reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-153 Operating motorcycles on roadways laned for traffic.

§291C-153 Operating motorcycles on roadways laned for traffic.
(a) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(b) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(d) Motorcycles shall not be operated more than two abreast in a single lane.
(e) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties. [L 1971, c 150, pt of §1; am L 2018, c 218, § §6, 9]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-154 Clinging to other vehicles.

§291C-154 Clinging to other vehicles.
No person riding upon a motorcycle shall attach oneself or the motorcycle to any other vehicle on a roadway. [L 1971, c 150, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-155 Footrests and handlebars.

§291C-155 Footrests and handlebars.
(a) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.
(b) No person shall operate any motorcycle with handlebars more than fifteen inches in height above that portion of the seat occupied by the operator. [L 1971, c 150, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-162 Provisions uniform throughout State.

§291C-162 Provisions uniform throughout State.
This chapter shall be applicable and uniform throughout the State and in all political subdivisions therein provided that any matter not covered in this chapter relating to rules of the road may be subject to appropriate county ordinances in any county. [L 1971, c 150, pt of §1]
Attorney General Opinions
Inconsistent provisions of Maui ordinance relating to school buses superseded. Att. Gen. Op. 75-4.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-164 Procedure upon arrest.

§291C-164 Procedure upon arrest.
Except when authorized or directed under state law to immediately take a person arrested for a violation of any of the traffic laws before a district judge, any authorized police officer, upon making an arrest for violation of the state traffic laws shall take the name, address, and driver's license number of the alleged violator and the registered license number of the motor vehicle involved and shall issue to the driver in writing a summons or citation, hereinafter described, notifying the driver to answer to the complaint to be entered against the driver at a place and at a time provided in the summons or citation. [L 1978, c 111, pt of §2; am L 1979, c 105, §30; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-167 Summons or citation on illegally parked vehicle.

§291C-167 Summons or citation on illegally parked vehicle.
Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions contained in the state traffic laws, the officer or designated county employee finding the vehicle shall take its registration number and may take any other information displayed on the vehicle that may identify its registered owner and conspicuously shall affix to the vehicle a citation, as described in section 291C-165, for the registered owner of record to answer as provided in chapter 291D. [L 1978, c 111, pt of §2; gen ch 1985; am L 1993, c 214, §16; am L 2021, c 128, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-169 When complaint to be issued.

§291C-169 When complaint to be issued.
In the event any person fails to comply with a penal summons given to such person or attached to a vehicle, or if any person fails or refuses to deposit bail as required and within the time permitted, the court shall forthwith issue a warrant for the person's arrest. [L 1978, c 111, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-170 Revocation or suspension of license.

§291C-170 Revocation or suspension of license.
In addition to the penalties heretofore provided, the court may revoke or may suspend, for a period not to exceed one year, the license of any driver convicted of a violation of any section or provision of the state traffic laws involving a vehicle in motion. [L 1978, c 111, pt of §2; am L 1979, c 105, §31]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-171 Disposition of fines and forfeitures.

§291C-171 Disposition of fines and forfeitures.
(a) All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any section or provision of the state traffic laws and all assessments collected relating to the commission of traffic infractions shall be paid to the director of finance of the State.
(b) In addition to any monetary assessment imposed for a traffic infraction, the court may impose penalties on all outstanding traffic citations and judgments. The penalties shall be established pursuant to rules approved by the supreme court; provided that the amounts of the penalties shall be based upon a graduated scale that increases in proportion to the length of the delinquency. Any interest penalty imposed as provided in this section may be waived by the court for good cause. All penalties collected for such outstanding citations and judgments shall be paid to the director of finance of the State. [L 1978, c 111, pt of §2; am L 1993, c 214, §17; am L 1997, c 154, §1]
Cross References
Adjudication of traffic infractions, see chapter 291D.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-171.5 Collection of fines and costs.

