reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-1 Disposition by counties of certain abandoned vehicles.

§290-1 Disposition by counties of certain abandoned vehicles.
(a) The counties shall cause vehicles that have been abandoned to be taken into custody within ten business days of abandonment. For the purposes of this subsection, a vehicle is "abandoned" if it is defined to be abandoned by an ordinance of the county in which the vehicle is located; provided that the ordinance shall provide a minimum distance and timeframe in which a vehicle must be moved after the initial inspection in order to not be classified as being abandoned. If the vehicle has not moved the minimum distance within the specified timeframe as required by the county ordinance after the initial inspection, the agency designated to carry out the functions and requirements of this section shall provide notice that the vehicle must be moved the minimum distance within the specified timeframe or the vehicle shall be classified as abandoned and subject to removal as provided by this chapter. In the absence of such an ordinance, a vehicle is "abandoned" if it is left unattended for a continuous period of more than twenty-four hours and it is unlawfully parked on any public highway or other public property or private lands defined as a setback, shoulder, easement, or right of way that is adjacent to or part of a public highway. The mayors of the several counties may designate an agency within their counties to carry out the functions and requirements of this section. For the purposes of this subsection, "agency" means any office, department, or other governmental unit of the county.
(b) The Hawaii public housing authority may cause vehicles that have been abandoned on any public housing property owned, managed, or administered by the Hawaii public housing authority to be taken into custody and disposed of. For the purposes of this subsection, a vehicle is "abandoned" if it is left unattended for a continuous period of more than twenty-four hours after a notice is conspicuously posted on the vehicle that the vehicle is subject to disposal pursuant to this subsection.
(c) At the request of the landowner, a county may cause vehicles to be taken into custody and disposed of that have been abandoned on roads for which dedication to the State or county is pending. For purposes of this subsection, a vehicle is deemed abandoned if it is left unattended for a continuous period of more than twenty-four hours after a notice is conspicuously posted on the vehicle stating that the vehicle is subject to disposal pursuant to this subsection. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-1; am L 1984, c 261, §1; am L 1992, c 238, §1; am L 1997, c 350, §14; am L 2005, c 162, §1 and c 196, §26; am L 2006, c 180, §16; am L 2009, c 193, § §1, 4; am L 2018, c 48, §2; am L 2022, c 228, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-2 Notice to owner.

§290-2 Notice to owner.
(a) Upon taking custody of any abandoned vehicle, a written notice shall immediately be sent by registered or certified mail to the legal and registered owner of the vehicle at the address on record at the vehicle licensing division. The notice shall contain a brief description of the vehicle, the location of custody, and intended disposition of the vehicle if not repossessed within ten days after the mailing of the notice, or in the case where the address of the registered owner on record at the vehicle licensing division is an out-of-state address, within twenty business days after the mailing of the notice. A notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined. Absent evidence to the contrary, a notice shall be deemed received by the legal or registered owner five days after the mailing.
(b) The county agency designated by the mayor to carry out the functions and requirements of section 290-1 and this section shall adopt rules pursuant to chapter 91 regarding notification of vehicle owners.
(c) For purposes of this section, "business days" shall exclude Saturdays, Sundays, and state holidays. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-2; am L 1989, c 158, §3; am L 1991, c 65, §2; am L 2011, c 122, §1; am L 2018, c 48, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-3 Public auction.

§290-3 Public auction.
If the vehicle is not repossessed within the time limits provided in section 290-2, the vehicle may be disposed of by public auction, through oral tenders, or by sealed bids, after public advertisement has been made once in a newspaper of general circulation; provided that the public auction shall not be held less than five days after the publication has been made. Where no bid is received, the vehicle may be either sold by negotiation, disposed of or sold as junk, or donated to any governmental agency. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-3; am L 2018, c 48, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-4 Repossession by person entitled.

§290-4 Repossession by person entitled.
Any person entitled to the vehicle may repossess the same prior to the date of public auction upon payment of all towing, handling, storage, appraisal, advertising, and any other expenses incurred in connection with the vehicle. If the person claiming the vehicle is not the legal or registered owner, the person may repossess the vehicle upon paying the foregoing expenses and posting adequate security not to exceed the value of the vehicle. The security, if not forfeited, shall be returned two years from receipt. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-4; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-5 Waiver of public auction requirements.

