reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-95 Bankruptcy, insolvency, death.

§281-95 Bankruptcy, insolvency, death.
If a licensee becomes a legally adjudicated bankrupt, or makes an assignment for the benefit of the licensee's creditors, or dies, before the expiration of the term of the licensee's license, the licensee's trustee in bankruptcy, assignee, or personal representative, as the case may be, may, with the consent of the liquor commission, continue to exercise the license for the purpose of closing the affairs of the estate; but if not so continued within forty-five days the commission shall cancel the license.
If a mortgage on the premises covered by a license is foreclosed before the expiration of the term of the license, the mortgagee, or the mortgagee's authorized representative or a duly appointed commissioner of sale may, with the consent of the commission, continue to exercise the license or continue it in effect for the purpose of completing a sale of the premises under the foreclosure proceedings. Notwithstanding any rule or regulation of the commission to the contrary, the payment of any renewal fee for a license issued for the premises involved in foreclosure proceedings or additional fee accrued on the basis of gross sales made under such a license may be withheld until sale of the premises has been completed. [L Sp 1933, c 40, §58; RL 1935, §2627; RL 1945, §7279; RL 1955, §159-94; am L 1959, c 207, §1; HRS §281-95; am L 1976, c 87, §6 and c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-96 Cancellation.

§281-96 Cancellation.
If the use of the premises covered by any license becomes lost to the licensee by reason of being sold under foreclosure proceedings, or a civil execution, or other legal process, or for any other cause, which shall force a cessation of the business of the licensee thereon under the license (other than by a revocation or suspension of the licensee's license), the liquor commission may cancel or suspend the license unless the liquor commission has approved the safekeeping of the license pursuant to section 281-41(j). [L Sp 1933, c 40, §59; RL 1935, §2628; RL 1945, §7280; RL 1955, §159-95; HRS §281-96; am L 1976, c 87, §7; gen ch 1985; am L 1990, c 171, §30; am L 2017, c 184, §6]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-97 When sale without license authorized.

§281-97 When sale without license authorized.
In case a license is revoked or canceled or not renewed, the licensee may with the permission of and upon the conditions set by the liquor commission sell intoxicating liquors then in the licensee's possession within sixty days, or within such additional time allowed by the commission, unless under this chapter the same are seized or forfeited.
Any bank, trust company, or financial institution owning or possessing intoxicating liquor which was acquired by the bank, trust company, or financial institution in the ordinary course of its business, may sell the intoxicating liquor with the permission of and upon conditions set by the commission.
Any person acting as personal representative, or guardian of a licensee's estate, or any receiver, assignee for benefit of creditors, trustee in bankruptcy, may sell the stock of intoxicating liquor with the permission of and upon conditions set by the commission, except as otherwise provided in this chapter.
Any insurance company, or any common carrier acting as an insurer for losses to persons shipping intoxicating liquor, may take possession of and sell the intoxicating liquor, the containers of which have been damaged by fire or otherwise, with the permission of and upon conditions set by the commission.
Any person in possession of a stock of lawfully acquired intoxicating liquor under a foreclosure proceeding, proceedings for enforcement of a lien, civil execution, or under any other proceeding or process, may sell such intoxicating liquor with the permission of and upon conditions set by the commission. [L Sp 1933, c 40, §60; RL 1935, §2629; RL 1945, §7281; am L 1951, c 223, §1(12); RL 1955, §159-96; HRS §281-97; am L 1972, c 177, §8; am L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-101 Unlicensed manufacture or sale of liquor; penalty.

§281-101 Unlicensed manufacture or sale of liquor; penalty.
(a) If any person, acting in person or by or through any agent, servant, or employee, manufactures any liquor, either directly or indirectly, or upon any pretense or by any subterfuge, except as authorized pursuant to this chapter, the person shall be fined not more than $2,000 or imprisoned not more than one year, or both.
(b) If any person, acting in person or by or through any agent, servant, or employee, sells any liquor, either directly or indirectly, or upon any pretense or by any subterfuge, except as authorized pursuant to this chapter, the person shall be guilty of a class C felony. [L Sp 1933, c 40, §62; RL 1935, §2630; RL 1945, §7282; RL 1955, §159-100; HRS §281-101; gen ch 1985; am L 1990, c 171, §31; am L 2019, c 15, §2]
Case Notes
Sale without a license. 37 H. 1 (1944).
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-102 Other offenses; penalty.