§291C-171.5 Collection of fines and costs.
(a) Unless discharged by payment or service of imprisonment in default of a fine, a fine may be collected in the same manner as a judgment in a civil action.
(b) Costs may be collected in the same manner as a judgment in a civil action, but shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of costs.
(c) The state attorney general may institute proceedings to collect the fine, and costs, including interest and attorney's fees, as a civil judgment in the court of appropriate jurisdiction. [L 1996, c 137, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-172 Refusal to provide identification.

§291C-172 Refusal to provide identification.
(a) Except as provided in subsection (b), any person detained for a violation of this chapter shall provide the person's name and address, or any proof thereof, or both, upon the lawful order or direction of any police officer in the course and scope of the officer's duties pursuant to this chapter.
(b) A pedestrian who is detained for violating part VII of this chapter shall provide the person's name and address upon the lawful order or direction of a police officer in the course and scope of the officer's duties. If the officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person's name and address, the person shall provide such proof thereof, upon the lawful order or direction of the police officer. [L 1978, c 111, pt of §2; am L 1984, c 215, §1; am L 1995, c 169, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-173 Interpretation.

§291C-173 Interpretation.
Wherever consistent with the context of the state traffic laws, words in the present, past or future shall be construed to be interchangeable with and to include any other tense; the masculine gender shall be construed to include the feminine gender; and words in the singular number shall be construed to include the plural; and in the plural to include the singular, and each shall be construed to be interchangeable with the other. [L 1978, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-174 Severability.

§291C-174 Severability.
If any provision of the state traffic laws is held for any reason invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the state traffic laws. [L 1978, c 111, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-192 Effect of violations; vicarious responsibility; jurisdiction.

§291C-192 Effect of violations; vicarious responsibility; jurisdiction.
(a) It is a violation for any person to do any act forbidden or fail to perform any act required in this part, except as otherwise provided by law.
(b) Any negligence, misconduct, or violation of this part by a minor while driving a moped shall be imputed to the parent or guardian having custody of such minor, which person shall be jointly and severally liable with the minor for any damages caused by such negligence or misconduct and any penalty assessed by the courts for such violation.
(c) This part applies to every person driving a moped upon any roadway or highway or any other publicly owned place under the jurisdiction of the State or any county. [L 1978, c 175, pt of §15]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-193 Traffic laws apply to persons driving mopeds.

§291C-193 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 1978, c 175, pt of §15]
Cross References
Traffic laws apply to persons driving mopeds, see §291-13.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-194 Driver's license possession; required.

§291C-194 Driver's license possession; required.
(a) No person shall drive a moped unless the person is in immediate possession of a valid driver's license or instruction permit at all times.
(b) The driver of a moped shall, upon the demand of a police officer, exhibit the driver's driver's license or instruction permit.
(c) Any person who is convicted of violating this section shall be subject to penalties as provided under section 291C-161(b) and (g). [L 1978, c 175, pt of §15; am L 1979, c 107, §1; gen ch 1985; am L 1998, c 86, §1; am L 2002, c 37, §2; am L 2020, c 30, §7; am L 2022, c 85, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-195 Driving of mopeds.

§291C-195 Driving of mopeds.
(a) Notwithstanding section 286-81(b), no person:
(1) Less than fifteen years of age shall drive a moped on a highway, street, roadway, or any other public property in the State; and
(2) Less than eighteen years of age shall drive a moped unless the person wears a safety helmet securely fastened with a chin strap.
The safety helmet shall meet the specifications and requirements established by rules adopted by the director.
(b) No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.
(c) No person shall drive a moped which is carrying any other person nor shall any person other than the driver ride upon a moped.
(d) Subsections (b) and (c) shall not apply to three-wheeled mopeds designed to carry a driver and passenger seated side by side.
(e) Three-wheeled mopeds shall be insured for liability and property damage, excluding personal injury protection. [L 1978, c 175, pt of §15; am L 2006, c 63, §1; am L 2008, c 197, §1; am L 2021, c 214, §7]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-196 Driving mopeds on roadways.