§290-5 Waiver of public auction requirements.
The requirements of public auction may be waived when the value of any vehicle is less than $1,000 as determined by the director of finance or authorized representative or the vehicle is:
(1) Missing major components or so materially damaged as to render the vehicle inoperable; and
(2) The registration period has expired for the vehicle.
In that event, the vehicle, after public advertisement has been made pursuant to section 1-28.5, may be disposed of in the same manner as when a vehicle is put up for public auction and for which no bid is received. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-5; am L 1989, c 158, §4; am L 2006, c 62, §1; am L 2007, c 8, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-6 Effect of transfer of title.

§290-6 Effect of transfer of title.
The transfer of title and interest by sale hereunder shall be considered a transfer by operation of law and shall be governed by provisions applicable thereto; provided that in the event the certificate of ownership or registration is unavailable, the bill of sale executed by the authorized county officer is satisfactory evidence authorizing the transfer of such title or interest. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-6]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-7 Disposition of proceeds.

§290-7 Disposition of proceeds.
All proceeds from the sale of vehicles shall be deposited into the general fund of the county. The legal or registered owner is entitled to recover the excess of the proceeds from the sale over expenses, if the claim is filed with the county within one year from the execution of the sales agreement. The registered owner shall receive priority of payment to the extent of the registered owner's lien on the vehicle. The county may file a claim within the same period against the legal or registered owner or person with an unrecorded interest for the deficiencies between the sale proceeds and expenses. [L 1949, c 194, pt of §1; RL 1955, pt of §138-32; am L 1967, c 267, pt of §1; HRS §290-7; gen ch 1985]
Cross References
Highway beautification and disposal of abandoned or derelict vehicles revolving fund, see §286-51(b).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-8 Derelict vehicle.

§290-8 Derelict vehicle.
A vehicle shall be deemed a derelict vehicle by the administrative head of the county agency designated to carry out section 290-1, or by the executive director or a representative of the executive director of the Hawaii public housing authority in the case of a vehicle that has been abandoned on property owned, managed, or administered by the authority, if a part has been removed or material damage to the vehicle has rendered the vehicle inoperable and one of the following conditions exists:
(1) The vehicle is registered for the current registration period and the registered and legal owners no longer reside at the addresses on record with the county director of finance;
(2) The vehicle has been registered for the current or previous registration period and the registered and legal owners disclaim ownership, or a notice of transfer has been submitted by the registered and legal owners and recorded with the director of finance and the new owner has not transferred the title or registration into the new owner's name within thirty days of release;
(3) The vehicle identification number and license plates have been removed so as to nullify efforts to locate or identify the current registered and legal owners;
(4) The vehicle has not been registered for the previous twelve month period; or
(5) The vehicle registration records of the county director of finance contain no record that the vehicle has ever been registered in the county.
Prior to authorizing the removal of a derelict vehicle, the administrative head of the county agency designated to carry out section 290-1 or the executive director or a representative of the executive director of the Hawaii public housing authority in the case of vehicles that have been abandoned on property owned, managed, or operated by the authority, shall notify the county chief of police only if the vehicle is reported stolen or otherwise needed for police investigation. [L 1971, c 28, pt of §1; am L 1983, c 96, §1; am L 1985, c 21, §1; am L 1987, c 77, §1; am L 1992, c 238, §2; am L 1996, c 58, §1; am L 1997, c 350, §14; am L 2005, c 196, §26(a); am L 2006, c 147, §2 and c 180, §16; am L 2018, c 48, §5]
Case Notes
Plaintiff asserted that this section and §290-9 were unconstitutional and that the municipality was subject to liability under 42 U.S.C. §1983 on the grounds that an ordinance implemented the sections and therefore constituted an official policy statement by the municipality; no basis found for imposing liability on the municipality under 42 U.S.C. §1983. 333 F. Supp. 2d 942 (2004).
This section and §290-9 are not facially unconstitutional except for condition (6) set forth in this section, which allows for the immediate disposition, without notice, of derelict cars older than ten years and unconstitutionally violates the requirements of due process. 333 F. Supp. 2d 942 (2004).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-9 Disposition of derelict vehicle.

