motor scooters prohibited; penalty.
Status: in_force

(a) It shall be unlawful for any driver of a motorcycle or motor scooter to carry as a passenger or to permit to ride thereon any person under the age of seven years.

(b) A driver of a motorcycle or motor scooter shall be permitted to carry as a passenger or permit to ride thereon any person under the age of seven years; provided that the motorcycle or motor scooter:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6.

(c) A motorcycle or motor scooter driver who violates this section shall be fined not more than $200. [L 1967, c 214, §20; HRS §291-11; am L 1968, c 48, §4; am L 1970, c 164, §3; am L 1994, c 120, §3]
Haw. Rev. Stat. § 286-6 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-6
County traffic or highway safety councils.
Status: in_force

There is established in each county a county traffic or highway safety council. The respective county councils may make appropriations to meet the necessary expenses of their respective traffic or highway safety councils.

The following or their designated representatives shall be members of a county traffic or highway safety council: the mayor; the chief of police; the prosecuting attorney, corporation counsel, or county attorney; the traffic engineer, chairperson of the traffic commission or safety program coordinator; and not more than fifteen other persons residing in the county who shall be appointed by the mayor on the basis of their interest in highway safety and their knowledge of local conditions.

The county traffic or highway safety council shall advise the mayor on matters relating to highway safety. [L 1967, c 214, pt of §2; HRS §286-6; gen ch 1993]

Revision Note

"Boards of supervisors", "county chairman", and "public prosecutor" deleted to conform to county charters.
Haw. Rev. Stat. § 286-66 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-66
Director in charge.
Status: in_force

The director of [Hawaii] emergency management shall be responsible for processing all applications for the special license plates and shall make all necessary arrangements for the purchase and issuance thereof.

The administrator of the county emergency management agency shall assist the director of [Hawaii] emergency management in the administration of this part, which includes but is not limited to, the receipt of applications, the collection and payment of fees, the issuance of special license plates, the transmittal of the list of special license plates issued together with the names and addresses to whom issued to the director of [Hawaii] emergency management and the respective chief of police and the respective licensing officer of each county, and any other duties as may be prescribed by the director of [Hawaii] emergency management. The chief of police and licensing officer of each county shall keep a record of the list of special license plates issued together with the names and addresses to whom issued in their respective office and may discard the list when it is more than six years old. [L 1955, c 67, §5; RL 1955, §160-224; HRS §286-66; am L 1969, c 189, §5; am L 2014, c 111, §28]
Haw. Rev. Stat. § 291-3.1 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-3.1
Consuming or possessing intoxicating liquor while operating motor vehicle or moped.
Status: in_force

(a) No person shall consume any intoxicating liquor while operating a motor vehicle or moped upon any public street, road, or highway.

(b) No person shall possess, while operating a motor vehicle or moped upon any public street, road, or highway, 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.

(c) Any person violating this section shall be fined not more than $2,000 or imprisoned not more than thirty days, or both. [L 1981, c 152, pt of §1; am L 1986, c 171, §3; am L 1987, c 33, §7; am L 1998, c 287, §3; am L 2000, c 62, §1]
Haw. Rev. Stat. § 286-239 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-239
Commercial driver's license.
Status: in_force

(a) Commercial driver's licenses may be issued with the following categories:

(1) Category A – Any combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more; provided that the gross vehicle weight rating of the vehicles being towed is in excess of ten thousand pounds;

(2) Category B – Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle not in excess of ten thousand pounds; and

(3) Category C – Any single vehicle or combination of vehicles that meets neither the definition of category A nor that of category B, but that is either:

(A) Designed to transport sixteen or more passengers, including the driver; or

(B) Used in the transportation of hazardous materials which requires the vehicle to comply with title 49 Code of Federal Regulations part 172, subpart F .

(b) Commercial drivers' licenses may be issued with any one or more of the following endorsements and restrictions:

(1) "E" – Restricts the driver to vehicles not equipped with any manual transmission;

(2) "H" – Authorizes the driver to drive a vehicle transporting hazardous materials;

(3) "K" – Restricts the driver from operating in interstate commerce as defined in title 49 Code of Federal Regulations section 390.5;

(4) "L" – Restricts the driver to vehicles not equipped with air brakes;

(5) "M" – Restricts the driver from operating a class A passenger vehicle;

(6) "N" – Authorizes driving tank vehicles;

(7) "N" – Restricts the driver from operating a class A and B passenger vehicle;

(8) "O" – Restricts the driver to non-tractor trailer commercial motor vehicles;

(9) "P" – Authorizes driving vehicles carrying passengers;

(10) "Q" – Restricts the driver from operating a commercial motor vehicle in excess of eighteen thousand pounds gross vehicle weight rating;

(11) "R" – Restricts the driver to operating a commercial motor vehicle on Lanai and Molokai only;

(12) "S" – Authorizes driving school buses;

(13) "T" – Authorizes driving double and triple trailers;

(14) "V" – Indicates there is information about a medical variance on the commercial driver's license information system driver record;

(15) "X" – Represents a combination of hazardous materials and tank vehicle endorsements; and

(16) "Z" – Restricts the driver to vehicles not equipped with full air brakes.

(c) The holder of a valid commercial driver's license may drive all vehicles in the category for which the license is issued, and all lesser categories of vehicles except motorcycles and except vehicles which require an endorsement, unless the proper endorsement appears on the license.

(d) Before issuing a commercial 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 under state law, and whether the applicant has a driver's license from more than one state or jurisdiction. The record check shall be made no earlier than twenty-four hours prior to the initial issuance or transfer and no sooner than ten days before renewals and upgrades of a commercial driver's license. 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 of licensure;

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

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

(4) 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. This check is only required for drivers renewing a commercial driver's license for the first time after September 30, 2002; provided that a notation is made on the driver's record confirming the check has been made and the date it was done.

(e) Within ten days after issuing a commercial driver's license, the examiner of drivers, in the following situations, shall provide the operator of the commercial driver's license information system with all information obtained by the examiner that is necessary to identify the licensee:

(1) The issuance of each commercial driver's license;

(2) The notation of any changes in driver identification information; and

(3) The notation of any changes to the driver's driving record relating to the transfer of a commercial driver's license from one state to another.

(f) Commercial driver's licenses shall expire as follows:

(1) An initial or renewed commercial driver's license with a hazardous materials endorsement shall expire no later than five years from its date of issuance, except if the licensee is seventy-two years of age or older. The expiration date of a commercial driver's license with a hazardous materials endorsement shall be the same expiration date as the hazardous materials endorsement. If the licensee is seventy-two years of age or older, the initial or renewed commercial driver's license with a hazardous materials endorsement shall not exceed two years; and

(2) All other initial commercial driver's licenses shall be valid for not more than an eight-year period, expiring on the driver's birthday. All other renewed licenses shall be valid for not more than an eight-year period from the expiration date of the previous valid license. With the exception of a commercial driver's license with a hazardous materials endorsement, the commercial driver's license shall expire on the next birthday of the licensee occurring not more than eight years after the date of issuance of the license unless sooner revoked, suspended, or canceled; provided that, unless sooner revoked, suspended, or canceled, the license shall expire on the second birthday of the licensee following the issuance of the license if at that time the licensee is seventy-two years of age or older.

(g) When applying for renewal of a commercial driver's license, the applicant shall complete the required application form and provide updated information and required certifications. If the applicant desires to retain a hazardous materials endorsement, the knowledge test for a hazardous materials endorsement shall also be taken and passed by the applicant. The examiner of drivers shall complete a check of the applicant's driving record as required under subsection (d). [L 1989, c 320, pt of §2; am L 1990, c 342, §9; am L 1995, c 114, §3; am L 1998, c 93, §2; am L 2003, c 15, §1; am L 2004, c 103, §7; am L 2006, c 23, §1 and c 130, §5; am L 2010, c 83, §1; am L 2011, c 121, §3; am L 2013, c 114, §9; am L 2014, c 72, §4; am L 2024, c 137, §1]
Haw. Rev. Stat. § 291C-4 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-4
Safe routes to school program special fund; establishment.
Status: reserved

There shall be established in the state treasury the safe routes to school program special fund, into which shall be deposited:

(1) Assessments collected for speeding in a school zone, pursuant to section 291C-104;

(2) Safe routes to school program surcharges collected in accordance with sections 291-16 and 291C-5;

(3) Moneys collected from state reserved parking space enforcement fines pursuant to sections 291-57 and 291-72;

[(4)] The surcharge collected pursuant to section 249-37; and

[(5)] Fines collected for street parking restrictions pursuant to section 291C-116. [L 2012, c 317, pt of §2; am L Sp 2021, c 9, §62; am L 2025, c 112, §4, c 171, §3, and c 212, §5]
Haw. Rev. Stat. § 291C-143 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-143
Riding on bicycles.
Status: in_force

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereon.

(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. [L 1971, c 150, pt of §1; am L 1976, c 148, §3; am L 1978, c 175, §12]
Haw. Rev. Stat. § 291C-127 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-127
Coasting prohibited.
Status: in_force

The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of the vehicle in neutral or with the clutch disengaged.
Haw. Rev. Stat. § 291-8 — HI Code / Division 1 / Title 17 / Chapter 291 / Section 291-8
Freight on motor cars; projection of, prohibited.
Status: in_force

It shall be unlawful for any person driving, operating, or in charge of any motor car or truck used for the transportation of passengers, to carry or permit to be carried any baggage or freight on the motor car or truck in such manner that the same or any part thereof projects beyond the extreme width of the motor car or truck.
Haw. Rev. Stat. § 290-25 — HI Code / Division 1 / Title 17 / Chapter 290 / Section 290-25
Effect of transfer of title.
Status: in_force

The transfer of title and interest by sale under this part is a transfer by operation of law; provided that if the certificate of ownership or registration is unavailable, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.
Haw. Rev. Stat. § 286-238.2 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-238.2
Commercial learner 's permit.
Status: in_force

(a) A commercial learner's permit shall be tamperproof; be marked with the words "commercial learner's permit" or "CLP" displayed prominently; include a statement that it is not valid for driving a commercial motor vehicle unless presented with the underlying commercial driver's license or non-commercial driver's license; and shall include but not be limited to the following with respect to the licensee:

(1) The full name and current mailing, residential, and business addresses;

(2) A physical description including sex and height;

(3) Date of birth;

(4) Signature;

(5) The date of issuance and the date of expiration of the permit; and

(6) The driver's state license number.

The commercial learner's permit shall not contain a photograph, digitized image, or other visual representation of the driver.

(b) A commercial learner's permit may be issued for the following vehicle categories:

(1) Category A – Any combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more; provided that the gross vehicle weight rating of the vehicles being towed is in excess of ten thousand pounds;

(2) Category B – Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle not in excess of ten thousand pounds; and

(3) Category C – Any single vehicle or combination of vehicles that meets neither the definition of category A nor that of category B, but that is either:

(A) Designed to transport sixteen or more passengers; or

(B) Used in the transportation of hazardous materials that require the vehicle to comply with title 49 Code of Federal Regulations, part 172, subpart F.

