reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-23 Certificate furnished by nonresident as proof.

§287-23 Certificate furnished by nonresident as proof.
(a) The nonresident owner of a motor vehicle not permanently registered in the State may give proof of financial responsibility by filing with the administrator a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in the certificate is registered or if the nonresident does not own a motor vehicle, then in the state in which the insured resides, provided the certificate otherwise conforms with this chapter, and the administrator shall accept the same upon condition that the insurance carrier complies with the following provisions with respect to the policy so certified:
(1) The insurance carrier shall execute a power of attorney authorizing the insurance commissioner to accept service on its behalf of notice of process in any action arising out of a motor vehicle action in the State;
(2) The insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of the State relating to the terms of motor vehicle liability policies issued herein.
(b) If any insurance carrier not authorized to transact business in the State, which has qualified to furnish proof of financial responsibility, defaults in any such undertakings or agreements, the administrator shall not thereafter accept as proof any certificate of the carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues. [L 1949, c 393, pt of §1; RL 1955, §160-101; HRS §287-23; am L 1980, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-24 Motor vehicle liability policy defined.

§287-24 Motor vehicle liability policy defined.
A "motor vehicle liability policy" as used in this chapter means an owner's or a driver's policy of liability insurance, certified as provided in section 287-22 or section 287-23 as proof of financial responsibility, and issued, except as otherwise provided in section 287-23, by an insurance carrier duly authorized to transact business in the State, to or for the benefit of the person named therein as insured. [L 1949, c 393, pt of §1; RL 1955, §160-102; HRS §287-24; am L 1970, c 164, §3]
Case Notes
This section limits omnibus clause coverage of §287-25 to policies which have been certified. 52 H. 80, 470 P.2d 521 (1970).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-25 Owner's policy requirements.

§287-25 Owner's policy requirements.
An owner's policy of liability insurance:
(1) Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted;
(2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the State and such other places as the policy provides, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $10,000 because of bodily injury to or death of one person in any one accident, and subject to such limit for one person, $20,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of others in any one accident. [L 1949, c 393, pt of §1; RL 1955, §160-103; am L 1963, c 98, §1; HRS §287-25]
Cross References
Policy coverage: motorcycles and motor scooters, see §431:10G-301; motor vehicles (no-fault law), see §431:10C-301.
Case Notes
Initial permission rule, discussed. 901 F.2d 765 (1990).
Insurance omnibus clause protects insured, uninsured permittee-driver, and injured. 50 H. 212, 437 P.2d 99 (1968).
Requirement as to coverage of persons using with permission, construed. 50 H. 212, 437 P.2d 99 (1968).
Where terms of insurance policy are in conflict with statute, latter takes precedence. 50 H. 212, 437 P.2d 99 (1968).
Omnibus clause coverage is limited by §287-24 to certified policies. 52 H. 80, 470 P.2d 521 (1970).
Defendant was not a permissive user of insured vehicle and was therefore not a "covered person" under insurance contract. 78 H. 249, 891 P.2d 1041 (1995).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-26 Driver's policy requirements.

§287-26 Driver's policy requirements.
A driver's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon the person by law for damages arising out of the use by the person of any motor vehicle not owned by the person, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance. [L 1949, c 393, pt of §1; RL 1955, §160-104; HRS §287-26; am L 1970, c 164, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-27 Contents of motor vehicle liability policy.

§287-27 Contents of motor vehicle liability policy.
Every motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter. [L 1949, c 393, pt of §1; RL 1955, §160-105; HRS §287-27]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-28 Liabilities which need not be covered.

§287-28 Liabilities which need not be covered.
A motor vehicle liability policy need not insure any liability under chapter 386 relating to workers' compensation nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any such motor vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured. [L 1949, c 393, pt of §1; RL 1955, §160-106; HRS §287-28; am L 1975, c 41, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-29 General provisions governing liability policies.