§290-9 Disposition of derelict vehicle.
A derelict vehicle may be immediately disposed of or sold as junk without having to comply with the requirements of section 290-2 and 290-5. [L 1971, c 28, pt of §1]
Case Notes
Plaintiff asserted that §290-8 and this section were unconstitutional and that the municipality was subject to liability under 42 U.S.C. §1983 on the grounds that an ordinance implemented the sections and therefore constituted an official policy statement by the municipality; no basis found for imposing liability on the municipality under 42 U.S.C. §1983. 333 F. Supp. 2d 942 (2004).
Section 290-8 and this section are not facially unconstitutional except for condition (6) set forth in §290-8, which allows for the immediate disposition, without notice, of derelict cars older than ten years and unconstitutionally violates the requirements of due process. 333 F. Supp. 2d 942 (2004).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-10 Disposition of unclaimed vehicle.

§290-10 Disposition of unclaimed vehicle.
Whenever a county ordinance authorizes the police or other agency designated by the mayor of the county to remove and store vehicles, a vehicle removed and stored under authority of such ordinance may be deemed to have been abandoned for the purposes of this chapter if not claimed within twenty-four hours by a person entitled to possession. Such vehicle may be disposed of in accordance with this chapter for the disposition of abandoned vehicles. [L 1971, c 28, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-12 Leaving abandoned or derelict vehicles.

§290-12 Leaving abandoned or derelict vehicles.
The registered owner of an abandoned vehicle, as defined in section 290-1, or a derelict vehicle, as defined in section 290-8, found on any roadway, alley, street, way, lane, trail, bridge, or highway or other public property or on private property without authorization of the owner or occupant shall be fined not more than $1,000; provided that the registered owner shall not be fined if the abandoned or derelict vehicle has been stolen or taken from the registered owner without permission or authorization. [L 1973, c 148, pt of §1; am L 1984, c 175, §1; am L 1985, c 52, §1; am L 1986, c 31, §1; am L 1993, c 214, §11]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-13 Abandoned vehicles; prohibition on transfer; suspension, revocation, or prohibition of renewal of driver's license; notification.

§290-13
Abandoned vehicles; prohibition on transfer; suspension, revocation, or prohibition of renewal of driver's license; notification.
(a) The county director of finance shall deny issuance of a certificate of registration, in accordance with section 286-51, and prohibit completion of any transfer of ownership, in accordance with sections 286-52 and 286-52.5, of an abandoned vehicle whose registered owner has outstanding charges and fines relating to the disposition of the abandoned vehicle, including for costs related to towing, storage, processing, and disposal.
(b) The county director of finance shall notify the appropriate county examiner of drivers of any registered owners of abandoned vehicles in the county who have outstanding charges and fines relating to the disposition of an abandoned vehicle. The county examiner of drivers shall then suspend, revoke, or prohibit the renewal of the registered owner's driver's license in accordance with sections 286-107 and 286-119. [L 2022, c 229, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-21 Disposition of vehicles by persons in motor vehicle repair business.

[ §290-21] Disposition of vehicles by persons in motor vehicle repair business.
When any person abandons a motor vehicle upon the premises of a motor vehicle repair business, the owner of the business or the owner's authorized representative may sell or dispose of the vehicle in accord with this part. [L 1969, c 178, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-22 When vehicle deemed abandoned.

§290-22 When vehicle deemed abandoned.
A motor vehicle shall be deemed to be abandoned upon satisfaction of the following conditions:
(1) The service requested or required by a person whose vehicle is towed or brought to a motor vehicle repair business, such as towing and rendering estimates of the cost of repairs has been performed; and
(2) No authorization is given to perform any further service respecting the vehicle but the vehicle is left on the repair business premises; and
(3) The owner of the repair business or the owner's authorized representative has given notice by registered or certified mail to the legal and registered owner of the motor vehicle at the addresses on record in the vehicle licensing division stating that, if the vehicle is not repossessed within thirty days after the mailing of the notice, it will be sold or disposed of as junk. The notice also shall contain a description of the vehicle and its location. The notice need not be sent to a legal or registered owner or any person with an unrecorded interest in the vehicle whose name or address cannot be determined; and
(4) The vehicle is not repossessed within the above mentioned thirty-day period. [L 1969, c 178, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-23 Sale or disposition of vehicle.