(c) A commercial learner's permit may be issued with any one or more of the following endorsements and restrictions:

(1) "P" – Authorizes driving passenger carrying vehicles; a commercial learner's permit holder with a " P " endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license holder accompanying the commercial learner's permit holder; this endorsement is vehicle class specific;

(2) "N" – Authorizes driving tank vehicles; a commercial learner's permit holder with an " N " endorsement may only operate with an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of all residue;

(3) "S" – Authorizes driving school buses; a commercial learner's permit holder with an " S " endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license holder accompanying the commercial learner's permit holder; this endorsement is vehicle class specific;

(4) "P" – Restricts the driver from carrying passengers other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver's license holder accompanying the commercial learner's permit holder; or

(5) "X" – Restricts the driver from carrying cargo in a commercial motor vehicle tank and prohibits operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.

(d) If the commercial learner's permit is a non-domiciled commercial learner's permit, it must contain the prominent statement that the permit is a " non-domiciled commercial learner's permit " , or " non-domiciled CLP " , as appropriate; the word " non-domiciled " shall be conspicuously and unmistakably displayed, but may be noncontiguous with the words " commercial learner's permit " , or " CLP " .

(e) Before issuing a commercial learner's permit, the examiner of drivers shall complete a check of the applicant's driving record as provided in section 286-239(d) or (g). [L 2013, c 114, §1; am L 2014, c 72, §3]
Haw. Rev. Stat. § 286-235 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-235
Commercial driver's license required.
Status: in_force

(a) No person shall drive a commercial motor vehicle unless the person holds a valid commercial driver's license and valid applicable endorsements and restrictions for the vehicle the person is driving, except when driving under a commercial learner's permit and accompanied by the holder of a valid commercial driver's license for the vehicle being driven.

(b) No person shall operate a commercial motor vehicle without a commercial driver's license in such person's possession.

(c) No person shall drive a commercial motor vehicle while the person's driver's license or permit is suspended, revoked, or canceled, or while subject to a disqualification.

(d) No person shall drive a commercial motor vehicle in violation of an out-of-service order. [L 1989, c 320, pt of §2; am L 1990, c 342, §6; am L 2009, c 46, §2; am L 2012, c 311, §3; am L 2013, c 114, §6]
Haw. Rev. Stat. § 288-3 — HI Code / Division 1 / Title 17 / Chapter 288 / Section 288-3
Common carriers of passengers to be insured.
Status: in_force

It shall be unlawful for any motor vehicle common carrier of passengers to operate upon or use the public streets or highways of the several counties until it has filed with the treasurer or director of finance of the county in which it is to operate the written certificate of any insurer duly authorized to do business in the State certifying that there is in effect a policy of liability insurance for the benefit of the carrier.
Haw. Rev. Stat. § 286-304 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-304
Procedure.
Status: in_force

(a) All information required by section 286-303 shall be obtained by employees of the examiner of drivers as provided for by rules of the director and by individual interviews with the applicant for the identification card or parent, individual in loco parentis, or guardian, as shown by letters of guardianship. Every applicant or individual providing information on behalf of any applicant under part VI and this part shall answer truthfully all questions, furnish all information within the possession or knowledge of the individual that may be asked or required by the employee within the scope of the requirements of this part, and submit to the examiner of drivers all information and supporting documentation required by rules of the director.

(b) Special provisions may be made by rules adopted by the director.

(c) The examiner of drivers may require an applicant, or any individual providing information on behalf of an applicant, to furnish original or certified copies of documents to establish or corroborate the information required to establish identity under this part and may, by rules, set forth what documents will be required to support or corroborate certain information.

(d) For a person who qualifies as homeless pursuant to section 346-361, the examiner of drivers shall accept a signed sworn statement from a member of a victim services organization, an attorney, a member of the clergy, correctional institution staff, a medical or other health professional from whom the person has sought services, or a verification letter from a homeless service provider as documentary evidence of the person's address. [L 2012, c 310, pt of §2; am L 2015, c 243, §1]
Haw. Rev. Stat. § 290-45 — HI Code / Division 1 / Title 17 / Chapter 290 / Section 290-45
Penalties.
Status: in_force

Whoever violates any of the provisions of this chapter or any lawful rule adopted by the director of finance under authority of this chapter, for the violation of which no penalty is provided by law, shall be fined not less than $150 nor more than $500.
Haw. Rev. Stat. § 286-233 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-233
Notification requirements.
Status: in_force

(a) Any driver of a commercial motor vehicle holding a commercial driver's license or a commercial learner's permit issued by this State who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state, or federal, provincial, territorial, or municipal laws of Canada or Mexico, other than parking violations, in any type of motor vehicle, shall notify the examiner of drivers in the manner specified by the director within thirty days of the date of conviction. Any driver of a commercial motor vehicle holding a commercial driver's license or a commercial learner's permit issued by this State, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, or federal, provincial, territorial, or municipal laws of Canada or Mexico, other than parking violations, in any type of motor vehicle, shall notify the person's current employer in writing of the conviction within thirty days of the date of conviction.

(b) Each commercial driver whose driver's license or permit is suspended, revoked, or canceled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the person's current employer of the suspension, revocation, or cancellation before the end of the business day following the day the driver received notice of the suspension, revocation, cancellation, or disqualification.

(c) The written notice to the examiner of drivers and current employer as required by subsection (a) shall contain the following information:

(1) Driver's full name;

(2) Driver's license number;

(3) Date of conviction;

(4) Each specific criminal or other offense, or serious traffic violation of state or local law relating to motor vehicle traffic control, of which the person was convicted, and any suspension, revocation, or cancellation of driving privileges which resulted from that conviction;

(5) Indication whether the violation was in a commercial motor vehicle;

(6) Location of offense; and

(7) Driver's signature.

(d) Each person who drives a commercial motor vehicle and applies for employment as a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:

(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(2) The dates between which the applicant drove for each employer; and

(3) The reason for leaving each employer.

The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. [L 1989, c 320, pt of §2; am L 1990, c 342, §5; am L 1993, c 268, §4; am L 2013, c 114, §4]
Haw. Rev. Stat. § 289-4 — HI Code / Division 1 / Title 17 / Chapter 289 / Section 289-4
Issuance of license.
Status: in_force

The director of finance shall file each application received by the director of finance with the required fee and, when satisfied that the applicant, if an individual, or each of the partners or principal officers of the applicant, if a partnership or corporation, is of good moral character and that the applicant, so far as can be ascertained, has complied with and will comply with this chapter and the laws of the State relating to registration of motor vehicles, shall issue to the applicant a license permitting the applicant to engage in the business described in the applicant's application, at the address or addresses therein specified until June30 next following the date of issuance of the license unless sooner terminated, suspended, or revoked. All applications for renewal of license shall be filed on or before June 30 of each year together with the applicable fees.
Haw. Rev. Stat. § 291C-106 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-106
Speed limit for Daniel K.
Status: in_force

Inouye highway. Notwithstanding any other law to the contrary, the speed limit for the Daniel K. Inouye highway shall be sixty miles per hour beginning at mile marker 12; provided that the speed limit shall be forty-five miles per hour or any other speed limit as determined pursuant to sections 291C-102, 291C-104, or 291C-105, beginning at the Pohakuloa training area and ending one-half mile east of the Mauna Kea county park entrance.
Haw. Rev. Stat. § 291C-63 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-63
Vehicle entering stop or yield intersection.
Status: in_force

(a) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs.

(b) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the other highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

(c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection; provided that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver's failure to yield right-of-way. [L 1971, c 150, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 291C-196 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-196
Driving mopeds on roadways.
Status: in_force

(a) Every person driving a moped, except a three-wheeled moped, upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, except under any of the following situations:

(1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices;

(2) When reasonably necessary to avoid conditions (including, but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge; and

(3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a moped may ride as near to the left-hand side of the roadway as practicable.

(b) Persons driving mopeds upon a roadway shall drive in single file.

(c) No person shall drive a moped on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a moped on any path or other area intended for the exclusive use of pedestrians.

(d) A three-wheeled moped shall be restricted to traveling on roadways with a posted speed limit of thirty-five miles per hour or less. [L 1978, c 175, pt of §15; am L 1982, c 38, §1; am L 2008, c 197, §2]
Haw. Rev. Stat. § 286-27 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-27
Permits to operate official inspection stations.
Status: in_force

(a) The department of transportation, referred to in this section and sections 286-28 and 286-29 as "the department", shall be responsible for issuing permits for and furnishing instructions and all forms to official inspection stations. The stations shall operate in the manner directed by the department pursuant to standards established by the director of transportation.

(b) Application for an official inspection permit shall be made upon an official form and shall be granted only when the department is satisfied that the station is equipped properly and has competent personnel to make the required inspections. Before issuing a permit, the department shall require the applicant to file proof that the applicant has, in effect, a liability insurance policy, issued to the applicant by an insurance company authorized to do business in the State, insuring against the liability of the applicant and any of the applicant's employees in minimum amounts as follows: comprehensive public liability insurance in the amount of $10,000 for one person and $20,000 for one accident and comprehensive property damage insurance of $5,000; provided that the director of transportation by rules may establish higher limits; provided that the proof of insurance need not be filed by an applicant who shall inspect only vehicles owned by the applicant; and provided further that the proof of insurance need not be filed by instrumentalities of the United States.

(c) Official inspection stations in this State shall be exempt from liability arising from the destruction of property or injury to persons caused by special interest vehicles; provided that the official inspection station:

(1) Meets the requirements of subsection (b); and

(2) Exercises due diligence in inspecting special interest vehicles in accordance with applicable standards for motor vehicle and equipment safety for special interest vehicles.

(d) A permit for an official station shall not be assigned or transferred or used at any location other than that designated by the department and every permit shall be posted in a conspicuous place at the location designated.

(e) The counties shall provide for the necessary administrative and enforcement services.

(f) The counties shall be reimbursed the costs incurred in providing the services under subsection (e). [L 1967, c 214, pt of §2; HRS §286-27; am L 1968, c 48, §2(c); am L 1969, c 128, §1(5); am L Sp 1977 1st, c 20, §12; gen ch 1985; am L 1988, c 253, §2; am L 1989, c 326, §2; am L 1997, c 246, §4]
Haw. Rev. Stat. § 291E-2 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-2
Medical services.
Status: in_force

The several county and state government physicians shall, or any other qualified person may, make whatever tests and analyses as may be requested of them by any law enforcement officer in connection with the determination of whether a person is or was under the influence of an intoxicant or has consumed a measurable amount of alcohol for any purpose under this chapter.
Haw. Rev. Stat. § 290-23 — HI Code / Division 1 / Title 17 / Chapter 290 / Section 290-23
Sale or disposition of vehicle.
Status: in_force

When a vehicle is abandoned, the owner of the vehicle repair business, or the owner's authorized representative, after one public advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vehicle or dispose of it as junk.
Haw. Rev. Stat. § 286-52.5 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-52.5
Procedure when registration of a trailer transferred.
Status: in_force

(a) Upon transfer of registered ownership in or to a trailer, the person whose interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of registration issued for the trailer, together with the address of the transferee in the appropriate space provided upon the certificate.

(b) Within thirty calendar days of the transfer of registered ownership of a trailer, the transferee shall forward the certificate of registration to the director of finance who shall file the certificate. Whenever a transferee fails to comply with this section, the director of finance shall charge the transferee a fee of $50, in addition to the fee provided in this section, for the issuance of a new certificate of registration.