§287-29 General provisions governing liability policies.
Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on the insured's behalf and no violation of the policy shall defeat or void the policy;
(2) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage;
(3) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in section 287-25(2);
(4) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with this chapter shall constitute the entire contract between the parties. [L 1949, c 393, pt of §1; RL 1955, §160-107; HRS §287-29; gen ch 1985]
Case Notes
It is not mandatory to obtain an automobile liability policy. 146 F. Supp. 729 (1956).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-30 Excess coverage permitted.

§287-30 Excess coverage permitted.
Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and the excess or additional coverage shall not be subject to this chapter. With respect to a policy which grants such excess or additional coverage the term "motor vehicle liability policy" shall apply only to that part of the coverage which is required by this chapter. [L 1949, c 393, pt of §1; RL 1955, §160-108; HRS §287-30]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-31 Reimbursement of insurer; proration of insurance.

§287-31 Reimbursement of insurer; proration of insurance.
Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for this chapter.
Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance. [L 1949, c 393, pt of §1; RL 1955, §160-109; HRS §287-31]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-32 Combining policies and issuing binders to meet requirements.

§287-32 Combining policies and issuing binders to meet requirements.
The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.
Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy. [L 1949, c 393, pt of §1; RL 1955, §160-110; HRS §287-32]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-33 Notice of cancellation or termination of certified policy.

§287-33 Notice of cancellation or termination of certified policy.
When an insurance carrier has certified a motor vehicle liability policy under section 287-22 or a policy under section 287-23, the insurance so certified shall not be canceled or terminated until at least ten days after a notice of cancellation or termination of the insurance so certified is filed in the office of the administrator, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates. [L 1949, c 393, pt of §1; RL 1955, §160-111; HRS §287-33; am L 1980, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-34 Chapter not to affect other policies.

§287-34 Chapter not to affect other policies.
(a) This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
(b) This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured. [L 1949, c 393, pt of §1; RL 1955, §160-112; HRS §287-34; gen ch 1985]
Cross References
No-fault law, see article 10C of chapter 431.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-35 Bond as proof.

§287-35 Bond as proof.
(a) Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within the State, or a bond with at least two individual sureties each owning real estate within the State, and together having equities equal in value to at least twice the amount of the bond, which real estate shall be scheduled in the bond approved by the insurance commissioner, which bond shall be conditioned for payment of the amounts specified in section 294-10(a). The bond shall be filed with the administrator and shall not be cancelable except after ten days' written notice to the administrator. The bond shall constitute a lien in favor of the State upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed the bond, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a motor vehicle after the bond was filed upon the filing of notice to that effect and the filing of a certified copy of the final judgment in the office of the registrar of conveyances.
(b) If such a judgment, rendered against the principal on the bond is not satisfied within sixty days after it has become final, the judgment creditor may, for the judgment creditor's own use and benefit and at the judgment creditor's sole expense, bring an action or actions in the name of the State against the company or persons executing the bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed the bond, such action to conform as near as may be with the procedure for the foreclosure of mortgages. [L 1949, c 393, pt of §1; RL 1955, §160-113; HRS §287-35; am L 1980, c 84, pt of §1; gen ch 1985; am L 1986, c 339, §33]
Note
Section 294-10(a) referred to in text is repealed. For present provision, see §431:10C-301.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-36 Money or bonds as proof.

§287-36 Money or bonds as proof.
(a) Proof of financial responsibility may be evidenced by the certificate of the administrator that the person named therein has deposited with the administrator $25,000 in cash or bonds. The administrator shall not accept any such deposit and issue a certificate therefor unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
(b) The deposit shall be held by the administrator to satisfy, in accordance with this chapter any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a motor vehicle after the deposit was made. Money or bonds so deposited shall not be subject to attachment or execution unless the attachment or execution arises out of a suit for damages as aforesaid. [L 1949, c 393, pt of §1; RL 1955, §160-114; am L Sp 1959 2d, c 1, §14; am L 1963, c 98, §1 and c 114, §1; HRS §287-36; am L 1980, c 84, pt of §1; gen ch 1985; am L 1992, c 120, §1; am L 1993, c 6, §10]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-37 Owner may give proof for others.