§290-23 Sale or disposition of vehicle.
When a vehicle is abandoned, the owner of the vehicle repair business, or the owner's authorized representative, after one public advertisement in a newspaper of general circulation in the State, may negotiate a sale of the vehicle or dispose of it as junk. [L 1969, c 178, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-24 Disposition of proceeds.

§290-24 Disposition of proceeds.
The authorized seller of the vehicle shall be entitled to the proceeds of the sale to the extent that compensation is due the authorized seller for services rendered in respect of the vehicle, including reasonable and customary charges for towing, handling, storage, and the cost of the notices and advertising required by this part. Any remaining balance shall be forwarded to the legal or registered owner of the vehicle if the legal or registered owner can be found. If the legal or registered owner cannot be found, the balance shall be deposited with the director of finance of the State and shall be paid out to the legal or registered owner of the vehicle if a proper claim is filed therefor within one year from the execution of the sales agreement. If no claim is made within the year allowed, the money shall become a state realization. [L 1969, c 178, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-25 Effect of transfer of title.

§290-25 Effect of transfer of title.
The transfer of title and interest by sale under this part is a transfer by operation of law; provided that if the certificate of ownership or registration is unavailable, a bill of sale executed by an authorized seller is satisfactory evidence authorizing the transfer of the title or interest. [L 1969, c 178, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-41 Notice to police department.

§290-41 Notice to police department.
Before a vehicle is towed by any business engaged in towing vehicles, the owner of the towing business or the owner's designated representative shall notify the police department of the county by telephone to determine if the police department of the county has any investigative interest in that vehicle, describing the vehicle, the place from which it is to be towed, and such other information as the police department requires to be furnished. If the vehicle is towed and not claimed within forty-eight hours from the time the vehicle is towed, a written notification, containing the same information, shall immediately be sent to the police department by the owner of the business or the owner's designated representative. [L 1971, c 119, §2; am L 1982, c 36, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-42 Disposition of license plates.

§290-42 Disposition of license plates.
Whoever shall abandon a vehicle, or having attained custody of an abandoned vehicle, disposes of, or conveys it as junk shall remove and transmit any license plates on such vehicle to the county agency charged with carrying out the functions and requirements of this chapter. The county agency receiving the license plates shall provide for the destruction of the plates. Violation of this section shall be a misdemeanor. [L 1973, c 147, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-45 Penalties.

§290-45 Penalties.
Whoever violates any of the provisions of this chapter or any lawful rule adopted by the director of finance under authority of this chapter, for the violation of which no penalty is provided by law, shall be fined not less than $150 nor more than $500. [L 1982, c 91, §1; am L 1985, c 52, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 290. Abandoned Vehicles › 290-46 Abandoned vehicles; repeat offender; penalty.

§290-46
Abandoned vehicles; repeat offender; penalty.
A person who is the registered owner of a vehicle that was deemed abandoned or derelict pursuant to this chapter shall be subject to a fine for each vehicle as follows:
(1) For the third violation, a fine of $750; and
(2) For a fourth or subsequent violation, a fine of $1,000. [L 2022, c 297, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-1 NEW Definitions.

Law Journals and Reviews
Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).
§291-1 NEW Definitions.
As used in this part:
"Intoxicating liquor" means the same as the term is defined in section 281-1.
"Public street, road, or highway" includes the entire width, including berm or shoulder, of every road, alley, street, way, lane, trail, highway, bikeway, bridge, when any part thereof is open for use by the public, including any bicycle lane, bicycle path, bikeway, controlled-access highway, laned roadway, roadway, or street, as defined in section 291C-1, and any public highway, as defined in section 264-1.
"Scenic lookout" includes any area within or adjoining a public street, road, or highway which is intended for use by motorists as a stopping or parking area attendant to the enjoyment of the surrounding scenery or a view. [L 1986, c 171, §2; am L 2002, c 16, §14]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped.