(c) If the director of finance has ascertained as of the date of the application that the registered owner has not deposited or paid bail with respect to any summons or citation issued to the registered owner for stopping, standing, or parking in violation of traffic ordinances within the county or has outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle under the registered owner, including for costs related to towing, storage, processing, and disposal , the director may require, as a condition precedent to the transfer, that the registered owner deposit or pay bail with respect to all such summonses or citations or pay all outstanding charges and fines relating to the disposition of the abandoned vehicle; provided that payment of all outstanding charges and fines relating to the disposition of the abandoned vehicle shall not be a condition precedent to the transfer if the abandoned vehicle was stolen or taken from the registered owner without permission or authorization and a police report for the abandoned vehicle is filed within a period of time, to be determined by the director of finance of each county, after discovery of the abandoned vehicle.

(d) The director of finance, upon receipt of the certificate of registration properly endorsed, shall register the trailer and shall issue to the owner thereof by reason of the transfer a new certificate of registration in the manner and form provided for original registration.

(e) Until the director of finance has issued the new certificate of registration as provided in subsection (d), delivery of such trailer shall be deemed not to have been made and registration thereto shall be deemed not to have passed, and the intended transfer shall be deemed to be incomplete and not to be valid or effective for any purpose.

(f) In the event of the transfer by operation of law in or to a trailer registered under section 286-47.2, as upon inheritance, devise, or bequest, order in bankruptcy, or insolvency, execution sale, repossession upon default in performance of the terms of a lease or executory sales contract, or otherwise than by the voluntary act of the person whose interest is to be transferred, the certificate of registration shall be signed upon the spaces provided by the personal representative of, or successor in interest of the person whose registered ownership or interest is so transferred in lieu of such person. Every personal representative, receiver, trustee, sheriff, or other personal representative hereinabove referred to shall file with the director of finance a notice of any transfer by sale, lease, or otherwise by the person, of any such trailer, together with evidence satisfactory to the director of finance of all facts entitling such representative to make the transfer.

(g) Any person who refuses or neglects to deliver a certificate of registration to a transferee entitled thereto under this section, shall be punished as provided in section 286-61.

(h) Every dealer or manufacturer, upon transferring a trailer, whether by sale, lease, or otherwise, shall immediately give notice of the transfer to the director of finance upon the official form provided by the director of finance. Every such notice shall contain the date of transfer, the names and addresses of the transferor and transferee, and such description of the trailer as may be called for in the official form.

(i) Every person, other than a dealer or manufacturer, upon transferring a trailer, whether by sale, lease, or otherwise, shall within ten days give notice of the transfer to the director of finance upon the official form provided by the director of finance. Every notice shall contain the date of transfer, the names and addresses of the transferor and transferee, and such description of the trailer as may be called for in the official form. Any person who violates this subsection shall be fined not more than $100.

(j) Whenever the registered owner of any trailer or any dealer or manufacturer has given notice to the director of finance of a transfer of the registered ownership to the trailer, as provided in subsections (h) and (i), and has delivered the certificate of registration bearing the transferor's signature to the transferee as required by subsection (a), the transferor shall be relieved from liability, civil or criminal, which the transferor might subsequently incur by reason of being the registered owner of the trailer.

(k) A dealer or manufacturer who has forwarded a properly endorsed certificate of registration to the director of finance shall be relieved of any civil liability, only if, in addition to the requirement of subsection (j), the dealer or manufacturer obtains from the transferee a specific written authorization to forward the certificate.

(l) Any person who falsely or fraudulently gives notice to the director of finance of a transfer of registered ownership to a trailer shall be subject to the penalty provided in section 286-61.

(m) The director of finance may charge a fee which shall be deposited in the general fund for each new certificate of registration issued. The fee charged to issue a new certificate of registration shall be established by the county's legislative body. [L 1985, c 27, pt of §1; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1999, c 219, §1; am L 2022, c 229, §5]
Haw. Rev. Stat. § 286-109.4 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-109.4
Designation of advance health-care directive.
Status: in_force

On the application form for any driver's license or license renewal, the examiner of drivers shall ask the applicant to designate whether the applicant has an advance health-care directive. The examiner of drivers shall issue or renew a license bearing the designation "advance health-care directive", a symbol, or an abbreviation thereof, for those applicants who have so indicated. "Advance health-care directive" means an individual instruction in writing, a living will, or a durable power of attorney for health care decisions. No specific medical treatment information shall be imprinted on the driver's license.
Haw. Rev. Stat. § 291C-123 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-123
Driving or parking upon bikeway ; parking penalty.
Status: in_force

(a) No person shall drive any vehicle other than a bicycle, electric foot scooter, or moped upon a bicycle lane or bicycle path, except upon a permanent or authorized temporary driveway, or park any vehicle upon a bicycle lane or bicycle path; provided that any vehicle may be driven or parked in a bicycle lane or bicycle path as applicable if:

(1) It is in the process of executing a legal turn, lane change, or parking maneuver;

(2) It is an authorized emergency vehicle performing the functions under section 291C-26;

(3) It is an official federal, state, or county vehicle in the performance of its actual duty;

(4) It is a stalled or broken vehicle;

(5) It is necessary to assist a stalled or broken vehicle;

(6) It is necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or

(7) It is otherwise provided by law.

(b) Any person violating the parking prohibition in subsection (a) shall be fined $200. Fines collected pursuant to this section shall be deposited into the state highway fund. [L 1971, c 150, pt of §1; am L 1977, c 180, §7; am L 1978, c 30, §3; am L 1984, c 273, §10; am L 2008, c 130, §1; am L 2014, c 120, §2; am L 2021, c 174, §7]
Haw. Rev. Stat. § 291C-3 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-3
State and county safe routes to school programs; coordinators; grants; reports.
Status: in_force

(a) There is established, within the department of transportation, a safe routes to school program that shall, among other things, enhance traffic safety around Hawaii's schools, enable and encourage children to walk and bicycle to school, and make bicycling and walking to school a safer and more appealing transportation alternative. Beginning July 1, 2024, the program shall be responsible for developing and publishing goals and performance measures in coordination with the safe routes to school advisory committee and providing technical assistance to counties and community organizations in support of projects and programs that advance state and county goals.

(b) There is created, within the department of transportation, the position of safe routes to school program coordinator. The safe routes to school program coordinator shall provide a central point of contact for the safe routes to school program.

(c) A county designated office, through the county safe routes to school program coordinator, and in consultation with the department of education, department of health, and Hawaii Association of Independent Schools, shall provide safe routes to school funds for school-based and community-based workshops and infrastructure and non-infrastructure projects that will reduce vehicular traffic and congestion, encourage walking and bicycling, and promote health and safety around Hawaii's schools.

(d) The department of transportation shall expend funds from the safe routes to school program special fund in coordination with the safe routes to school advisory committee to be used for the implementation of the safe routes to school program plan and projects pursuant to section 291C-6(b)(2) and (3). No later than twenty days prior to the convening of each regular session, each county shall submit to the legislature an annual report on the status and progress of its county safe routes to school program, including an accounting of all grants provided through the program and a timeline for future grant awards.

(e) Implementation of the county safe routes to school program shall take into consideration the need to:

(1) Fill a permanent, full-time position of safe routes to school coordinator within the county designated office;

(2) Maximize the participation of school officials and stakeholder groups in the community;

(3) Work in conjunction with county designated safe routes to school stakeholders and train volunteer facilitators for school-based workshops and community-based projects, including flexible training schedules;

(4) Train potential grant requestors and stakeholder groups in federal and state requirements necessary for procurement, contracts, design, and construction; and

(5) Allocate not less than ten per cent and not more than thirty per cent of safe routes to school funds for non-infrastructure-related activities or activities to encourage walking and bicycling to school, public awareness campaigns, student sessions on bicycle and pedestrian safety, or other non-infrastructure activities.

(f) The safe routes to school advisory committee established pursuant to section 291C-6 shall develop a streamlined process for the safe routes to school program that meets federal and state requirements, simplifies the grant proposal application process, and expedites release of funding after completion of school-based and community- based projects for infrastructure and non-infrastructure.

(g) The safe routes to school advisory committee established pursuant to section 291C-6 shall submit to the legislature an annual report of the status and progress of the safe routes to school program, including an accounting of all grants provided through the program and a timeline for future grant awards, no later than twenty days prior to the convening of each regular session. [L 2012, c 317, pt of §2; am L Sp 2021, c 9, §61; am L 2023, c 244, §3]
Haw. Rev. Stat. § 287-38 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-38
Substitution of proof.
Status: in_force

The administrator shall consent to the cancellation of any bond or certificate of insurance or the administrator shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
Haw. Rev. Stat. § 291C-72 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-72
Pedestrians' right-of-way in crosswalks.
Status: in_force

(a) The driver of a vehicle shall stop for a pedestrian who is crossing the roadway within a crosswalk when the pedestrian is either:

(1) Upon the half of the roadway upon which the vehicle is traveling; or

(2) Approaching the vehicle so closely from the opposite half of the roadway as to be in danger,

and shall not proceed until the pedestrian has passed the vehicle and the driver can safely proceed.

For purposes of this section, "a pedestrian who is crossing the roadway within a crosswalk" occurs when any part or extension of the pedestrian, including any part of the pedestrian's body, wheelchair, cane, crutch, or bicycle, is beyond the curb or edges of the traversable roadway and moves onto the roadway within an intersection or crosswalk.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

(c) Subsection (a) shall not apply under the conditions stated in section 291C-73(b).

(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(e) Every person who violates this section shall be subject to the following penalties:

(1) For a first infraction, or any infraction not preceded within one year by a prior violation of this section, a fine of $150;

(2) For an infraction that occurs within one year of a prior violation of this section, a fine of $300 and revocation of the person's driver's license and privilege to operate a vehicle for a period of ninety days; and

(3) For an infraction that occurs within two years of two prior violations of this section, and for the fourth and each additional infraction of this section, regardless of when committed, a fine of $1,000, and revocation of the person's driver's license and privilege to operate a vehicle for a period of one hundred eighty days. [L 1971, c 150, pt of §1; am L 2005, c 73, §3; am L 2007, c 125, §1; am L 2019, c 132, §3]
Haw. Rev. Stat. § 291C-84 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-84
Turning movements and required signals.
Status: in_force

(a) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 291C-81, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

(b) A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning; provided that for a bicycle or moped, such signal shall be given continuously during not less than the last one hundred feet traveled by the bicycle or moped before turning, and shall be given when the bicycle or moped is stopped waiting to turn; and further provided that a signal by hand and arm need not be given continuously by the driver of a bicycle or moped if the hand is needed in the braking, control, or operation of the bicycle or moped.

(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(d) The signals provided for in section 291C-85(b) shall be used to indicate an intention to turn, change lanes, or start from a parked position and shall not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear. [L 1971, c 150, pt of §1; am L 1984, c 273, §7]
Haw. Rev. Stat. § 286-2 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-2
Definitions.
Status: in_force

The following terms whenever used and referred to in this chapter shall have the following meanings unless a different meaning is clearly apparent from the context:

"Aftermarket motorcycle frame" means a frame that is manufactured to replace the frame of a motorcycle that was certified by its manufacturer to be in compliance with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture, or the frame of a homemade motorcycle that was manufactured not for profit by a person who built the motorcycle as a hobby.