§287-37 Owner may give proof for others.
Whenever any person required to give proof of financial responsibility hereunder is or later becomes a driver in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the administrator shall accept proof given by the owner in lieu of proof by the other person to permit the other person to operate a motor vehicle for which the owner has given proof as herein provided. The administrator shall designate the restrictions imposed by this section on the face of such person's license. [L 1949, c 393, pt of §1; RL 1955, §160-115; HRS §287-37; am L 1970, c 164, §3; am L 1980, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-38 Substitution of proof.

§287-38 Substitution of proof.
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. [L 1949, c 393, pt of §1; RL 1955, §160-116; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §287-38; am L 1980, c 84, pt of §1; am L 1992, c 120, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-39 Other proof may be required.

§287-39 Other proof may be required.
Whenever any proof of financial responsibility filed under this chapter no longer fulfills the purposes for which required, the administrator shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresident's operating privilege pending the filing of such other proof. [L 1949, c 393, pt of §1; RL 1955, §160-117; HRS §287-39; am L 1980, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-40 Duration of proof; when proof may be canceled or returned.

§287-40 Duration of proof; when proof may be canceled or returned.
(a) Upon request, the administrator shall consent to the immediate cancellation of any bond or certificate of insurance, return to the person entitled thereto any money or bonds deposited pursuant to this chapter as proof of financial responsibility, or waive the requirement of filing proof, in any of the following events:
(1) At any time after three years from the date the proof was required when, during the three-year period preceding the request, the administrator has not received record of a conviction that would require or permit the suspension or revocation of the license or nonresident's operating privilege of the person by or for whom the proof was furnished;
(2) In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; and
(3) If the person who has given proof surrenders the person's license to the administrator.
(b) Notwithstanding subsection (a), the administrator shall not consent to the cancellation of any bond or the return of any money or bonds if any action for damages upon a liability covered by the proof is then pending or any judgment upon any such liability is then unsatisfied, or if within one year immediately preceding the request the person who has filed the bond or deposited the money or bonds has been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that the applicant has been released from all of the applicant's liability, or has been finally adjudicated not to be liable, for the injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the administrator.
(c) Whenever any person whose proof has been canceled or returned under subsection (a)(3) applies for a license or registration within a period of three years from the date proof was originally required, the application shall be refused unless the applicant reestablishes the proof for the remainder of the three-year period. [L 1949, c 393, pt of §1; RL 1955, §160-118; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §287-40; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; gen ch 1985; am L 1992, c 120, §3; am L 1993, c 6, §11; am L 2020, c 70, §37]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-41 Surrender of license on violation.

§287-41 Surrender of license on violation.
Any person whose license has been suspended as herein provided, or whose policy of insurance or bond, when required under this chapter, has been canceled or terminated, or who neglects to furnish other proof upon request of the administrator shall immediately surrender the person's license to the administrator. If any person fails to surrender to the administrator the license as provided herein, the administrator shall forthwith direct any police or other peace officer to secure possession thereof and return the same to the administrator. [L 1949, c 393, pt of §1; RL 1955, §160-119; HRS §287-41; am L 1980, c 84, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-42 Self-insurers.

§287-42 Self-insurers.
(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]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-43 Assigned risk plans.

§287-43 Assigned risk plans.
The insurance commissioner may approve any reasonable plan for the equitable apportionment among insurance companies authorized to issue automobile liability policies in the State of applicants for such policies and for motor vehicle liability policies who are in good faith entitled to but are unable to procure such policies through ordinary methods. When any such plan has been approved after consultation with the insurance companies all insurance companies authorized to do business in the State shall subscribe thereto and participate therein. Any applicant for any such policy, any policy insured under any such plan, and any insurance company affected may appeal to the insurance commissioner from any ruling or decision of the manager or committee designated under the plan to operate the plan. Any person aggrieved by any order or act of the insurance commissioner may file an appeal therefrom either in the office of the clerk of the circuit court of the first circuit, or if the appellant is a resident of any other circuit, either in the first circuit or in the circuit in which the appellant resides within thirty days after the effective date of the order or act in the same manner as is provided in section 287-2. The insurance commissioner shall transmit to the clerk of the court the papers referred to in section 287-2 and the attorney general shall render assistance to the insurance commissioner upon the insurance commissioner's request. [L 1949, c 393, pt of §1; RL 1955, §160-121; HRS §287-43; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-44 Penalties.