§291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped.
(a) No person shall consume any intoxicating liquor while operating a motor vehicle or moped upon any public street, road, or highway.
(b) No person shall possess, while operating a motor vehicle or moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.
(c) Any person violating this section shall be fined not more than $2,000 or imprisoned not more than thirty days, or both. [L 1981, c 152, pt of §1; am L 1986, c 171, §3; am L 1987, c 33, §7; am L 1998, c 287, §3; am L 2000, c 62, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle.

§291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle.
(a) No person shall consume any intoxicating liquor while a passenger in any motor vehicle or on any moped upon any public street, road, or highway.
(b) No person shall possess, while a passenger in a motor vehicle or on a moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.
(c) Any person violating this section shall be guilty of a petty misdemeanor. [L 1981, c 152, pt of §1; am L 1986, c 171, §4; am L 1987, c 33, §8; am L 2000, c 62, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout.

§291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout.
(a) No person shall keep in a motor vehicle, or on a moped when such vehicle or moped is upon any public street, road, or highway or at any scenic lookout, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed or fully removed, unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers.
(b) No person shall consume any intoxicating liquor at any scenic lookout.
(c) Subsection (a) shall not apply to a recreational or other vehicle not having a separate trunk compartment.
(d) Any person violating this section shall be guilty of a violation. [L 1981, c 152, pt of §1; am L 1986, c 171, §5; am L 1987, c 33, §9; am L 2000, c 62, §3]
Case Notes
Based on the clear language of subsection (b) and §287-3(a), and because subsection (b) does not describe a "moving violation" which arises from the "operation of a motor vehicle", the district court disregarded the statutory requirements and abused its discretion in determining that a violation of subsection (b) was properly included as part of defendant's traffic abstract. 123 H. 293 (App.), 233 P.3d 713 (2010).
Where there was nothing in the record to base a conclusion that defendant intentionally relinquished any right to challenge an improper listing of a subsection (b) violation on defendant's abstract, and there was nothing to suggest the traffic abstract was contemplated or should have been contemplated before defendant admitted to the violation, or that defendant had actual or constructive knowledge that defendant's admission could lead to the violation appearing on defendant's abstract, the district court abused its discretion in concluding that defendant waived defendant's defenses or rights related to the abstract. 123 H. 293 (App.), 233 P.3d 713 (2010).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-3.4 Exceptions; consumption or possession of intoxicating liquor while a passenger in a motor vehicle, storage of opened container containing intoxicating liquor.

§291-3.4 Exceptions; consumption or possession of intoxicating liquor while a passenger in a motor vehicle, storage of opened container containing intoxicating liquor.
Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor. [L 1985, c 89, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-4.6 Driving after license suspended or denied for noncompliance with an order of support; penalties.

§291-4.6 Driving after license suspended or denied for noncompliance with an order of support; penalties.
(a) No person whose driver's license has been suspended, denied, or otherwise restricted pursuant to section 576D-13 shall operate a motor vehicle upon the public streets, roads, or highways of this State while the person's license remains suspended or denied.
(b) Any person convicted of violating this section shall be sentenced as follows:
(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section:
(A) A term of imprisonment at least three consecutive days but not more than thirty days;
(B) A fine not less than $250 but not more than $1,000; and
(C) License suspension or denial shall continue until written authorization of compliance is issued by the child support enforcement agency, the office of child support hearings, or the family court; and
(2) For an offense which occurs within five years of a prior conviction under this section:
(A) Thirty days' imprisonment;
(B) A fine of $1,000; and
(C) License suspension or denial shall continue until written authorization of compliance pursuant to section 576D-13 [is] issued by the child support enforcement agency, the office of child support hearings, or the family court. [L 1997, c 293, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-8 Freight on motor cars; projection of, prohibited.