§281-102 Other offenses; penalty.
If any person violates this chapter or any rule or regulation in effect by authority of this chapter, whether in connection therewith a penalty is referred to or not, for which violation no penalty is specifically prescribed, the person shall be imprisoned not more than six months or fined not more than $1,000, or both. [L Sp 1933, c 40, §63; RL 1935, §2631; am L Sp 1941, c 89, §1(g); RL 1945, §7283; RL 1955, §159-101; am L 1957, c 164, §1; HRS §281-102; am L 1971, c 79, §2; gen ch 1985; am L 1990, c 171, §32]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-102.5 Purchasing from other than primary source of supply; penalty.

§281-102.5 Purchasing from other than primary source of supply; penalty.
(a) No licensee authorized to import liquor into this State shall order, purchase, or receive liquor for resale unless the licensee orders, purchases or receives it from the primary source of supply for the brand of liquor sought to be sold. No licensee authorized to import liquor into this State may sell liquor purchased or received by the licensee to any person if the liquor has not been purchased or received by the licensee from the primary source of supply.
(b) No supplier shall solicit, accept or fill any order for any liquor from any licensee authorized to import liquor into this State unless the supplier is the primary source of supply for the brand of liquor sold or sought to be sold.
(c) The commission or board shall revoke for a period of not less than six months the license of any manufacturer, rectifier, wholesaler, retailer, or other licensee who violates, directly or indirectly, the provisions of this section. The penalty prescribed in this section is cumulative and in addition to any other penalties prescribed in this chapter.
(d) For purposes of this section, "primary source of supply" means:
(1) The manufacturer of the liquor, if the liquor can be secured directly from the manufacturer by United States wholesalers, or
(2) The rectifier, the owner of the liquor at the time it becomes a marketable product, the bottler, the importer, or the exclusive agent of any such person, who, if the liquor cannot be secured from the manufacturer by United States wholesalers, is the source closest to the manufacturer in the chain of distribution from whom the product can be secured by the United States wholesalers. [L 1983, c 293, §1; am L 1998, c 249, §17]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-104 Investigators, employees, counsel for.

§281-104 Investigators, employees, counsel for.
Whenever any investigator or other employee of the liquor commission shall be prosecuted for any crime or sued in any civil cause for acts done in the performance of the investigator's or employee's duty as an investigator or employee, the investigator or employee shall be represented and defended in:
(1) The criminal proceeding by an attorney to be employed and paid by the commission; and
(2) The civil cause by the corporation counsel or county attorney of the county in which the investigator or employee is serving or, if permitted under the appropriate county charter, by an outside attorney to be employed and paid for by the commission. [L 1957, c 321, pt of §1; Supp, §159-102.01; HRS §281-104; gen ch 1985; am L 1990, c 171, §33; am L 2020, c 70, §26]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-105 Determination whether acts were in scope of duty.

§281-105 Determination whether acts were in scope of duty.
The determination of whether the acts of an investigator or other employee of the liquor commission, when the investigator or other employee is being prosecuted or sued, were done in the performance of the investigator's or other employee's duty, so as to entitle the investigator or other employee to be represented by the county attorney or corporation counsel of the county or city and county of the commission in question, or by an attorney employed and paid by the commission shall be made by the commission of the county after consultation with the county attorney or corporation counsel who may make a recommendation to the commission in respect thereof if the county attorney or corporation counsel so desires, and such determination shall be conclusive for such purpose only. [L 1957, c 321, pt of §1; Supp, §159-102.02; HRS §281-105; gen ch 1985; am L 1990, c 171, §34]
Revision Note
The second reference to "county attorney or corporation counsel" was substituted for the words "county or city and county attorney" to conform to county charters.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-106 Prosecutions not to exclude other remedies affecting license or goods.

§281-106 Prosecutions not to exclude other remedies affecting license or goods.
The provisions in this chapter for the imposition upon any licensee of the penalties by fine or imprisonment for any violation of this chapter or of any rule or regulation made hereunder having the force of law shall be in addition to and independent of any other right of the liquor commission or the liquor control adjudication board under this chapter to effect a suspension or revocation of the license of the licensee and shall also be in addition to and independent of any proceeding to effect the forfeiture of any liquor or other property belonging to the licensee as contemplated by this chapter. [L Sp 1933, c 40, §65; RL 1935, §2633; RL 1945, §7285; RL 1955, §159-103; HRS §281-106; am L 1998, c 249, §18]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-107 Presumptive evidence.