§287-44 Penalties.
(a) Any person convicted of a violation of section 287-41 shall be fined not more than $1,000 or imprisoned not more than one year, or both. Any person convicted of a violation of any other section in this chapter shall be fined not more than $1,000.
(b) The administrator shall have the right to suspend the license of any person failing to make any report required hereunder until the report has been filed and for such further period not to exceed thirty days as the administrator may fix.
(c) Any person who gives information required in a report or otherwise as provided for in section 287-4, knowing or having reason to believe that the information is false, or who forges or, without authority, signs any evidence of proof of financial responsibility, or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(d) Any person whose license has been suspended or revoked under this chapter and who during the suspension or revocation drives any motor vehicle upon any highway or knowingly permits any motor vehicle to be operated by another upon any highway except as permitted under this chapter shall be fined not more than $500 or imprisoned not more than six months, or both.
(e) Any person failing to surrender the person's license as required by section 287-41 shall be fined not more than $500 or imprisoned not more than six months, or both. [L 1949, c 393, pt of §1; RL 1955, §160-122; HRS §287-44; am L 1980, c 84, pt of §1; gen ch 1985; am L 1993, c 214, §10]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-45 Exceptions.

§287-45 Exceptions.
This chapter, except for section 287-20 shall not apply with respect to any motor vehicle owned by the United States, this State, or any political subdivision thereof; nor, except for sections 287-4 and 287-37, with respect to any motor vehicle which is subject to the requirements of chapter 288. [L 1949, c 393, pt of §1; am L 1951, c 184, §1; RL 1955, §160-123; HRS §287-45]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-46 Chapter supplemental to traffic ordinances and motor vehicle laws.

§287-46 Chapter supplemental to traffic ordinances and motor vehicle laws.
This chapter shall in no respect be considered as a repeal of any ordinance relating to traffic or motor vehicles, except as herein provided, or the state law relating thereto, but shall be construed as supplemental thereto. [L 1949, c 393, pt of §1; RL 1955, §160-124; HRS §287-46]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-47 Other relief available.

§287-47 Other relief available.
Nothing in this chapter shall be construed as preventing the plaintiff in any action from obtaining relief upon process provided by any provision of law. [L 1949, c 393, pt of §1; RL 1955, §160-125; HRS §287-47]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-48 Application of chapter to suspensions and revocations prior to January 1, 1950.

§287-48 Application of chapter to suspensions and revocations prior to January 1, 1950.
Notwithstanding any provision herein to the contrary, the administrators of the several counties may accept the prescribed proof of financial responsibility from any person whose license has been suspended or revoked on account of a conviction based on an offense occurring prior to January 1, 1950, and who now applies for the issuance of a license. Upon acceptance of such proof, the duration, cancellation, or return thereof shall be governed by section 287-40.
The administrators may also waive the requirement of furnishing such proof if the person mentioned in the preceding paragraph, for a period of three years prior to the person's application for a license, has not been convicted of any additional offense or offenses which would require or permit the suspension or revocation of a license. [L 1949, c 393, pt of §2; am L 1953, c 81, §1; RL 1955, §160-126; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §287-48; am L 1980, c 84, pt of §1; gen ch 1985; am L 1992, c 120, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-1 Application of chapter.

§288-1 Application of chapter.
This chapter shall not be applicable to any common carrier subject to section 269-21. [L 1943, c 171, §2; RL 1945, §7430; RL 1955, §160-140; HRS §288-1]
Note
Section 269-21 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-2 Definitions.