§291-8 Freight on motor cars; projection of, prohibited.
It shall be unlawful for any person driving, operating, or in charge of any motor car or truck used for the transportation of passengers, to carry or permit to be carried any baggage or freight on the motor car or truck in such manner that the same or any part thereof projects beyond the extreme width of the motor car or truck. [L 1917, c 69, §1; RL 1925, §4406; RL 1935, §6296; RL 1945, §11709; RL 1955, §311-15; HRS §291-8]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-9 Freight; on running board.

§291-9 Freight; on running board.
No person shall carry on the running board of any motor car or truck used for the transportation of passengers any baggage, freight, or packages which project in any way beyond the running board, or which will cause the doors of the motor car or truck to be blocked so that the passengers therein have not free access to the same. [L 1917, c 69, §2; RL 1925, §4407; RL 1935, §6297; RL 1945, §11710; RL 1955, §311-16; HRS §291-9]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-10 Penalty.

§291-10 Penalty.
Any person violating any of the provisions of sections 291-8 and 291-9 shall be fined not less than $5 nor more than $150. [L 1917, c 69, §3; RL 1925, §4408; RL 1935, §6298; RL 1945, §11711; RL 1955, §311-17; HRS §291-10]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-11 Riders and passengers under seven years of age on motorcycles and motor scooters prohibited; penalty.

§291-11 Riders and passengers under seven years of age on motorcycles and motor scooters prohibited; penalty.
(a) It shall be unlawful for any driver of a motorcycle or motor scooter to carry as a passenger or to permit to ride thereon any person under the age of seven years.
(b) A driver of a motorcycle or motor scooter shall be permitted to carry as a passenger or permit to ride thereon any person under the age of seven years; provided that the motorcycle or motor scooter:
(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6.
(c) A motorcycle or motor scooter driver who violates this section shall be fined not more than $200. [L 1967, c 214, §20; HRS §291-11; am L 1968, c 48, §4; am L 1970, c 164, §3; am L 1994, c 120, §3]
Cross References
Riding on motorcycles, see §291C-152.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-12 Inattention to driving.

§291-12 Inattention to driving.
Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100, which shall be deposited into the trauma system special fund. [L 1971, c 150, §2; am L 1977, c 180, §1; am L 1998, c 287, §4; am L 2008, c 231, §6; am L 2016, c 231, §58]
Case Notes
Section not limited to public property but applies to private property as well. 55 H. 505, 523 P.2d 315 (1974).
In order to convict under this section, the conduct and result elements all must be proven, along with the requisite state of mind; the "alternative means" theory of this section expressed by the intermediate court of appeals in Momoki rejected. 118 H. 1, 185 P.3d 186 (2008).
In order to convict under this section, the prosecution has the burden of proving beyond a reasonable doubt that defendant (1) operated a vehicle "without due care or in a manner" (conduct) (2) "as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property" (result of conduct), and that defendant did so (3) intentionally, knowingly, or recklessly. 118 H. 1, 185 P.3d 186 (2008).
The term "collision", in this section, should carry its common meaning, and not the more expansive technical definitions used in some contexts; under such a construction, "collision" generally refers to "an automobile coming in contact with some other vehicle or some perpendicular object obstructing the course of its progress"; where defendant's front truck wheels were stuck hanging one foot over the parking lot edge, defendant's vehicle was not involved in a collision as a matter of law and defendant thus could not be convicted under this section. 118 H. 1, 185 P.3d 186 (2008).
To the extent that the "without due care" designation fails to map the state of mind requirement described as "negligently" in the Hawaii penal code, no state of mind is clearly specified by this section; thus, the default states of mind of "intentionally", "knowingly", or "recklessly", would be required as to each element of this section. 118 H. 1, 185 P.3d 186 (2008).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-13 Traffic laws apply to persons driving mopeds.

§291-13 Traffic laws apply to persons driving mopeds.
Every person driving a moped upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter except as to the special provisions of this part and except as to those provisions of this chapter which by their nature can have no application. [L 1981, c 24, §1]
Cross References
Special rules for mopeds, see § §291C-191 to 291C-207.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-14 Pickup trucks; passenger restrictions.