§281-107 Presumptive evidence.
In any prosecution under this chapter, the fact that any person engaged in any kind of business holds or is required to hold, a license from the government of the United States to manufacture or sell intoxicating liquors or that the person has or keeps in or about the person's place of business or is required to have or keep in or about the person's place of business, a receipt or a stamp showing payment of a special tax levied under the laws of the United States upon the business of manufacturing or selling intoxicating liquors shall be held and deemed competent evidence that such person is manufacturing or selling such liquors or is keeping the same for sale. [L Sp 1933, c 40, §66; RL 1935, §2634; RL 1945, §7286; RL 1955, §159-104; HRS §281-107; gen ch 1985; am L 1987, c 144, §1]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-108 Search warrants; seizure.

§281-108 Search warrants; seizure.
If any person makes complaint, supported by oath, before any district or circuit judge, setting forth facts sufficient to show probable cause that any liquor is being manufactured or kept or deposited for sale or distribution contrary to law within the judge's jurisdiction in any house, premises, or place, or that any such liquor is lodged or contained in any vehicle for transportation by land, water, or air, the judge shall issue a warrant, directed to any sheriff, chief of police, police officer, or investigator, commanding the sheriff, chief of police, police officer, or investigator to search the premises, place, or vehicle described in the complaint. If any intoxicating liquor is found therein under circumstances warranting the belief of the officer that it is being manufactured or is intended for sale or distribution contrary to law, the officer acting under the warrant shall seize and convey the liquor and any land vehicle in which the same is found to some place of security and keep the same until final action is had thereon. When, in case of any entry, it is found that liquor is there being manufactured contrary to this chapter the officer may likewise seize and convey the same to some place of security and keep it until final action is had thereon. [L Sp 1933, c 40, §67; RL 1935, §2635; RL 1945, §7287; RL 1955, §159-105; HRS §281-108; am L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 171, §35 and c 281, §11]
Cross References
Arrests, search warrants, see chapter 803.
Rules of Court
Search warrants, see HRPP rule 41.
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-109 Seizure without warrant.

§281-109 Seizure without warrant.
(a) If any investigator or police officer has information which causes the investigator or police officer to believe that liquor is kept or deposited in any place mentioned in section 281-108, except a dwelling house, or is kept or concealed in any conveyance, container, baggage, or clothing which is in course of transportation along any highway, for sale or distribution contrary to law, and if the investigator or police officer has reason to believe that the delay which would be necessitated by the procurement of a search warrant would result in the loss, destruction, or concealment of the evidence of the violation of law, the investigator or police officer may forthwith, without such warrant, search the suspected place, vehicle, or container; and if the investigator or police officer there finds liquor and other evidence under circumstances warranting the belief that it is intended for sale or distribution contrary to law, the investigator or police officer shall seize and convey the same, including any vehicle in which the same is found, to some place of security, and keep the same until final action is had thereon. The investigator or police officer shall forthwith, after the seizure, make written complaint under oath, setting forth the facts before a judge having competent jurisdiction.
(b) Any evidence seized and conveyed may be kept until final action is had thereof. Should the introduction of a copy or picture of the seized evidence be permitted under the Hawaii rules of evidence, the original evidence may be returned to the appropriate party after such evidence is copied or photographed. [L Sp 1933, c 40, §68; RL 1935, §2636; RL 1945, §7288; RL 1955, §159-106; HRS §281-109; am L 1970, c 188, §39; gen ch 1985; am L 1990, c 171, §36]
Cross References
Arrests, search warrants, see chapter 803.
Rules of Court
Search and seizure, see HRPP rule 41.
Case Notes
Arrest and seizure of a still in operation without warrant upon recognition of odor of mash did not constitute unreasonable search and seizure. 28 H. 173 (1925).
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-110 Arrest; abetters.