§288-2 Definitions.
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]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-3 Common carriers of passengers to be insured.

§288-3 Common carriers of passengers to be insured.
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. [L 1953, c 268, pt of §1; RL 1955, §160-142; HRS §288-3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-4 Conditions of policy.

§288-4 Conditions of policy.
The policy of insurance shall insure the common carrier named therein against loss from the liability imposed by law for damages arising out of the operation of the common carrier, the limits of which policy of insurance shall not be less than the standard public liability limit of $5,000 for bodily injury to or death of any one person in any one accident and subject to such limitation for one person, not less than $10,000 for bodily injuries to or death of two or more persons in any one accident, and not less than $5,000 for liability for damage to property of others for any one accident. Before the certificate referred to in section 288-3 is filed, the insurer shall file a copy of the form of policy of insurance referred to in the certificate with the treasurer or director of finance of each county in which any such certificate is filed. [L 1953, c 268, pt of §1; RL 1955, §160-143; HRS §288-4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-5 Bond in lieu of insurance, allowed when.

§288-5 Bond in lieu of insurance, allowed when.
In lieu of the policy of insurance, any common carrier who has exhausted all reasonable means of securing the foregoing insurance but has been refused the same, may deposit with the treasurer or director of finance a surety bond, payable to the county in which it is to operate, in the principal sum of $5,000, with adequate sureties justifying thereon pursuant to section 78-20, and approved by the county auditor or director of finance. If the surety or sureties on the bond are other than a surety company authorized to do business under the laws of the State, there shall be not more than four such sureties who shall severally justify in such amounts as, taken together, will aggregate the full amount of the bond. In the case of such other sureties the auditor or director of finance shall require that the sureties shall also severally deposit with the auditor or director of finance bonds, stocks, or other negotiable securities, or execute and deliver to the auditor or director of finance a deed or deeds of trust of real property, all of such character as are satisfactory to the auditor or director of finance, each surety to furnish such security to the full cash value of one hundred per cent of the amount for which the surety has so justified; provided that if there be but one personal surety the one personal surety shall so justify for the full amount of the bond. The bond shall be conditioned on the payment, up to the sum of $5,000, of any final judgment procured against the common carrier for the death of or personal injury to any person or persons or loss or damage to property of another or any accident or omission connected with the operation of the common carrier. [L 1941, c 186, §2; am L 1943, c 171, pt of §1; RL 1945, §7432; RL 1955, §160-144; HRS §288-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-6 Bond prerequisite to license.

§288-6 Bond prerequisite to license.
No license shall be issued in any county under section 445-222 unless and until the applicant therefor deposits with the treasurer or director of finance of the county a policy of insurance or a bond as hereinabove described. [L 1941, c 186, §3; am L 1943, c 171, pt of §1; RL 1945, §7433; RL 1955, §160-145; HRS §288-6]
Note
Section 445-222 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-7 Cancellation of insurance, revocation of license.

§288-7 Cancellation of insurance, revocation of license.
The policy of insurance or bond shall be subject to cancellation only after ten days' written notice filed with the treasurer or director of finance of the county, or upon surrender of the license issued for the vehicle involved under section 445-222, or upon the filing of a substitute policy of insurance or bond complying with this chapter. Upon cancellation of any such policy of insurance or bond without the filing of a substitute therefor the county treasurer or director of finance shall immediately recall, confiscate, and cancel the license issued under section 445-222 for the vehicle involved. [L 1941, c 186, §4; am L 1943, c 171, pt of §1; RL 1945, §7434; RL 1955, §160-146; HRS §288-7]
Note
Section 445-222 referred to in text is repealed.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 288. Common Carriers, Compulsory Insurance › 288-8 Penalty.

§288-8 Penalty.
Any person who violates this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. [L 1941, c 186, §6; RL 1945, §7435; RL 1955, §160-147; HRS §288-8]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-1 Definitions.