§291C-196 Driving mopeds on roadways.
(a) Every person driving a moped, except a three-wheeled moped, upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, except under any of the following situations:
(1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices;
(2) When reasonably necessary to avoid conditions (including, but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge; and
(3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a moped may ride as near to the left-hand side of the roadway as practicable.
(b) Persons driving mopeds upon a roadway shall drive in single file.
(c) No person shall drive a moped on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a moped on any path or other area intended for the exclusive use of pedestrians.
(d) A three-wheeled moped shall be restricted to traveling on roadways with a posted speed limit of thirty-five miles per hour or less. [L 1978, c 175, pt of §15; am L 1982, c 38, §1; am L 2008, c 197, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-197 Driving mopeds on bicycle lanes and paths.

§291C-197 Driving mopeds on bicycle lanes and paths.
(a) Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes.
(b) The director of transportation by rule and the counties by ordinance may with respect to bicycle paths under their respective jurisdictions restrict or prohibit the use of such bicycle paths by mopeds. Signs clearly visible to an ordinarily observant person indicating the restriction or prohibition shall be placed along bicycle paths so designated and every moped driver shall obey the directions thereof.
(c) This section shall not apply to a three-wheeled moped. [L 1978, c 175, pt of §15; am L 2008, c 197, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-198 Speed restrictions on mopeds.

§291C-198 Speed restrictions on mopeds.
(a) No person shall drive a moped at a speed other than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
(b) No person shall drive a moped at a speed greater than thirty-five miles per hour (fifty-eight kilometers per hour). [L 1978, c 175, pt of §15]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-199 Clinging to vehicles, bicycles, etc.

§291C-199 Clinging to vehicles, bicycles, etc.
No person driving a moped shall attach oneself or the moped to any other vehicle, nor permit the rider of a bicycle, coaster, sled, or toy vehicle or any person on roller skates to be or become attached to the moped or the driver. [L 1978, c 175, pt of §15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-200 Use of lamps on mopeds.

§291C-200 Use of lamps on mopeds.
Every moped moving upon a highway from thirty minutes after sunset until thirty minutes before sunrise and at any other time when there is insufficient ambient light to render clearly discernible persons and vehicles on the highway at a distance of two hundred feet (60.9 meters) ahead shall display a lighted head lamp and tail lamp; provided that every moped upon a highway within a tunnel shall at all times display a lighted head lamp and tail lamp. [L 1978, c 175, pt of §15]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-201 Renting or selling mopeds.

§291C-201 Renting or selling mopeds.
(a) Every person engaged in the retail business of selling or renting mopeds shall provide the person renting or purchasing a moped with a copy of the rules for mopeds as approved by the director of transportation.
(b) Every person renting a moped to another shall keep a record for two years of the registration number of the moped so rented, the name and address of the person to whom the moped is rented, the number of the driver's license of the latter person, and the date and place when and where the driver's license was issued. This record shall be open to inspection by any police officer or the examiner of drivers or the examiner of drivers' representative. [L 1978, c 175, pt of §15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-202 Moped equipment requirements and inspection.

§291C-202 Moped equipment requirements and inspection.
(a) Every moped offered for sale for use upon, sold for use upon, or used upon the roadways and highways shall be equipped with:
(1) A motor having a maximum power output capability, measured at the motor output shaft, in accordance with SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; provided that those mopeds, including those modified pursuant to section 291C-206, registered prior to April 23, 1998, shall continue to be subject to the prior thirty-five miles per hour maximum speed limitation; and
(2) A direct or automatic power drive system that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.
(b) The director of transportation by rules and regulations, pursuant to chapter 91, shall establish criteria which shall comply with approved federal regulations for the following moped equipment: brake system; fuel system components; exhaust system components; steering system; handlebars; wheel rims; fenders; a guard or protective covering for drive belts, chains and rotating components; seat or saddle; lamps and reflectors; equipment controls; speedometer; retracting stand; horn; and identification markings.
(c) The director of transportation by rules and regulations, pursuant to chapter 91, shall establish criteria and procedures for the annual safety inspection of every moped. Safety inspection criteria shall include the criteria established by the director of transportation under subsection (b). [L 1978, c 175, pt of §15; am L 1979, c 107, §2; am L 1998, c 25, §1; am L 2022, c 109, §8]
Revision Note
"April 23, 1998" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-203 Certification of compliance.