§281-110 Arrest; abetters.
The owner, keeper, and any person having the custody of any liquor or property seized as provided in sections 281-108 and 281-109 shall be forthwith arrested without necessity of warrant and brought before the judge having jurisdiction in the premises. If the owner or keeper of the liquor seized is unknown to the investigator or police officer making the seizure, or if no person is found in the apparent possession or custody of the same, the investigator or police officer may arrest and bring before the court the owner or occupant of the building, place, or premises, or the driver, operator, or other person in charge of the conveyance in which the liquor is found, if such person is known or can be ascertained. Any person who has knowingly engaged in, aided, assisted, or abetted the manufacture, obtaining, keeping, or sale of such liquor contrary to law, or has been privy thereto, or has knowingly permitted the use of any place, building, premises, or conveyance for such unlawful purpose, shall be guilty of a misdemeanor and be punished as provided in section 281-102. [L Sp 1933, c 40, §69; RL 1935, §2637; RL 1945, §7289; RL 1955, §159-107; HRS §281-110; am L 1970, c 188, §39; am L 1990, c 171, §37]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-111 Condemnation of property or liquor; disposition.

§281-111 Condemnation of property or liquor; disposition.
Any still, plant, or other equipment shown to have been used for the manufacture of liquor in violation of this chapter and any liquor manufactured or sold in violation of this chapter shall be subject to summary seizure as herein provided or to subsequent seizure, and may be condemned and adjudged forfeited to the State, in addition to any penalty separately provided for the violation, the same to be enforced by appropriate legal proceedings in the name of the State. All property and liquor condemned and forfeited pursuant to this section may be ordered by the court having jurisdiction to be wholly or partially destroyed or to be sold, wholly or partially, for the account of the county wherein the same were seized; provided that the court may order any of the liquor, if suitable, to be delivered to the department of health for distribution to any public institution for use therein for medicinal purposes. The order of the court with respect to property or liquor condemned and forfeited pursuant to this section shall be effectively executed by the sheriff or the sheriff's deputy, or by the chief of police or the chief of police's deputy, or by any police officer, or by the commission's administrator, or by any investigator, within the time as may be fixed in the order but not exceeding sixty days. If any person, whether or not an officer or employee of the State or any county, takes, disposes of, or uses, in any manner or to any extent, any of the property or liquor otherwise than as provided in this section, the person shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 281-102. [L Sp 1933, c 40, §70; RL 1935, §2638; RL 1945, §7290; RL 1955, §159-108; am L Sp 1959 2d, c 1, §19; HRS §281-111; am L 1970, c 188, §39; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 171, §38 and c 281, §11; am L 2020, c 70, §27]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-113 Claims.

§281-113 Claims.
If the owner or possessor of any property or liquor seized under this chapter appears and makes claim to the same, the owner or possessor shall file with the court, before whom the proceedings are pending, the owner's or possessor's claim in writing, setting forth the owner's or possessor's interest therein, and the reason why it should not be adjudged forfeited. The owner or possessor shall also give bond in favor of the State sufficient in amount and sureties, approved by such court, conditioned that such claim will be diligently prosecuted and that if it is decided against the owner or possessor the owner or possessor will pay the costs awarded against the owner or possessor. If the judgment is against the claimant, the property and liquor and all containers thereof shall be adjudged forfeited and disposed of as provided in this chapter and judgment shall be rendered against the claimant for all costs of the proceedings incurred after the filing of the claimant's claim. [L Sp 1933, c 40, §72; RL 1935, §2641; RL 1945, §7292; RL 1955, §159-110; HRS §281-113; am L 1970, c 188, §39; gen ch 1985]
2023 Hawaii Revised Statutes › Title 16. Intoxicating Liquor › 281. Intoxicating Liquor › 281-114 Appeals.

§281-114 Appeals.
An appeal shall be allowed to any claimant of property or liquor seized as aforesaid from the judgment of the court in the same manner as appeals are allowed in other cases before such tribunals. If the claimant fails to appear and prosecute diligently the claimant's appeal, or fails to secure a reversal of the judgment in the appellate court, the judgment appealed from shall be carried out. [L Sp 1933, c 40, §73; RL 1935, §2642; RL 1945, §7293; RL 1955, §159-111; HRS §281-114; am L 1970, c 188, §39; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-3 Powers and duties of the governor.

§286-3 Powers and duties of the governor.
The governor, in addition to other duties and responsibilities conferred upon the governor by the Constitution and laws of the State, may contract and do all other things necessary in behalf of the State to promote traffic safety. To that end the governor shall coordinate the activities of the State and its counties.
The governor may delegate duties and functions conferred upon the governor by this chapter to the director of transportation appointed under the authority of section 26-31 who shall also be designated as the governor's highway safety representative. [L 1967, c 214, pt of §2; HRS §286-3; am L Sp 1977 1st, c 20, §9; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-4.1 Medical advisory board.