§291-14 Pickup trucks; passenger restrictions.
(a) No person shall stand in the bed or load-carrying area of any motor vehicle commonly known as a pickup truck while the vehicle is in operation. No operator of any pickup truck shall operate the vehicle with a passenger seated in the bed or load-carrying area of the vehicle unless:
(1) There is no seating available in the cab of the vehicle;
(2) The side racks of the vehicle are securely attached and the tailboard or tailgate is securely closed;
(3) Every passenger in the bed or load-carrying area of the vehicle is seated on the floor and does not attempt to control unlashed cargo.
(b) This section shall not apply to persons or corporations operating a business or businesses that serve the public, who or which are subject to the jurisdiction, supervision, and regulations prescribed by state agencies or departments nor to their agents or employees when engaged in the business of such persons or corporations.
(c) No operator of any pickup truck may operate the vehicle with any passenger twelve years of age or under in the bed or load-carrying area of the vehicle, unless one of the following applies:
(1) An emergency exists that threatens the life of the passenger being transported in the bed or load-carrying area of the vehicle; or
(2) The vehicle is being operated in parades, caravans, or exhibitions which are officially authorized or otherwise permitted by law.
(d) Any person who violates this section shall be subject to a fine of $25 for each violation; provided that any person who violates subsection (c) shall be subject to a fine of $50 for each separate violation.
(e) As used in this section, "pickup truck" means a light truck that has a cab on the front part of the vehicle covering the driver's seat and an open bed behind the cab designed primarily to transport property or cargo, with sides and a tailgate to retain the contents within the confines of the bed, and has a maximum gross vehicle weight rating (GVWR) of 11,000 pounds or less. [L 1989, c 167, §1; am L 1990, c 122, §1; am L 1997, c 60, §6 and c 105, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-15 Trauma system surcharge.

§291-15 Trauma system surcharge.
(a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that:
(1) The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of the offense; and
(2) The maximum of which may be $100 if the violation is an offense under section 291-12.
(b) The surcharge shall not be ordered when the court determines that the defendant is unable to pay the surcharge.
(c) The person shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the trauma system special fund pursuant to section 321-22.5. [L 2008, c 231, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-16 Safe routes to school program surcharge.

§291-16 Safe routes to school program surcharge.
(a) In addition to any other civil penalties ordered by the court, a person who violates any provision under this part shall be ordered to pay a safe routes to school program surcharge of $10.
(b) The person shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance who shall credit the surcharge to the safe routes to school program special fund established under section 291C-4. [L 2012, c 317, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-17 Mobile electronic devices; use while operating a commercial motor vehicle prohibited.

§291-17 Mobile electronic devices; use while operating a commercial motor vehicle prohibited.
(a) No person with a commercial driver's license shall use a mobile electronic device, including using the mobile electronic device for texting as defined under section 286-231, while operating a commercial motor vehicle, as defined under section 286-2.
(b) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this section.
(c) The following persons shall be exempt from the provisions of subsection (a):
(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;
(2) Drivers using two-way radios while in the performance and scope of their work-related duties and who are operating motor carrier vehicles as defined in section 286-201; and
(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.
(d) Any person who is convicted of violating subsection (a) shall be fined not more than $2,750 in addition to the driving disqualification of section 286-240(e).
(e) As used in this section:
"Emergency responders" means any firefighters, emergency medical technicians, mobile intensive care technicians, emergency management workers, police officers, and federal and state law enforcement officers.
"Mobile electronic device" means any handheld or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing wireless or data communications, or both, between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, or any device to input, write, send, receive, or read text, but does not include any equipment installed in a commercial motor vehicle for the purpose of providing audio, navigation, or emergency assistance to the operator of the commercial motor vehicle or video entertainment to the passengers in the rear seats of the commercial motor vehicle. A "two-way radio" or Private Land Mobile Radio System as defined by title 47 of the Code of Federal Regulations, part 90, when used for business purposes, shall not be considered to be a "mobile electronic device".
"Operate a commercial motor vehicle" means to drive or assume actual physical control of a commercial motor vehicle upon a public way, street, road, or highway in the State.
"Texting" means the same as defined under [section] 286-231.
"Use or using a mobile electronic device" means holding a mobile electronic device while operating a commercial motor vehicle. [L 2012, c 311, §1; am L 2014, c 111, §28]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-18 Intentional release of exhaust emissions prohibited; penalty.