"Alcohol" means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes ethyl alcohol as well as synthetic ethyl alcohol, but not denatured or other alcohol which is considered not potable under the customs laws of the United States.

"Alcohol concentration" means the concentration of alcohol in a person's blood or breath. When expressed as a percentage, the term means:

(1) The number of grams of alcohol per 100 milliliters of blood; or

(2) The number of grams of alcohol per 210 liters of breath.

"Bicycle" means:

(1) A device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or

(2) A low-speed electric bicycle, as defined under title 15 United States Code section 2085.

"Bus" means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons.

"Chief of police" means the chief of police of each county.

"Commercial driver's license" (CDL) means a license issued in accordance with the requirements of this chapter to an individual which authorizes the individual to drive a class of commercial motor vehicle.

"Commercial driver's license information system" (CDLIS) means the information system established pursuant to the Federal Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law 99-570) to serve as a clearinghouse and depository of information pertaining to the licensing and identification of commercial motor vehicle drivers and the disqualification of such drivers from driving commercial motor vehicles.

"Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property:

(1) If the vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit(s) with a gross vehicle weight rating of more than 10,000 pounds;

(2) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds;

(3) If the vehicle is designed to transport sixteen or more occupants, including the driver; or

(4) If the vehicle, regardless of size, is used in the transportation of hazardous materials, as defined in this section.

"Controlled substance" means any substance so classified under section 102(6) of the Controlled Substance Act (21 United States Code §802(6)), and includes all substances listed on schedules I through V of 21 Code of Federal Regulations, Part 1308, as they may be revised from time to time.

"Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.

"Director" means the state director of transportation.

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

"Drive" means to drive, operate, or be in physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

"Driver" means every person who drives, operates, or is in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic or who is exercising control over or steering a vehicle being towed or pushed by a motor vehicle.

"Driver's license" means any license to operate a motor vehicle issued under the laws of this State.

"Driving instructor" means every person who, for compensation, instructs another person in the rudiments and mechanics of the operation of a motor vehicle.

"Electric foot scooter" means a device:

(1) Weighing less than seventy-five pounds;

(2) With two or three wheels;

(3) With handlebars;

(4) With either:

(A) A floorboard that can be stood upon while riding; or

(B) A seat or saddle for the use of the rider and stationary footrests;

(5) That is powered by an electric motor or human power; and

(6) Whose maximum speed, with or without human propulsion on a paved level surface, does not exceed fifteen miles per hour.

"Electric foot scooter" does not include foot-powered scooters that do not have a motor.

"Employee" means any driver of a commercial motor vehicle, including full time, regularly employed drivers; casual, intermittent, or occasional drivers; and leased drivers and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer.

"Examiner of drivers" means the person or persons appointed under section 286-101.

"Executive officer" means the mayor of each county.

"Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

"Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year.

"Flood damage" means damage caused to any electrical, computerized, or mechanical component, or interior of a vehicle that has been submerged in water to the point that water has entered the passenger compartment or engine.

"Foreign jurisdiction" means any jurisdiction other than a state of the United States.

"Gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load thereon.

"Gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle.

"Hazardous materials" means any material that has been designated as hazardous under Title 49 United States Code section 5103 and is required to be placarded under Subpart F of Part 172, Title 49, Code of Federal Regulations, or any quantity of a material listed as a select agent or toxin in Title 42 Code of Federal Regulations Part 73.

"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

"Identification card" means a document made or issued under part [XVI] that, when completed with information concerning a particular individual, is intended solely for the purposes of civil identification.

"Intoxicating liquor" includes alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and wine; and also includes, in addition to the foregoing, any spirituous, vinous, malt or fermented liquor, liquids, and compounds, whether medicated, proprietary, patented, or not, in whatever form and of whatever constituency and by whatever name called, containing one-half of one per cent or more of alcohol by volume, which are fit for use or may be used or readily converted for use for beverage purposes.

"Intrastate commerce" means trade, traffic, or transportation between two places in the State that originates and terminates within the State.

"Intrastate driver" means a driver, not less than nineteen years of age, engaged in intrastate commerce, except in the transportation of passengers in a school vehicle, as defined in section 286-181, or in the transportation of hazardous materials, as defined in section 286-2.

"Legal owner" includes a person who holds unencumbered title to a vehicle or is a secured party under a security interest in a vehicle.

"Moped" means a device upon which a person may ride that has:

(1) Two or three wheels in contact with the ground;

(2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and

(3) A direct or automatic power drive system that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

"Moped" does not include an electric foot scooter.

"Motorcycle" means:

(1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor and a moped; or

(2) Every motor vehicle that has a steering wheel or handlebar and seating that does not require the operator to straddle or sit astride on it, is designed to travel on three wheels in contact with the ground, and is called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture.

"Motor scooter" means:

(1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor; or

(2) Every motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride on it, and is designed to travel on three wheels in contact with the ground, called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture,

with a motor that produces no more than five horsepower, but excludes a moped.

"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes a moped.

"Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle to which all of the following apply:

(1) The vehicle is emission free;

(2) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less;

(3) The vehicle has four wheels in contact with the ground;

(4) The vehicle has a gross vehicle weight rating of less than three thousand pounds; and

(5) The vehicle conforms to the minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R. 571.500).

"Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, commercial motor vehicle, or motor carrier operation is out-of-service pursuant to title 49 Code of Federal Regulations sections 386.72, 392.5, 392.9a, 395.13, or 396.9, or title 49 United States Code section 31106(b)(2), or compatible laws, or the North American Standard Out-of-Service Criteria.

"Owner" or "registered owner" includes a legal owner of a vehicle where there is no security interest held by anyone on the vehicle, a buyer under a purchase money security interest, or a debtor under any security interest.

"Passenger car" means every motor vehicle, except motorcycles and motor scooters, designed for carrying ten passengers or less and used for the transportation of persons.

"Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

"Rebuilt vehicle" means any vehicle which has been declared a total loss by an insurer and has been rebuilt or repaired to operate on public highways. For the purpose of this definition, a vehicle is a total loss only if there is material damage, including flood damage, to the vehicle's electronics, frame, unitized structure, or suspension system, and the projected cost of repairing the damage exceeds the market value of the vehicle at the time of the incident causing it to be declared a total loss.

"Reconstructed vehicle" means a vehicle that is registered to be operated on a public highway, and that is:

(1) Assembled from new or used parts by a person other than a recognized manufacturer of new vehicles;

(2) Modified to the extent that the identity of the vehicle's make, model, or type is obscured by material changes in its appearance; or

(3) Modified by the removal, addition, alteration, or substitution of other than original replacement essential parts, including the vehicle's body, power train, steering system, suspension system, exhaust system, intake system, or bumper system;

excluding ordinary body repair that does not change the exterior structure of the vehicle. The term does not include a special interest vehicle or a motorcycle.

"Rental or U-drive motor vehicle" means a motor vehicle which is rented or leased or offered for rent or lease for a period of six months or less.

"Semitrailer" means a trailer so constructed that a substantial part of its weight rests upon the truck-tractor by which it is drawn.

"Special interest vehicle" means a vehicle of any age that, because of its significance, is being collected, preserved, restored, or maintained by a collector. The term includes a street rod vehicle and a street rod replica vehicle, as those terms are defined in section 286-26.5; a vehicle manufactured before 1968; and a vehicle manufactured after 1967 to resemble a vehicle manufactured before 1968.

"State", except where reference is clearly to another state, territory, or possession of the United States, means the State of Hawaii.

"Third party examiner" means a driver's license examiner who is qualified and has been certified by the State to examine applicants for category (4) licenses under section 286-102(b) and commercial driver licenses.

"Title state or county" means any state or any county in any state which issues certificates of title and registration and notes, liens, and other encumbrances thereon.

"Tractor-semitrailer combination" means a truck-tractor in use together with a semitrailer.

"Trailer" means a vehicle designed for carrying persons or property and for being drawn by a motor vehicle.

"Truck" means a motor vehicle designed, used, or maintained primarily for the transportation of property.

"Truck-tractor" means a truck designed and used primarily for drawing other vehicles and not so constructed as to carry a load to other than a part of the weight of the vehicle and load so drawn.

"Truck-trailer combination" means a truck in use together with a trailer.

"United States" means the fifty states and the District of Columbia.

"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power or devices used exclusively upon stationary rails or tracks and mopeds.

"Vehicle identification number" means the unique series of letters and numerals assigned to a vehicle either by the vehicle manufacturer or incomplete vehicle manufacturer as required by federal law, or by the county director of finance to identify a reconstructed vehicle, special interest vehicle, or motorcycle. [L 1967, c 214, pt of §2; HRS §286-2; am L 1968, c 48, §2(a); am L 1970, c 164, §2; am L 1973, c 152, §1(a); am L 1974, c 98, §1; am L 1975, c 187, §3; am L 1977, c 77, §1; am L 1978, c 175, §§7, 8; am L 1984, c 276, §3; am L 1985, c 23, §1; am L 1989, c 320, §3; am L 1990, c 43, §2 and c 342, §17; am L 1993, c 270, §1; am L 1997, c 246, §3; am L 1999, c 262, §2(1); am L 2002, c 255, §2; am L 2004, c 126, §1; am L 2006, c 22, §1 and c 130, §2; am L 2007, c 288, §2; am L 2011, c 64, §1; am L 2012, c 310, §3; am L 2013, c 114, §18; am L 2014, c 23, §1; am L 2017, c 216, §2 ; am L 2019, c 199, §2 and c 208, §4; am L 2020, c 70, §28; am L 2021, c 122, §1, c 130, §1, c 174, §4, and c 214, §4; am L 2022, c 109, §6]

Revision Note

Definition of "director of finance" inserted, definition of "treasurer" deleted, and words "county chairman" deleted from definition of "executive officer" to conform to county charters.
Haw. Rev. Stat. § 291C-112 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-112
Certain uses of parked vehicles prohibited between 6:00 p.
Status: in_force

§291C-112 Certain uses of parked vehicles prohibited between 6:00 p.m. and 6:00 a.m.; definition; exceptions. (a) No person shall use any vehicle for purposes of human habitation, whether or not the vehicle is designed or equipped for that purpose, while the vehicle is parked on any roadway, street, or highway or other public property between the hours of 6:00 p.m. and 6:00 a.m. or while the vehicle is parked on private property without authorization of the owner or occupant authorizing both the parking of the vehicle there and its use for purposes of human habitation.

(b) As used in this section "purposes of human habitation" includes use as a dwelling place, living abode, or sleeping place.

(c) This section does not apply to the parking of vehicles and their use for purposes of human habitation in parks, camps, and other recreational areas in compliance with law and applicable rules and regulations, or under emergency conditions in the interest of vehicular safety.

(d) The department of health shall promulgate rules and regulations, pursuant to chapter 91, necessary for the administration of this section. [L 1972, c 48, pt of §2]
Haw. Rev. Stat. § 286-211 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-211
Permits to operate official inspection stations.
Status: in_force

(a) The director shall issue permits for and furnish instructions and all forms to official inspection stations. The stations shall operate pursuant to standards established by the director.