§286-4.1 Medical advisory board.
(a) There is established within the office of the state director of transportation for administrative purposes a medical advisory board consisting of not fewer than five physicians licensed to practice in the State. The members of the board shall be appointed by the governor as provided in section 26-34, except as otherwise provided by this section. The board shall consist of physicians with an interest in one or more of the following:
(1) Psychiatry;
(2) Neurology;
(3) Orthopedics;
(4) Ophthalmology or optometry;
(5) Endocrinology;
(6) Geriatrics; or
(7) Addiction medicine.
The members of the board shall serve without compensation but shall be reimbursed for expenses, including travel expense, actually incurred in the performance of their duties under this chapter.
(b) The duties of the board shall include:
(1) The development of a system for medically evaluating persons who an examiner of drivers has reason to believe have mental or physical conditions that might impair their driving ability; and
(2) The furnishing of advice to the examiners of drivers respecting medical criteria and vision standards for motor vehicle drivers. [L 1969, c 128, §1(4); am L 1970, c 164, §3; am L Sp 1977 1st, c 20, §12; am L 1991, c 128, §1; am L 2016, c 120, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-6 County traffic or highway safety councils.

§286-6 County traffic or highway safety councils.
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.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-7 County highway safety programs.

§286-7 County highway safety programs.
Whenever it is determined by the governor to be in the public interest, the governor may delegate highway safety programs or portions thereof to the counties; provided that the program of each county is approved by the governor. Delegations under this section shall be made by gubernatorial proclamation. [L 1967, c 214, pt of §2; HRS §286-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-7.5 Vision Zero.

§286-7.5 Vision Zero.
The department of transportation and the county transportation departments shall adopt a Vision Zero policy that seeks to prevent and ultimately eliminate all traffic fatalities through a combination of engineering, enforcement, education, and emergency response strategies that focus on equity. [L 2019, c 134, §2]
Note
Section applies to any development for which planning and design commences on or after January 1, 2020. L 2019, c 134, §5.
Action plan to reduce traffic fatalities to zero; reports to 2020-2021 legislature. L 2019, c 134, §3.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-8 Rules and regulations.

§286-8 Rules and regulations.
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]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-9 Facilities for physically handicapped persons.

§286-9 Facilities for physically handicapped persons.
The state director of transportation, under the director's authority dealing with highway design, construction, and maintenance and the director's authority dealing with pedestrian safety, shall provide that appropriate facilities be constructed at certain street locations for the use of physically handicapped persons. [L 1969, c 260, §2; am L Sp 1977 1st, c 20, §12; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-10 Arrest or citation.

§286-10 Arrest or citation.
Except when required by state law to take immediately before a district judge a person arrested for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, any person authorized to enforce the provisions of this chapter, hereinafter referred to as enforcement officer, upon arresting a person for violation of any provision of this chapter, including any rule adopted pursuant to this chapter shall issue to the alleged violator a summons or citation printed in the form hereinafter described, warning the alleged violator to appear and answer to the charge against the alleged violator at a certain place and at a time within seven days after such arrest.
The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district courts.
The original of a summons or citation shall be given to the alleged violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution of the original and any other copy.
Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
Any person who fails to appear at the place and within the time specified in the summons or citation issued to the person by the enforcement officer upon the person's arrest for violation of any provision of this chapter, including any rule adopted pursuant to this chapter, shall be guilty of a misdemeanor.
If any person fails to comply with a summons or citation issued to such person, or if any person fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against such person and secure the issuance of a warrant for the person's arrest.
When a complaint is made to any prosecuting officer of the violation of any provision of this chapter, including any rule adopted hereunder, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official of the department of transportation whose name has been submitted to the prosecuting officer and who has been designated by the director to administer the same. [L 1979, c 119, §4; gen ch 1985]
Cross References
Nonresident violator compact, see chapter 291A.
Case Notes
"Arrest" may involve either (1) taking the alleged violator into extended physical custody or (2) issuing the individual a citation. 84 H. 295, 933 P.2d 632 (1997).
Police officers have authority to order alleged violators out of their vehicles in the case of traffic-related criminal offenses, but not in the case of traffic violations or when statutorily required to issue a citation. 84 H. 295, 933 P.2d 632 (1997).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-16 Powers and duties.