§291-18 Intentional release of exhaust emissions prohibited; penalty.
(a) No person shall cause a diesel- or gas-powered vehicle to discharge clearly visible smoke, soot, or other exhaust emissions onto another person or motor vehicle when modifications to a vehicle's parts are adjusted to bypass pollution controls, or the vehicle is equipped with defeat devices, including electronic programmers or tuners to adjust fuel and timing settings while also turning off certain emission controls that are designed to inhibit the release of visible exhaust.
(b) This section shall not apply to:
(1) Drag racing events that are organized by government or private entities and either sanctioned by an official hot rod association or held on a track sanctioned by an official hot rod association;
(2) Military events;
(3) Community events; and
(4) Parade events.
(c) Any person who violates this section shall be fined no less than $500. [L 2023, c 223, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-21.3 Definitions.

§291-21.3 Definitions.
As used in this chapter:
"Flatrack" means an open-sided platform mounted on a chassis without motive power designed to be drawn by a motor vehicle and used to carry property.
"FMVSS" means the Federal Motor Vehicle Safety Standards.
"Glazing material" means any glass, plastic, or like material, manufactured for use in or on a vehicle, including but not limited to windshields, window openings, or interior partitions.
"Light transmittance" means the ratio of the amount of total visible light, expressed in percentages, which is allowed to pass through the product or material, including the glazing material, to the amount of total visible light falling on the product or material and the glazing material.
"Sun screening devices" means products or materials used or designed to be used in conjunction with glazing materials for the purpose of reducing the effects of the sun, including, but not limited to tinting films and perforated sun screening materials, but excluding louvered materials. [L 1983, c 294, pt of §2; am L 1986, c 188, §1; am L 1994, c 30, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-22 Regulation of exhaust pipe and muffler.

§291-22 Regulation of exhaust pipe and muffler.
It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof. [L 1941, c 140, §2; RL 1945, §11718; RL 1955, §311-24; HRS §291-22; am L 1979, c 105, §28]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-23 Penalty.

§291-23 Penalty.
Whoever is convicted of violating any of the provisions of section 291-22 shall be fined not more than $100. [L 1941, c 140, §4; RL 1945, §11720; RL 1955, §311-26; HRS §291-23; am L 1978, c 222, §6]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-24 Motorcycles and mopeds, noisy mufflers; penalty.

§291-24 Motorcycles and mopeds, noisy mufflers; penalty.
(a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that:
(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
shall not be required to be equipped with a muffler.
(b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise.
(c) Whoever violates this section shall be fined not more than $100. [L 1949, c 21, §1; RL 1955, §311-27; HRS §291-24; am L 1978, c 222, §7; am L 1986, c 189, §1; am L 1994, c 120, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-24.5 Motor vehicle muffler.

§291-24.5 Motor vehicle muffler.
(a) No person shall use on a public highway, sell, alter or install a muffler which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory.
(b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than $25 nor more than $250 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation. [L 1977, c 79, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291. Traffic Violations › 291-24.6 Motor vehicle alarm systems.

§291-24.6 Motor vehicle alarm systems.
(a) "Motor vehicle alarm system" means any device that is designed or used for the detection of an unauthorized entry into a motor vehicle, or for alerting others to the commission of an unlawful act, or both, and that emits a sound when activated.
(b) If a motor vehicle alarm system installed in a motor vehicle is activated and emits a sound for more than five continuous minutes, the registered owner of the motor vehicle shall be fined not more than $100; provided that after the third violation within a five-year period, the fine shall be:
(1) $250 for the fourth violation;
(2) $375 for the fifth violation; and
(3) $500 for a sixth or subsequent violation.
(c) An offense under this section shall be a violation for which a police officer shall issue a summons or citation to the registered owner of the vehicle. [L 1984, c 104, §1; am L 2004, c 102, §1; am L 2005, c 74, §2]