(b) Application for an official inspection station permit shall be made upon an official form and shall be granted only when the director is satisfied that the station is properly equipped and has competent personnel to make the required inspections. Before issuing a permit, the director shall require the applicant to file proof that the applicant has, in effect, a liability insurance policy, issued to the applicant by an insurance company, authorized to do business in the State, insuring against the liability of the applicant and any of the applicant's employees, in minimum amounts as follows: comprehensive public liability insurance in the amount of $10,000 for one person and $20,000 for one accident and comprehensive property damage insurance of $5,000; provided that the director may, by rules, set higher limits; provided further that the proof of insurance need not be filed by an applicant who inspects only vehicles owned by the applicant; provided further that the proof of insurance need not be filed by instrumentalities of the United States.

(c) A permit for an official inspection station shall not be assigned or transferred or used at any location other than that designated by the director and every permit shall be posted in a conspicuous place at the location so designated.

(d) A permit for an official inspection station shall be suspended or revoked, or renewal thereof shall be refused by the director, upon a third or subsequent wilful violation within a period of eighteen months of any rule requiring an official inspection station to ensure a vehicle or moped is not equipped with a muffler or exhaust system that fails to comply with section 291-24 or 291-24.5, as applicable. [L Sp 1977 1st, c 20, pt of §1; gen ch 1985; am L 2025, c 172, §2]
Haw. Rev. Stat. § 291E-61.6 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-61.6
[ §291E-61.
Status: in_force

[ §291E-61.6] Petition for ignition interlock instruction permit and ignition interlock permit; eligibility; requirements. (a) This section shall apply to the following:

(1) Any person subject to a lifetime license revocation pursuant to part III, as that part was in effect before January 1, 2011, or part XIV of chapter 286, as that part was in effect before January 1, 2002;

(2) Any person who was arrested pursuant to section 291E-61 or 291E-61.5 before January 1, 2011, and whose license revocation period has not terminated;

(3) Except as provided in section 286-118.5, any person whose license was expired, had a learner's permit or instruction permit, or who was otherwise unlicensed at the time of arrest pursuant to section 291E-61 or 291E-61.5; and

(4) Any person arrested pursuant to section 291E-61 or 291E-61.5 whose driver's license from another state is expired or will expire during the license revocation period and who applies for a permit under this section.

(b) Any person under subsection (a) may file a petition in the district court for permission to apply for an ignition interlock instruction permit that will allow the person to take the driving demonstration portion of the driver's license examination. The petition shall be filed with the clerk of the district court in the district in which the arrest occurred and shall be accompanied by the required filing fee for civil actions. The petition shall include the following:

(1) A certified court abstract establishing that other than the instant offense, the petitioner has no pending traffic matters, outstanding fines, outstanding court costs, and outstanding restitution;

(2) A certified statement from the director establishing that the petitioner has complied with all requirements, including payment of applicable fees, undergone substance abuse assessment and treatment, and surrendered motor vehicle registration and vehicle number plates, if applicable; and

(3) A proposed order.

In determining whether the petitioner may be granted an ignition interlock instruction permit, the district court shall consider whether the requirements of paragraphs (1) through (3) are met and may also consider any other factors, including but not limited to the petitioner's criminal and traffic record after receiving a lifetime license revocation, and based on the foregoing, the district court shall determine whether an order allowing the petitioner to apply to the director for an ignition interlock instruction permit and requiring the director to remove any stopper placed on the petitioner's motor vehicle registration files pursuant to part III of chapter 291E, as applicable, shall be issued; provided that the petitioner complies with applicable driver licensing requirements under part VI of chapter 286, and proof of financial responsibility under chapter 287. Upon submission of the order to the director, the director shall remove any stopper placed on the person's motor vehicle registration files and issue a certified statement indicating eligibility for an ignition interlock instruction permit.

(c) To apply for an ignition interlock instruction permit, the person shall:

(1) Present the certified statement of eligibility for ignition interlock instruction permit, as provided in subsection (b), to the examiner of drivers;

(2) Pass the written portion of the driver's license examination in accordance with section 286-108;

(3) Install an ignition interlock device on a vehicle to be used for the driving demonstration portion of the driver's license examination; and

(4) Submit to the director the following:

(A) Proof of passing the written portion of the driver's license examination;

(B) Proof of installation of the ignition interlock device;

(C) Proof of motor vehicle insurance; and

(D) Proof of a valid motor vehicle registration.

Upon receipt of proof of the requirements of paragraph (4), the director shall issue an ignition interlock instruction permit that allows the person to drive a category 1, 2, or 3 vehicle under section 286-102(b) that is equipped with an ignition interlock device for the period as provided in section 286-110; provided that a holder of the ignition interlock instruction permit for a category 3 vehicle shall be accompanied by a person who is twenty-one years of age or older and licensed to operate a category 3 vehicle. The licensed person shall occupy a passenger seat beside the permit holder while the category 3 vehicle equipped with an ignition interlock device is being operated. For the purposes of this section, "examiner of drivers" shall have the same meaning as provided in section 286-2.

(d) Upon showing the ignition interlock instruction permit to the examiner of drivers, an applicant may take the driving demonstration portion of the driver's license examination in accordance with section 286-108. Upon successful completion of the driving demonstration portion of the driver's license examination, an applicant may apply to the director for an ignition interlock permit pursuant to section 291E-44.5. If granted, the ignition interlock permit shall expire as provided in section 286-106 or upon the end of the revocation period, whichever occurs first.

(e) After a minimum period of five years from the issuance of an ignition interlock permit under subsection (d), a person subject to a lifetime license revocation for operating a motor vehicle while under the influence of an intoxicant may file a petition in the district court to reinstate the person's eligibility for license and privilege to operate a vehicle without an ignition interlock device. The petition shall be filed with the clerk of the district court in the district in which the arrest occurred and shall be accompanied by the required filing fee for civil actions. A copy of the petition shall be served on the prosecuting attorney in the county in which the petition is filed. The petition shall include the following:

(1) A certified court abstract establishing that:

(A) The petitioner has no pending traffic matters, outstanding fines, outstanding court costs, and outstanding restitution; and

(B) The petitioner has not been convicted of any violation of section 291E-66 during the five-year period immediately preceding the petition;

(2) A certified statement from the director establishing that the petitioner has complied with all requirements, including payment of applicable fees, undergone substance abuse assessment and treatment, and surrendered motor vehicle registration and vehicle number plates, if applicable;

(3) A certified statement from the director of transportation establishing that:

(A) The petitioner has had an ignition interlock device installed in a vehicle without a cumulative break of more than thirty days during the five years immediately preceding the petition; and

(B) The petitioner has not attempted to operate a vehicle with .04 or more grams of alcohol per two hundred ten liters of breath during the two years immediately preceding the petition;

(4) A certificate of service demonstrating the place, time, and manner of service of the petition on the prosecuting attorney;

(5) A certified record from the Hawaii Criminal Justice Information System that shows the petitioner's current criminal history record;

(6) A statement from the petitioner establishing where the petitioner has resided since the ignition interlock permit was issued;

(7) A statement from the petitioner as to whether the petitioner has undergone substance abuse assessment and treatment and the outcome of this assessment and treatment; and

(8) A proposed order.

Within ten days of service of the petition, the prosecuting attorney may submit a written request for a hearing on the petition. The district court shall set a hearing and the prosecuting attorney shall serve notice of the hearing upon the petitioner at the petitioner's address shown on the petition and in accordance with the applicable court rules pertaining to service of civil process. The prosecuting attorney shall appear at the hearing on the petition and may offer evidence and argument in support of or against the granting of the petition. If the requirements of paragraphs (1) through (8) are met and it appears to the court that the petitioner no longer poses a danger to other persons using streets or highways and is not likely to operate a vehicle under the influence of an intoxicant, the district court shall grant the petition and issue an order declaring the person eligible for relicensing and reregistration, if applicable. In making its decision, the court, in addition to any other evidence, may consider the petitioner's ignition interlock program driving records and history. If the prosecuting attorney fails to submit a timely request for a hearing, and the requirements of paragraphs (1) through (8) are met, the district court shall grant the petition and issue an order declaring the petitioner eligible for relicensing and reregistration, if applicable. If the court denies the petition, the person may file another petition under this subsection no sooner than one year from the date of the court order.

(f) Nothing in this section shall be interpreted to allow repeat intoxicated driving to be treated as a first time offense for purposes of relicensing. [L 2012, c 327, §4]
Haw. Rev. Stat. § 288-2 — HI Code / Division 1 / Title 17 / Chapter 288 / Section 288-2
Definitions.
Status: in_force

As used herein:

"Motor vehicle common carrier of passengers" means and includes every corporation, joint stock association, person, individual, firm, association of persons, lessee, trustee, receiver, or personal representative appointed by any court, owning, controlling, operating, or managing any motor vehicle, directly or indirectly, for public use in the transportation of passengers for compensation over any public street or highway within any of the several counties of the State;

"Policy of insurance" or "insurance" includes the certificate referred to in sections 288-3 and 288-4. [L 1941, c 186, §5; am L 1943, c 171, pt of §1; RL 1945, §7429; am L 1953, c 268, pt of §1; RL 1955, §160-141; HRS §288-2; am L 1976, c 200, pt of §1]
Haw. Rev. Stat. § 291E-45.5 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-45.5
Repeat intoxicated driver after December 31, 2010; eligibility to obtain motor vehicle registration and number plates.
Status: in_force

Any repeat intoxicated driver arrested for a violation of section 291E-61 or 291E-61.5 after December 31, 2010, may request that the director remove any stopper imposed on the motor vehicle registration files pursuant to part III of chapter 291E. Upon request, the director shall remove the stopper as soon as practicable.
Haw. Rev. Stat. § 291E-44 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-44
REPEALED.
Status: in_force

L 2009, c 88, §§11, 17(2).
Haw. Rev. Stat. § 286-48 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-48
Certificates of ownership of salvaged motor vehicles.
Status: in_force

(a) Whenever a motor vehicle subject to registration under this part is sold as salvage or conveyed to an insurance company, in the ordinary course of business or as the result of a total loss insurance settlement where the insurance company receives the certificates of registration and ownership, the purchaser or, if an insurance company its authorized agent, shall within ten days from the purchase, or the settlement of the insurance loss, forward the motor vehicle's endorsed certificate of ownership or other evidence of title, certificate of registration, license plates, and an application for a salvage certificate as provided for in section 286-44.5, to the director of finance. If the certificate of registration or one or both license plates are lost, an affidavit, duly notarized and signed by the party responsible for the compliance of this section stating that the party has no knowledge of the location of the certificate of registration or the license plates, shall be filed with the director of finance of the county having jurisdiction over the vehicle. In any event the certificate of ownership or other evidence of title shall be forwarded to the director of finance.

(b) Upon receipt of the certificate of ownership, certificate of registration, license plates, and application for a salvage certificate, the director of finance shall issue a salvage certificate in the name of the purchaser or insurance company.

(c) Upon resale of the salvage vehicle, the seller or, if the seller is an insurance company, its authorized agent shall transfer the salvage certificate and issue a bill of sale to the purchaser which shall be on a form prescribed by the director of finance. The seller shall notify the purchaser, in writing, of the requirements of this chapter regarding the recertification of salvage vehicles. The seller shall sell the salvage vehicle only to a person licensed pursuant to chapter 437B, sections 289-4, or 445-232, or any person who executes an affidavit which states whether or not the salvage vehicle would be used to construct a rebuilt vehicle as defined in section 286-2 and that if the salvage vehicle is to be rebuilt, the purchaser will register the rebuilt vehicle as required by this chapter.