§286-16 Powers and duties.
The director of transportation shall prescribe uniform standards and procedures for motor vehicle inspection, driver licensing, and registration, including the form and content of records to be maintained for the registration of vehicles and for the licensing of drivers. [L Sp 1977 1st, c 20, pt of §8]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-17 Enforcement.

§286-17 Enforcement.
The director of transportation shall have such powers and duties of enforcement of statutes and of rules adopted by the director as are necessary to implement this part. The director may delegate the enforcement of this part to the county executive officers. [L Sp 1977 1st, c 20, pt of §8; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-21 Vehicles and mopeds without required equipment or in unsafe condition.

Note
Part heading amended by L 2017, c 12, §61.
§286-21 Vehicles and mopeds without required equipment or in unsafe condition.
No person shall drive or cause to move on any highway any motor vehicle, moped, trailer, semitrailer, or pole trailer, or any combination thereof, unless the equipment thereon is in good working order and adjustment as required in this part and does not endanger the driver or other occupant or any person upon the highway. [L 1967, c 214, pt of §2; HRS §286-21; am L 2016, c 200, §7]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-22 Inspection by officers of the police department.

§286-22 Inspection by officers of the police department.
(a) The chief of police or any police officer of any county may, at any time when the chief of police or police officer has reasonable cause to believe that a vehicle or moped is unsafe or not equipped as required by law, require the owner or driver of the vehicle or moped to submit the vehicle or moped to an inspection or make the necessary corrections or repairs.
(b) If the vehicle or moped is found to be in an unsafe condition or if any required part or equipment is not present or if any required part or equipment is present but not in proper repair, the officer shall issue a citation to the owner or driver stating the reasons that the vehicle or moped is deemed unsafe or is not equipped as required and shall require that a new certificate of inspection as provided in section 286-26 be obtained within five days or that the defect be cured.
(c) If upon inspection, the chief of police or any police officer determines that any vehicle or moped is in such unsafe condition as to constitute a menace to the public or is not equipped as required and cannot reasonably be restored to a safe condition as required in this part, the chief of police or police officer shall remove the sticker which signifies the certificate of inspection and inform the director of finance who shall immediately suspend the registration of the vehicle or moped and give notice of the suspension to its owner. Whenever the director of finance has suspended the registration of any vehicle or moped under this part, the owner of the vehicle or moped shall immediately surrender and forward to the director of finance the certificate of registration and the license plates last issued upon registration of the vehicle for the current year.
(d) Any person aggrieved by this section shall have the right to a hearing before a district judge of the circuit in which the person is cited within five days. The judge shall determine whether the chief of police or any police officer reasonably performed the chief of police's or police officer's duties hereunder and shall make any appropriate order. [L 1967, c 214, pt of §2; HRS §286-22; am L 1970, c 188, § §39, 40; gen ch 1985; am L 2016, c 200, §8]
Revision Note
"Director of finance" substituted for "treasurer" to conform to county charters.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-23 Responsibility for compliance.

§286-23 Responsibility for compliance.
(a) Every owner or driver, upon receiving a citation as provided in section 286-22(b), shall comply therewith and shall within five days secure an official certificate of inspection or make the necessary corrections or repairs, or the driver may request a hearing as provided in section 286-22(d).
(b) No person shall operate any vehicle or moped after receiving a citation with reference thereto as provided in section 286-22(b), except that if the driver is authorized to do so by the police officer, the driver may return the vehicle or moped to the driver's residence or place of business or the residence or place of business of the owner of the vehicle or moped, or to an automotive repair shop, if within a distance of twenty miles, until a certificate of inspection is obtained or the necessary corrections or repairs are made. [L 1967, c 214, pt of §2; HRS §286-23; gen ch 1985; am L 2016, c 200, §9]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-24 Registered owner's responsibility; registration plates as prima facie evidence as to the fault of the registered owner.

§286-24 Registered owner's responsibility; registration plates as prima facie evidence as to the fault of the registered owner.
In any proceeding for violation of this part, the registered owner of a vehicle shall be deemed responsible for the unsafe condition of the vehicle. [L 1967, c 214, pt of §2; HRS §286-24]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-25 Operation of a vehicle or moped without a certificate of inspection.