§289-1 Definitions.
As used in this chapter:
"Business" includes any activities engaged in by any person or organization or caused to be engaged in by the person or it for the object of gain, benefit, or advantage, either direct or indirect.
"Catalytic converter" means a device that is incorporated in a motor vehicle's exhaust system and contains a catalyst for converting pollutant gas emissions into less harmful emissions, regardless of whether the device has been removed from a motor vehicle's exhaust system.
"Director of finance" means the director of finance of each county.
"Engaged in business", "engaging in business", and equivalent expressions mean commencing, conducting, or continuing in, holding oneself out by advertising, or any other means of being in a business, as well as liquidating a business when the liquidator thereof holds oneself out to be conducting the business. However, making or negotiating a casual or isolated sale or purchase is not engaging in business, but the sale or negotiation for the purchase by any person, during any period of one year, of more than three used motor vehicle parts or accessories (except as an incident to the established business of a licensed seller) shall be presumptive evidence that the person negotiating for, or effecting such sale or purchase is engaging in the business of selling or negotiating the purchase of used motor vehicle parts or accessories and that, if unlicensed pursuant to this chapter, the person negotiating for, or effecting such sale or purchase is violating section 289-2 of this chapter.
"Motor vehicle" means every vehicle which is self-propelled.
"Retail", "sale at retail", "retail sale", and equivalent expressions, mean the act or attempted act of selling a used motor vehicle part or accessory to a person for use as a consumer.
"Sale", "selling", and equivalent expressions, mean the act or attempted act, either as principal or an agent or in any capacity whatsoever, of selling, bartering, exchanging, or otherwise disposing of, or negotiating, or offering, or attempting to negotiate, the sale, purchase, or exchange of, or any interest in, a used motor vehicle part or accessory.
"Used motor vehicle part or accessory" means a motor vehicle part or motor vehicle accessory which has been the subject of prior sale at retail, either individually or attached to a motor vehicle as a component part or accessory thereof.
"Wholesale", "sale at wholesale", "wholesale sale", and equivalent expressions mean any sale other than a retail sale. [L 1967, c 277, §2; HRS §289-1; gen ch 1985; am L 2022, c 88, §4]
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-2 Unlicensed person not to engage in business.

§289-2 Unlicensed person not to engage in business.
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]
Cross References
Motor vehicle repairs, see chapter 437B.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-3 Application for a license.

§289-3 Application for a license.
(a) Any person desiring to engage in any business described in section 289-2 shall file an application for a license therefor with the director of finance. The application for a license shall be made on the form prescribed by the director of finance and shall contain the following information:
(1) Name of applicant and location of principal place of business;
(2) The kind or nature of the business or businesses enumerated in section 289-2 which is to be conducted;
(3) Name or style under which the business is to be conducted;
(4) Name and address of each owner or partner, and, if a corporation, the names of the officers and directors;
(5) Address of each place of business at which the business is to be conducted;
(6) A statement showing whether or not the applicant has previously applied for a license under this chapter and the result of the application, and whether or not the applicant has ever been the holder of such a license which was revoked or suspended;
(7) If the applicant is a corporation or copartnership, a statement showing whether or not any of the partners, employees, officers, or directors has been refused such a license, or has been the holder of such a license which was revoked or suspended.
(b) Prior to the expiration of a license issued under this chapter, in lieu of an application for any renewal of a license as required herein, the director of finance may accept a verified certificate signed by the licensee showing that there has been no change, or no change with specified exceptions, since the last filing of an application in respect to:
(1) Personnel of owners, partners, officers, or directors;
(2) Location of offices, or principal place of business; and
(3) That no proceeding is pending for the suspension or revocation of the licensee's existing license.
(c) A fee of $10 shall accompany each application for a license. [L 1967, c 277, §4; HRS §289-3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-4 Issuance of license.

§289-4 Issuance of license.
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 June 30 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. [L 1967, c 277, §5; HRS §289-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-5 Suspension and revocation of license.