(d) In the event the salvage vehicle is rebuilt so as to be capable of again operating on the highways of this State, the motor vehicle shall not be licensed for such operation, nor shall the ownership thereof be transferred until there is submitted to the director of finance:

(1) The prescribed bill of sale;

(2) An appropriate application for registration of the rebuilt or restored motor vehicle along with the salvage certificate and a certificate of inspection signed by the registered or certified motor vehicle repair dealer who is bonded as required by section 437B-26, and who rebuilt the vehicle, attesting that the original recognized vehicle manufacturer's established repair procedures or specifications and allowable tolerances for the particular model and year were utilized and adhered to; and

(3) Any other document and fee required by the director of finance.

The counties may, by ordinance, establish the fee to be charged for the inspection of rebuilt motor vehicles.

(e) Whenever a certificate of registration and certificate of ownership is issued for a motor vehicle with respect to which a salvage certificate has been previously issued, the new certificates shall conform to the requirements of section 286-47 and:

(1) Bear the words "Rebuilt Vehicle"; and

(2) Appear in such a manner as to distinguish them from the certificate of registration and certificate of ownership for motor vehicles other than rebuilt or restored motor vehicles.

(f) In the event a total loss insurance settlement between an insurance company and its insured or a claimant for property damage caused by its insured results in the retention of the salvage vehicle by the insured or claimant, as the case may be, then in such event, the insurance company or its authorized agent shall notify, within ten days from the date of settlement, the director of finance of such retention by its insured or claimant, as the case may be, and shall notify its insured, or claimant as the case may be, in writing, of the requirements of this chapter regarding the recertification of salvage vehicles. The notification shall be on a form prescribed by the director of finance. [L 1967, c 178, §2; HRS §286-48; am L 1969, c 194, §1; am L 1984, c 276, §7; gen ch 1985; am L 1986, c 74, §2; am L 1987, c 51, §1; am L 1988, c 315, §1]
Haw. Rev. Stat. § 291C-77 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-77
Pedestrians soliciting rides, business, or attention of motorist.
Status: in_force

(a) Except as otherwise provided by county ordinance, no person shall stand in, walk along, or otherwise occupy a portion of a highway for the purpose of soliciting a ride, employment, business, or contributions from the occupant of any vehicle.

(b) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. [L 1971, c 150, pt of §1; am L 1973, c 216, §2; am L 2015, c 35, §5]
Haw. Rev. Stat. § 291C-203 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-203
Certification of compliance.
Status: in_force

A person engaged in the business of selling mopeds shall provide to the director of finance of the county in which the mopeds are sold a certificate from the moped manufacturer that each class, type or model of moped offered for sale or sold meets the performance and equipment requirements of this part.
Haw. Rev. Stat. § 287-9 — HI Code / Division 1 / Title 17 / Chapter 287 / Section 287-9
Duration of suspension.
Status: in_force

The license and permit suspended as provided in section 287-6 shall remain suspended and shall not be renewed nor shall any new license or permit be issued to the person whose license or permit is suspended until:

(1) The person whose license or permit is suspended deposits or there is deposited on the person's behalf the security required under section 287-6;

(2) Two years have elapsed following the date of the suspension and evidence satisfactory to the administrator has been filed with the administrator that during that period no action for damages arising out of the accident has been commenced; or

(3) Pursuant to section 287-8(5), evidence satisfactory to the administrator has been filed with the administrator of a release of the driver from liability, or a final adjudication of nonliability of the driver, or a duly acknowledged written agreement; provided that if there is any default in the payment of any installment under any duly acknowledged written agreement, then upon notice of the default, the administrator shall immediately suspend the license of the person defaulting on the agreement, and the license shall not be restored until:

(A) The person deposits and thereafter maintains security as required under section 287-6 in an amount as the administrator may then determine; or

(B) Two years have elapsed following the date when the security was required and during that period no action has been instituted for enforcement of the agreement. [L 1949, c 393, pt of §1; RL 1955, §160-88; HRS §287-9; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; am L 1984, c 110, §2; gen ch 1985; am L 2020, c 70, §35]
Haw. Rev. Stat. § 286-30 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-30
False certificates.
Status: in_force

Any person who makes, issues, or knowingly uses any imitation or counterfeit of an official certificate of inspection, or any person who displays or causes or permits to be displayed upon any vehicle any certificate of inspection knowing the same to be issued for another vehicle or issued without an inspection having been made or issued without authority as provided herein shall be fined not more than $1,000 or imprisoned not more than thirty days, or both.
Haw. Rev. Stat. § 291C-44 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-44
When overtaking on the right is permitted.
Status: in_force

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for and with lanes marked for two or more lines of moving vehicles in each direction;

(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. [L 1971, c 150, pt of §1; am L 2018, c 218, §§3, 9]
Haw. Rev. Stat. § 286-209 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-209
Safety inspection of motor carrier vehicles.
Status: in_force

(a) Motor carrier vehicles, including but not limited to trucks, truck-tractors, semitrailers, trailers, or pole trailers, having a gross vehicle weight rating of more than ten thousand pounds, motor carrier vehicles having a gross vehicle weight rating of ten thousand pounds or less which transport passengers in the furtherance of a commercial enterprise, including car rental transport vehicles, and motor carrier vehicles used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under 49 C.F.R., subtitle B, chapter I, subchapter C, shall be inspected and certified annually.

(b) The director shall adopt rules pursuant to chapter 91 for motor carrier vehicle safety inspections, the issuance of certificates of safety inspection, the affixing of motor carrier vehicle safety inspection decals, and the acceptance of certificates of safety inspection issued in other jurisdictions.

(c) The director shall collect a fee of $1.50 for each motor carrier vehicle safety inspection decal issued by motor carrier vehicle inspection stations. All moneys collected shall be paid into the state highway fund.

(d) A fee of no more than $12 shall be charged by a motor carrier inspection station for each safety inspection performed.

(e) For the purposes of this section, "car rental transport vehicles" means motor carrier vehicles used to transport customers to or from car rental sites. [L Sp 1977 1st, c 20, pt of §1; am L 1985, c 246, §1 and c 274, §1; am L 2002, c 138, §2; am L 2005, c 3, §1; am L 2007, c 43, §1; am L 2010, c 14, §2]
Haw. Rev. Stat. § 291E-44.5 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-44.5
Ignition interlock permits; driving for employment.
Status: in_force

(a) Except as provided in subsection (b), upon proof that the respondent has installed an ignition interlock device in any vehicle the respondent operates and obtained motor vehicle insurance or self-insurance that complies with the requirements of section 431:10C-104 or 431:10C-105, the director shall issue an ignition interlock permit that will allow the respondent to drive a vehicle equipped with an ignition interlock device during the revocation period.

(b) Except as provided in sections 286-118.5 and 291E-61.6, the director shall not issue an ignition interlock permit to:

(1) A respondent whose license is expired, suspended, or revoked as a result of action other than the instant revocation;

(2) A respondent who does not hold a valid license at the time of arrest for the violation of section 291E-61;

(3) A respondent who holds a license that is a learner's permit or instruction permit; or

(4) A respondent who holds either a category 4 license under section 286-102(b) or a commercial driver's license under section 286-239(a) unless the ignition interlock permit is restricted to a category 1, 2, or 3 license under section 286-102(b).

(c) Except as provided in subsection (b), the director may issue a separate permit authorizing a respondent to operate a vehicle owned by the respondent's employer during the period of revocation without installation of an ignition interlock device if the respondent is gainfully employed in a position that requires driving and the respondent will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device.

(d) A request made pursuant to subsection (c) shall be accompanied by:

(1) A sworn statement from the respondent containing facts establishing that the respondent currently is employed in a position that requires driving and that the respondent will be discharged if prohibited from driving a vehicle not equipped with an ignition interlock device; and

(2) A sworn statement from the respondent's employer establishing that the employer will, in fact, discharge the respondent if the respondent cannot drive a vehicle that is not equipped with an ignition interlock device and identifying the specific vehicle or vehicles the respondent will drive for the purposes of employment and the hours of the day, not to exceed twelve hours per day, or the period of the specified assigned hours of work, the respondent will drive the vehicle or vehicles for purposes of employment.

(e) A permit issued pursuant to subsection (c) shall include restrictions allowing the respondent to drive:

(1) Only during specified hours of employment, not to exceed twelve hours per day, or the period of the specified assigned hours of work, and only for activities solely within the scope of the employment;

(2) Only the vehicles specified; and

(3) Only if the permit is kept in the respondent's possession while operating the employer's vehicle.

In addition, the director may impose other appropriate restrictions. [L 2008, c 171, §3; am L 2009, c 88, §13; am L 2010, c 166, §16; am L 2012, c 327, §18; am L 2014, c 72, §6; am L 2018, c 74, §1]
Haw. Rev. Stat. § 291E-38 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-38
Administrative hearing; procedure; decision.
Status: in_force

(a) If the director administratively revokes the respondent's license and privilege to operate a vehicle after the administrative review, the respondent may request an administrative hearing to review the decision within six days of the date the administrative review decision is mailed. If the request for hearing is received by the director within six days of the date the decision is mailed, the hearing shall be scheduled to commence no later than:

(1) Twenty-five days from the date the notice of administrative revocation was issued in a case involving an alcohol related offense; or

(2) Thirty-nine days from the date the notice of administrative revocation was issued in a case involving a drug related offense.

The director may continue the hearing only as provided in subsection (j).

(b) The hearing shall be held at a place designated by the director, as close to the location where the notice of administrative revocation was issued as practical.

(c) The respondent may be represented by counsel and, if the respondent is under the age of eighteen, must be accompanied by a parent or guardian.

(d) The director shall conduct the hearing and have authority to:

(1) Administer oaths and affirmations;

(2) Examine witnesses and take testimony;

(3) Receive and determine the relevance of evidence;

(4) Issue subpoenas;

(5) Regulate the course and conduct of the hearing; and

(6) Make a final ruling.

(e) The director shall affirm the administrative revocation only if the director determines that:

(1) There existed reasonable suspicion to stop the vehicle, the vehicle was stopped at an intoxicant control roadblock established and operated in compliance with sections 291E‑19 and 291E‑20, or the person was tested pursuant to section 291E‑21;

(2) There existed probable cause to believe that the respondent operated the vehicle while under the influence of an intoxicant; and

(3) The evidence proves by a preponderance that:

(A) The respondent operated the vehicle while under the influence of an intoxicant; or

(B) The respondent operated the vehicle and refused to submit to a breath, blood, or urine test after being informed:

(i) That the person may refuse to submit to testing in compliance with section 291E-11; and

(ii) Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test in compliance with the requirements of section 291E-15.

(f) The respondent's prior alcohol and drug enforcement contacts shall be entered into evidence.