§286-25 Operation of a vehicle or moped without a certificate of inspection.
Whoever operates, permits the operation of, causes to be operated, or parks any vehicle or moped on a public highway without a current official certificate of inspection, issued under section 286-26, shall be fined not more than $100. [L 1967, c 214, pt of §2; HRS §286-25; am L 1972, c 18, §1; am L 1974, c 106, §1; am L 1993, c 214, §3; am L 2016, c 200, §10]
Case Notes
Statute applied to defendant, where defendant argued that traffic statutes involved only applied to businesses and state vehicles; statute did not violate defendant €™s freedom of movement. 77 H. 222 (App.), 883 P.2d 644 (1994).
It is within the power of the legislature to motivate compliance with safety inspection and liability insurance laws by imposing the penalty specified in this section; because the offense of "expired safety sticker" is a civil traffic infraction and not a criminal offense, the district court improperly found motorist "guilty". 107 H. 508 (App.), 115 P.3d 687 (2005).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-27 Permits to operate official inspection stations.

§286-27 Permits to operate official inspection stations.
(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]
Attorney General Opinions
Military post and base exchanges as official inspection stations; compliance with statute may be required. Att. Gen. Op. 69-3.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-28 Fines.

§286-28 Fines.
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. [L 1967, c 214, pt of §2; HRS §286-28; am L 1968, c 48, §2(c); am L 2018, c 73, §2; am L 2019, c 111, §10]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-29 Improper representation as official inspection station.

§286-29 Improper representation as official inspection station.
Any person who shall in any manner represent that the business operated at any location is an official inspection station without a permit issued by the department under section 286-27, or any person other than a person operating an inspection station under a permit granted by the department who issues a certificate of inspection shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1967, c 214, pt of §2; HRS §286-29; am L 1968, c 48, §2(c)]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-30 False certificates.

§286-30 False certificates.
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. [L 1967, c 214, pt of §2; HRS §286-30; am L 1998, c 287, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-31 Vehicle inspector; certification; renewal.

§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]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-43 Defacing serial numbers, etc., of motor vehicles.

§286-43 Defacing serial numbers, etc., of motor vehicles.
It shall be unlawful for any person to wilfully deface, destroy, or alter the serial number, a component part number, or identification mark of any vehicle, so placed or stamped on any vehicle by the manufacturer for the purpose of identifying the vehicle or its component parts, nor shall any person place or stamp any serial, motor, or other number or mark upon a vehicle, except one assigned thereto by the director of finance.
This section does not prohibit the restoration by an owner of an original motor, or other mark or number, when the restoration is authorized in writing by the director of finance, nor prevent any manufacturer from placing in the ordinary course of business, numbers or marks upon new motor vehicles or new parts thereof. [L 1965, c 5, pt of §1b; Supp, §160-4.1; HRS §286-43]
Revision Note
"Director of finance" substituted for "treasurer" to conform to county charters.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-44.5 Salvage certificate.

§286-44.5 Salvage certificate.
(a) An application for a salvage certificate shall be accompanied by a fee in an amount determined by the director of finance and shall contain:
(1) The name and address of the applicant;
(2) A description of the vehicle being salvaged; and
(3) Any further information reasonably required by the director of finance.
(b) A salvage certificate shall authorize the holder of the certificate to possess, transport but not drive upon a highway, and transfer ownership in a salvage vehicle.
(c) A salvage certificate shall contain the word "salvage" on the face of the certificate and shall be made upon forms prescribed by the director of finance. [L 1984, c 276, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-45 Records of county finance director.

§286-45 Records of county finance director.
The director of finance shall file each application received and register the vehicle therein described in a record or book to be kept by the director of finance under the following headings:
(1) Vehicle registration number;
(2) Name of owner; and
(3) Vehicle identification number.
The director of finance may microfilm vehicle registration and ownership records which are a year old and may discard the original records. The director of finance may discard vehicle registration and ownership records which are older than six years. [L 1929, c 197, § §4, 5; RL 1935, §2668; RL 1945, §7339; RL 1955, §160-5; am L 1959, c 87, §1; am L 1967, c 61, §1; HRS §286-45; am L l969, c 268, §1; am L 1970, c 73, §1(b); gen ch 1985; am L 1998, c 234, § §2, 29; am L 1999, c 263, §2; am L 2000, c 240, § §2, 21; am L 2001, c 55, §12; am L 2002, c 58, §2]