§289-5 Suspension and revocation of license.
The director of finance shall suspend or revoke a license, upon notice and reasonable opportunity to be heard by the licensee, if the director of finance finds:
(1) The license was fraudulently procured or erroneously issued; or
(2) The licensee or any partner or principal officer of the licensee, if a partnership or a corporation, has failed to comply with this chapter or the laws of the State relating to the registration of motor vehicles; or
(3) The licensee has been guilty of a fraudulent act in connection with selling or otherwise dealing in a wrecked or rebuilt motor vehicle or in dealing in used motor vehicle parts or accessories; or
(4) The licensee has been convicted of a felony or misdemeanor involving moral turpitude, and not pardoned; or
(5) In case the licensee is a corporation, partnership, trust, or other business association, the director of finance may revoke or suspend the license in the event the director of finance finds that any officer, director, trustee, employee, or partner of the licensee has been guilty of any act or omission which would be cause for revoking or suspending a license issued to such officer, director, trustee, employee, or partner as an individual; or the director of finance's findings may be based on facts contained in the application, or any other information the director of finance may have, or both. [L 1967, c 277, §6; HRS §289-5; gen ch 1985]
Cross References
Conviction of a crime as disqualification, see §831-3.1.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-6 Records to be kept.

§289-6 Records to be kept.
Every licensee shall keep a record, and maintain it for three years, in the form the director of finance prescribes, of the purchases, consignments, sales, and exchanges, moneys, commissions, or any other thing of value paid or agreed to be paid to any person for each wrecked, salvaged, or rebuilt motor vehicle, used motor vehicle part or accessory purchased, sold, consigned to be sold, or exchanged, and the records shall be at all times open to the inspection of the director of finance, or the director of finance's authorized representative, or any police officer. The records shall contain:
(1) The name, address, and driver's license number of all persons from whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is purchased or received, the date of their receipt or acquisition, and the consideration given;
(2) The name and address of any person to whom any wrecked, salvaged, or rebuilt motor vehicle, or used motor vehicle part or accessory is sold, consigned to be sold, or otherwise exchanged, the consideration received therefor, and its date of disposition;
(3) The name and address of any person who has received any money, commissions, or anything of value, or to whom the same is due and owing, in connection with the sale or purchase of any such motor vehicle, or used motor vehicle part or accessory; and
(4) A description of every such motor vehicle, used motor vehicle part, or accessory, including the identifying number or numbers for each such motor vehicle or used motor vehicle part or accessory. [L 1967, c 277, §7; HRS §289-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-7 Director of finance to maintain records.

§289-7 Director of finance to maintain records.
The director of finance shall promulgate, pursuant to chapter 91, the rules and regulations necessary for the carrying out of this chapter and also prescribe the forms for the applications, licenses, and other documents mentioned herein, and shall create and maintain in the director of finance's office an appropriate filing system to accommodate the records required to be filed with the director of finance by this chapter. [L 1967, c 277, §8; HRS §289-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-8 Penalties.

§289-8 Penalties.
(a) Whoever violates any of the provisions of this chapter or any lawful rule or regulation promulgated 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 $25 nor more than $500.
(b) Any person who violates section 289-2, 289-9, or 289-10 shall be guilty of a class C felony. [L 1967, c 277, §9; HRS §289-8; am L 2022, c 88, §5]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 289. Used Motor Vehicle Parts and Accessories › 289-10 Payment for catalytic converter purchased by licensee; check; mailing.

§289-10 Payment for catalytic converter purchased by licensee; check; mailing.
If a licensee purchases a catalytic converter, payment for the catalytic converter shall be made by check payable to the seller. At the time of sale of the catalytic converter, the seller shall present to the licensee a valid photo identification card or driver's license of the seller issued by a federal or state government agency authorized to issue valid identification. The check may be mailed to the address shown on the identification, or the licensee may arrange for the check to be picked up personally by the seller at the place of business of the licensee. [L 2022, c 88, pt of §2]