(g) The sworn statements provided in section 291E-36 shall be admitted into evidence. The director shall consider the sworn statements in the absence of the law enforcement officer or other person. Upon written notice to the director, no later than five days prior to the hearing, that the respondent wishes to examine a law enforcement officer or other person who made a sworn statement, the director shall issue a subpoena for the officer or other person to appear at the hearing. Personal service upon the law enforcement officer or other person who made a sworn statement shall be made no later than forty-eight hours prior to the hearing time. If the officer or other person cannot appear, the officer or other person at the discretion of the director, may testify by telephone.

(h) The hearing shall be recorded in a manner to be determined by the director.

(i) The director's decision shall be rendered in writing and mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than five days after the hearing is concluded. If the decision is to reverse the administrative revocation, the director shall return the respondent's license, along with a certified statement that administrative revocation proceedings have been terminated. If the decision sustains the administrative revocation, the director shall mail to the respondent a written decision indicating the duration of the administrative revocation and any other conditions or restrictions as may be imposed pursuant to section 291E‑41.

(j) For good cause shown, the director may grant a continuance either of the commencement of the hearing or of a hearing that has already commenced. If a continuance is granted at the request of the director, the director shall extend the validity of the temporary permit, unless otherwise prohibited, for a period not to exceed the period of the continuance. If a continuance is granted at the request of the respondent, the director shall not extend the validity of the temporary permit. For purposes of this section, a continuance means a delay in the commencement of the hearing or an interruption of a hearing that has commenced, other than for recesses during the day or at the end of the day or week. The absence from the hearing of a law enforcement officer or other person, upon whom personal service of a subpoena has been made as set forth in subsection (g), constitutes good cause for a continuance.

(k) The director may grant a special motor vehicle registration, pursuant to section 291E-48, to a qualified household member or a co-owner of any motor vehicle upon determination that:

(1) The person is completely dependent on the motor vehicle for the necessities of life; and

(2) At the time of the application for a special motor vehicle registration, the respondent does not have a valid ignition interlock permit.

The special motor vehicle registration shall not be valid for use by the respondent.

(l) If the respondent fails to appear at the hearing, or if a respondent under the age of eighteen fails to appear with a parent or guardian, administrative revocation shall take effect for the period and under the conditions established by the director in the administrative review decision issued by the director under section 291E‑37. [L 2000, c 189, pt of §23; am L 2001, c 157, §19; am L 2002, c 113, §§4 to 6; am L 2006, c 64, §7 and c 201, §4; am L 2010, c 166, §14; am L 2012, c 327, §15; am L 2021, c 216, §3]
Haw. Rev. Stat. § 286-134 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-134
Employing unlicensed driver.
Status: in_force

No person shall employ as a driver of a certain category of motor vehicle any person who is not licensed under this part to operate that category of motor vehicle.
Haw. Rev. Stat. § 286-50 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-50
Registration of vehicle located outside State; correction of errors; fee for correcting errors.
Status: in_force

(a) The director of finance of a county shall not accept an application for registration of any vehicle under this part unless the vehicle at the time of application is to be operated on the public highways of that county as required under section 286-41 or, if the vehicle is not within the State, the vehicle is currently registered in the State in the name of a bona fide resident of the State. However, the director of finance shall accept and grant an application and issue number plates for a new unlicensed vehicle which is not within the State when the application is accompanied by a written certificate signed by the seller, who shall be a person licensed to sell new motor vehicles under chapter 437, giving the name and local address of the seller and the purchaser and a description of the vehicle, including a statement of the weight thereof, and, when the vehicle identification numbers of such new vehicle are not available, a statement of such fact, and also by a written certificate of the purchaser giving the purchaser's name, the purchaser's local address and permanent residence, and the name of the seller, a full description of the vehicle, and a statement that the use tax payable thereon has been paid or that the same will be paid within sixty days of the arrival of the vehicle in the State. One copy of the application when granted shall be furnished by the director of finance to the director of taxation. In a case where the vehicle identification numbers of the new vehicle are not available at the time of the application, the dealer shall certify to the vehicle identification numbers thereof upon receipt of the numbers from the factory or manufacturer, which certificate the director of finance shall enter in the director of finance's registration records. Within sixty days after arrival in the State of any such vehicle, unless the same has been shown in the application or subsequent certification, the dealer shall furnish to the director of finance a certificate of the dealer, identifying the vehicle by the vehicle identification numbers or other description, and evidence of arrival in the State of any such vehicle, which information the director of finance shall enter in the director of finance's registration records.

If the vehicle identification numbers of the vehicle, as given in the dealer's certificate of the vehicle identification numbers, subsequently prove to be erroneous on account of error in the information received by the dealer from the factory or manufacturer, or for any other reason, the dealer shall notify the director of finance of the error by a written certificate of the dealer stating the reasons for the nature of the error and the correction which should be made in the registration records; and upon receipt of the dealer's certificate by the director of finance, the registration records shall be corrected accordingly. A fee of $3 shall be paid by the dealer and collected by the director of finance for each instance of correction of the registration records.

(b) Notwithstanding the first paragraph of subsection (a), the director of finance shall accept and grant an application, and issue number plates, when the vehicle, although not within the State, is to be registered in the name of bona fide residents of the State, and the application is accompanied by:

(1) A written certificate setting forth the name, local address of the applicant; the name and business address of the seller; a full description of the vehicle, including a manufacturer's statement of the weight thereof, and the vehicle identification numbers verified by a law enforcement agency; and such other information as may be required by the director of finance;

(2) A copy of the bill of sale and such other documents as may be required by the director of finance, to establish legal ownership; and

(3) A written statement signed by the applicant stating that the use tax payable thereon will be paid within sixty days of the arrival of the vehicle in the State.

The applicant shall be responsible for supplying to the director of finance all information relative to the correct vehicle identification numbers, and the payment of correction fees, in the same manner and to the same extent as is required hereinabove of a dealer. One copy of the application, when granted, shall be furnished by the director of finance to the state director of taxation.

No tax or other fees required by law in connection with the registration of a vehicle not within the State at the time of the application shall be refundable. [L 1949, c 167, §1; am L 1951, c 168, §1(d); am L 1953, c 131, §1(c), (d), (e); am L 1955, c 175, §1; RL 1955, §160-8; am L Sp 1959 2d, c 1, §16; am L 1965, c 137, §1 and c 155, §§1, 2; HRS §286-50; gen ch 1985; am L 1987, c 171, §2; am L 1989, c 292, §1]

Revision Note

"Director of finance" substituted for "treasurer" to conform to county charters.
Haw. Rev. Stat. § 286-61 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-61
Penalty.
Status: in_force

Any person who violates sections 286-41, 286-42, 286-44.5 to 286-56.5, and 286-58 to 286-60 shall be fined not less than $5 nor more than $1,000; provided that any corporate owner of a motor vehicle who fails to register a motor vehicle as required by section 286-41(a) following a transfer of the vehicle between counties shall be fined $1,000 for each violation. Any person who violates section 286-43, 286-44, or 286-57 shall be fined not less than $5 and not more than $1,000 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 291C-197 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-197
Driving mopeds on bicycle lanes and paths.
Status: in_force

(a) Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes.

(b) The director of transportation by rule and the counties by ordinance may with respect to bicycle paths under their respective jurisdictions restrict or prohibit the use of such bicycle paths by mopeds. Signs clearly visible to an ordinarily observant person indicating the restriction or prohibition shall be placed along bicycle paths so designated and every moped driver shall obey the directions thereof.

(c) This section shall not apply to a three-wheeled moped. [L 1978, c 175, pt of §15; am L 2008, c 197, §3]
Haw. Rev. Stat. § 286-241.6 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-241.6
Appeal to circuit court.
Status: in_force

Any suspension, revocation, or cancellation of a commercial driver's license under section 286-241.4 may be appealed to the circuit court in which the applicant or licensee resides by filing a notice of appeal in that court within thirty days after being notified of the suspension, revocation, or cancellation. The appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to procedures and rules as may be prescribed by the court and the decision of the court shall be final except as otherwise provided in chapter 91.
Haw. Rev. Stat. § 286-52 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-52
Procedure when title or interest of vehicle transferred; delivery of certificate mandatory; complete defense.
Status: in_force

(a) Upon a transfer of the title or interest of a legal owner in or to a vehicle registered under this part, the person whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for the vehicle, together with the addresses of the person whose title or interest is to be transferred and the transferee in the appropriate spaces provided upon the certificate. The signature of the person whose title or interest is to be transferred and signature of the transferee shall each serve as an attestation by that respective party that the information provided on the certificate is correct. Any person who provides false or fraudulent information under this subsection shall be fined no less than $500 and no more than $1,000.

(b) Within thirty calendar days thereafter, the transferee shall forward the certificate of ownership so endorsed to the director of finance who shall file the same; provided that if the recorded lien holder does not have an office in the State, the applicable period shall be sixty days. Whenever a transferee fails to comply with these provisions, the director of finance shall charge a fee of $50, in addition to the fee provided in section 286-51, for a new certificate of ownership.

(c) Subsection (b), requiring a transferee to forward the certificate of ownership after endorsement to the director of finance, shall not apply to the transferee of a vehicle who was not intending to and does not drive the vehicle or permit the vehicle to be driven upon the public highways, but the transferee, upon transferring the transferee's interest or title to another, shall give notice of the transfer to the director of finance and endorse the certificate of ownership to the new legal owner and the certificate of registration to the new owner. If the director of finance has ascertained as of the date of the application that the registered owner has not deposited or paid bail with respect to any summons or citation issued to the registered owner for stopping, standing, or parking in violation of traffic ordinances within the county or has outstanding charges and fines owed to the county relating to the disposition of an abandoned vehicle under the registered owner, including for costs related to towing, storage, processing, and disposal , the director may require, as a condition precedent to the transfer, that the registered owner deposit or pay bail with respect to the summons or citations or pay all outstanding charges and fines relating to the disposition of the abandoned vehicle; provided that payment of all outstanding charges and fines relating to the disposition of the abandoned vehicle shall not be a condition precedent to the transfer if the abandoned vehicle was stolen or taken from the registered owner without permission or authorization and a police report for the abandoned vehicle is filed within a period of time, to be determined by the director of finance of each county, after discovery of the abandoned vehicle.

(d) The director of finance shall, upon receipt of the certificate of ownership properly endorsed, register the vehicle, and shall issue to the owner and legal owner entitled thereto by reason of the transfer a new certificate of registration and the certificate of ownership, respectively, in the manner and form hereinabove provided for original registration.

(e) Until the director of finance has issued the new certificate of registration and certificate of ownership as provided in subsection (d), delivery of the vehicle shall be deemed not to have been made and title thereto shall be deemed not to have passed, and the intended transfer shall be deemed to be incomplete and not to be valid or effective for any purpose, notwithstanding any provision of the Uniform Commercial Code; provided that a security interest in a motor vehicle shall be perfected as provided in the Uniform Commercial Code, section 490:9-311 and that the validity, attachment, priority, and enforcement of the security interest shall be governed by Article 9 of the Uniform Commercial Code.

(f) In the event of the transfer by operation of law of the title or interest of a legal owner in and to a vehicle registered under this part, as upon inheritance, devise, bequest, order in bankruptcy, insolvency, execution sale, repossession upon default in performance of the terms of a lease or executory sales contract, or otherwise than by the voluntary act of the person whose title or interest is so transferred, the certificate of ownership shall be signed upon the spaces provided by the personal representative, receiver, trustee, sheriff, or other representative, or successor in interest of the person whose title or interest is so transferred in lieu of that person. Every personal representative, receiver, trustee, sheriff, or other representative or successor hereinabove referred to shall file with the director of finance a notice of any transfer by sale, lease, or otherwise by the person, of the vehicle, together with evidence satisfactory to the director of finance of all facts entitling the person to make the transfer. Upon notice given to the director of finance that transfer by operation of law of the title or interest of a legal owner or a registered owner has been effected pursuant to any provision of law, the director of finance shall send to the legal owner or the registered owner or both a notice by registered mail of the action and requesting the delivery to the director of finance of the certificate of ownership or the certificate of registration, as the case may be, within ten days after date of mailing of the notice, and any person who refuses or neglects to deliver the same to the director of finance pursuant to the notice shall be guilty of a misdemeanor and punished as provided in section 286-61.

(g) Nothing in the foregoing subsections shall prevent a legal owner from assigning the title or interest in or to a vehicle registered under this part to another legal owner at any time without the consent of and without affecting the interest of the holder of the certificate of registration thereof. Upon filing with the director of finance a certificate of ownership endorsed by the legal owner and a transferee of legal ownership, the director of finance shall, regardless of whether the certificate of registration has expired, enter the name of the new legal owner upon the records of the director's office and shall forthwith issue a new certificate of ownership to the new legal owner in the form for original registration. Upon so doing, the director of finance shall send to the registered owner a notice by mail of the action.

(h) Any person who refuses or neglects to deliver a certificate of ownership to a transferee entitled thereto under this part shall be punished as provided in section 286-61.

(i) Every dealer, upon transferring a motor vehicle, whether by sale, lease, or otherwise, shall immediately give notice of the transfer to the director of finance upon the official form provided by the director of finance. Each notice shall contain the date of the transfer, the names and addresses of the transferor and transferee, and a description of the vehicle as may be called for in the official form.

(j) Every person, other than a dealer, upon transferring a motor vehicle, whether by sale, lease, or otherwise, shall within ten days give notice of the transfer to the director of finance upon the official form provided by the director of finance. Every notice shall contain the date of transfer, the names and addresses of the transferor and transferee, and a description of the vehicle as may be called for in the official form. Any person who violates this subsection shall be fined no more than $100.

(k) Whenever the registered owner of any motor vehicle or any licensed dealer has given notice to the director of finance of a transfer of the title or interest in the motor vehicle, as provided in subsection (i) or (j), and has delivered the certificate of ownership bearing the transferor's signature to the transferee as required by subsection (a), the transferor shall be relieved from any liability, civil or criminal, from the date the transferor delivers the motor vehicle into the transferee's possession, which the transferor might otherwise subsequently incur by reason solely of being the registered owner of the vehicle.

(l) A licensed dealer who has forwarded a properly endorsed certificate of ownership to the director of finance shall be relieved of any civil liability from the date the transferor delivers the motor vehicle into the transferee's possession, which the transferor might otherwise subsequently incur by reason solely of being the registered owner of the vehicle; provided that a specific written authorization to forward the certificate has been obtained from the transferee.

(m) Any person who falsely or fraudulently gives notice to the director of finance of a transfer of title or interest in a motor vehicle shall be subject to the penalty provided in section 286-61.

(n) Any organization that receives a motor vehicle as a charitable donation shall be deemed, upon receipt of the motor vehicle, to be a transferee for purposes of this section and shall be subject to all of the applicable rights, responsibilities, and liabilities of a transferee under this section.

(o) Proof by the transferor that the transferor has filed the notice form in subsection (i) or (j) shall serve as a complete defense to any action brought against the transferor for an act or omission, civil or criminal, arising from the use, operation, or abandonment of the vehicle by another person after the transferor's filing of the notice form; provided that a copy of the form shall serve as proof of the filing of the form.

(p) A transferor who submits false or fraudulent information to complete the provisions of this section requiring action by the transferor shall be fined not less than $500 and not more than $1,000. [L 1929, c 197, §8; RL 1935, §2671; am L 1935, c 74, §2; RL 1945, §7342; am L 1949, c 188, §1; RL 1955, §160-10; am L 1966, c 18, §4; am L 1967, c 79, §3, c 181, §§1, 2, and c 214, §5; HRS §286-52; am L 1968, c 9, §2; am L 1970, c 125, §1; am L 1976, c 200, pt of §1; am L 1978, c 92, §4; am L 1980, c 123, §1 and c 162, §1; am L 1987, c 279, §1; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1993, c 78, §1; am L 1994, c 70, §§1, 2; am L 1995, c 164, §4; am L 1996, c 13, §5; am L 2000, c 241, §3; am L 2001, c 12, §1; am L 2022, c 227, §2 and c 229, §4; am L 2023, c 60, §1; am L 2025, c 109, §2]
Haw. Rev. Stat. § 291C-165.5 — HI Code / Division 1 / Title 17 / Chapter 291C / Section 291C-165.5
Motor vehicle towing and storage; settlement; disabled vehicles.
Status: in_force

(a) Notwithstanding any other provision of this chapter, any vehicle identified for removal pursuant to any county ordinance ordering removal of motor vehicles by any county police department for traffic violations, or any vehicle involved in a motor vehicle accident that cannot be moved under its own power or is otherwise disabled, including a vehicle which constitutes an obstruction or hazard to traffic, may be towed away at the expense of the registered owner of the vehicle, as provided by this section.

(b) The towing company shall determine the name of the lien holder and the last registered owner of the vehicle from the department of transportation or the county department of finance. The lien holder and the registered owner shall be notified by the towing company in writing at the address on record with the department of transportation or with the county department of finance by registered or certified mail of the location of the vehicle, together with a description of the vehicle, within a reasonable period not to exceed twenty days following the tow. The notice shall state:

(1) The maximum towing charges and fees allowed by law;

(2) The telephone number of the county finance department that arranged for or authorized the tow; and

(3) That if the vehicle is not recovered within thirty days after the mailing of the notice, the vehicle shall be deemed abandoned and will be sold or disposed of as junk.

Any towing company engaged in towing pursuant to this section shall comply with the requirements of section 291C-135. When the vehicle is recovered after the tow by the last registered owner or lien holder, the party recovering the vehicle shall pay the tow and storage charges which shall not exceed the charges as provided by section 290-11(b) or the rates agreed upon with the respective counties, whichever is lower, except that tow operators may charge additional reasonable amounts for excavating vehicles from off-road locations and any additional amount allowed by section 290-11(b) for overturned vehicles; provided that if the notice required by this section was not sent within twenty days after the tow, neither the last registered owner nor the lien holder shall be required to pay the tow and storage charges. No notice shall be sent to a legal or last registered owner or any person with any unrecorded interest in the vehicle whose name or address cannot be determined. Any person who violates any provision of this section shall be deemed to have:

(1) Engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2 and subject to the penalties and remedies of chapter 480; and

(2) Furnished services without a license within the meaning of section 487-13 and subject to penalties and remedies under chapter 487.

(c) When a vehicle is recovered by the owner or lien holder before written notice is sent by registered or certified mail, the towing company shall provide the owner or lien holder with a receipt stating the maximum towing charges and fees allowed by law and the telephone number of the county finance department that arranged for or authorized the tow.

(d) When a vehicle is not recovered within thirty days after the mailing of the notice, it shall be deemed abandoned and the owner of the towing company, or the owner of the towing company's authorized representative, after one statewide public notice as required in section 1-28.5, may negotiate a sale of the vehicle or dispose of it as junk.

(e) The authorized seller of the vehicle shall be entitled to the proceeds of the sale to the extent that compensation is due to the authorized seller for services rendered in respect to the vehicle, including reasonable and customary charges for towing, handling, storage, and the cost of the notices and advertising required by this part. Any remaining balance shall be forwarded to the registered owner or lien holder of the vehicle if the registered owner or lien holder is found. If the registered owner or lien holder cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the registered owner or lien holder of the vehicle if a proper claim is filed therefor within one year from the execution of the sales agreement. The lien holder shall have first priority to the funds to the extent of the lien holder's claim. If no claim is made within the year allowed, the money shall escheat to the State.

(f) The transfer of title and interest by sale under this section is a transfer by operation of law; provided that if the certificate of ownership or registration is unavailable, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest.

(g) In the event that a motor vehicle is involved in an accident and cannot be moved under its own power or is otherwise disabled and constitutes an obstruction or hazard to traffic, and the vehicle has not been ordered to be towed by the applicable county police department, the towing of such vehicle and the towing and storage expenses shall be subject to the provisions of section 290-11(b).

(h) This section shall not apply to a county that has adopted ordinances regulating towing operations. This section shall not apply to automobile clubs or towing companies operating under a contract with an automobile club, insurer, or motor vehicle manufacturer. For purposes of this subsection, "automobile club" means a legal entity that, in consideration of dues, assessments, or periodic payments of money, promises to assist its members or subscribers in matters relating to motor travel or the operation, use, or maintenance of a motor vehicle by supplying services that may include but are not limited to towing services and emergency road service. [L 1998, c 139, §1; am L 1999, c 259, §2; am L 2000, c 260, §3; am L 2003, c 84, §5; am L 2020, c 41, §3 and c 55, §1; am L 2024, c 60, §2]
Haw. Rev. Stat. § 291E-40 — HI Code / Division 1 / Title 17 / Chapter 291E / Section 291E-40
Judicial review; procedure.
Status: in_force

(a) If the director sustains the administrative revocation after an administrative hearing, the respondent, or parent or guardian of a respondent under the age of eighteen, may file a petition for judicial review within thirty days after the administrative hearing decision is mailed. The petition shall be filed with the clerk of the district court in the district in which the incident occurred and shall be accompanied by the required filing fee for civil actions. The filing of the petition shall not operate as a stay of the administrative revocation, nor shall the court stay the administrative revocation pending the outcome of the judicial review. The petition shall be appropriately captioned. The petition shall state with specificity the grounds upon which the petitioner seeks reversal of the administrative revocation.

(b) The court shall schedule the judicial review as quickly as practicable, and the review shall be on the record of the administrative hearing without taking of additional testimony or evidence. If the petitioner fails to appear without just cause or, in the case of a petitioner under the age of eighteen, the petitioner fails to appear with a parent or guardian, the court shall affirm the administrative revocation.

(c) The sole issues before the court shall be whether the director:

(1) Exceeded constitutional or statutory authority;

(2) Erroneously interpreted the law;

(3) Acted in an arbitrary or capricious manner;

(4) Committed an abuse of discretion; or

(5) Made a determination that was unsupported by the evidence in the record.

(d) The court shall not remand the matter back to the director for further proceedings consistent with its order. [L 2000, c 189, pt of §23]
Haw. Rev. Stat. § 286-28 — HI Code / Division 1 / Title 17 / Chapter 286 / Section 286-28
Fines.
Status: in_force

The department shall supervise and cause inspections to be made of official inspection stations and shall issue a fine, in an amount determined by the department by rule, to a station that it finds is not properly conducting inspections. After three violations, the permit issued to the station pursuant to section 286-27 shall be subject to suspension or revocation. The department shall maintain and post at its office lists of all stations holding permits and those whose permits have been suspended or revoked.