§291C-203 Certification of compliance.
A person engaged in the business of selling mopeds shall provide to the director of finance of the county in which the mopeds are sold a certificate from the moped manufacturer that each class, type or model of moped offered for sale or sold meets the performance and equipment requirements of this part. [L 1978, c 175, pt of §15]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-204 Defacing serial numbers, etc., of mopeds.

§291C-204 Defacing serial numbers, etc., of mopeds.
No person shall wilfully deface, destroy, or alter the serial number, a component part number, or identification mark placed on any moped by the manufacturer thereof.
This section shall not prohibit the restoration by an owner of an original mark or number when the restoration is authorized in writing by the director of finance, nor prohibit any manufacturer from placing in the ordinary course of business numbers or marks upon new mopeds or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than $500. [L 1978, c 175, pt of §15; am L 1996, c 12, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-205 Unlawful to possess certain mopeds and moped parts.

§291C-205 Unlawful to possess certain mopeds and moped parts.
It shall be unlawful for any person to possess a moped, a moped motor, or any moped part knowing that the serial or identification number placed thereon by the manufacturer has been changed, altered, erased or mutilated.
This section shall not prohibit the possession of a moped, a moped motor, or any moped part whose original mark or number has been restored when the restoration is authorized in writing by the director of finance, nor prohibit any manufacturer from placing in the ordinary course of business numbers or marks upon new mopeds or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than $500. [L 1978, c 175, pt of §15; am L 1996, c 12, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-206 Modifying moped motor; violation.

§291C-206 Modifying moped motor; violation.
(a) A motor used to power a moped shall not be modified in any manner except as authorized by the motor manufacturer and any modification shall not increase the power capacity of the motor above two horsepower (one thousand four hundred ninety-two watts).
(b) No person shall rent or lease to another person any moped or motor scooter that has an aftermarket modification to the motor of the moped or motor scooter that does not comply with this subsection.
(c) Any person who violates this section shall be fined not more than $500. [L 1978, c 175, pt of §15; am L 1993, c 214, §18; am L 1998, c 25, §2; am L 2021, c 214, §9]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-207 Moped liability insurance; coverage for damage by rented or leased moped.

§291C-207 Moped liability insurance; coverage for damage by rented or leased moped.
Every person who offers a moped for rent or lease shall insure the moped against loss resulting from liability imposed by law for bodily injury, death or property damage suffered by any person other than the owner or operator of the moped arising out of the ownership, maintenance or use of the moped. The moped liability insurance shall have a coverage of not less than $25,000 per occurrence bodily injury and $5,000 per occurrence property damage. [L 1978, c 175, pt of §15; am L 1979, c 161, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-221 Definitions

§291C-221 Definitions
. As used in this part unless the context otherwise requires:
"High occupancy vehicle" means a vehicle carrying at least the minimum number of persons designated by the director of transportation as indicated on official signs and other official traffic-control devices, and other vehicles as provided by rules adopted in accordance with chapter 91 or by county ordinance.
"High occupancy vehicle lane" means a designated lane of a laned roadway where the use of the designated lane is restricted to school buses, vehicles carrying at least the minimum number of persons designated by the director of transportation on official signs and other official traffic-control devices, and to other vehicles as provided by rules adopted in accordance with chapter 91, or by county ordinance. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, § §2, 4; am L 1999, c 4, §2; am L 2007, c 42, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-221.5 High occupancy vehicle lanes; emergencies.

§291C-221.5 High occupancy vehicle lanes; emergencies.
(a) Notwithstanding any law to the contrary, when a roadway includes one or more lanes for traffic moving in the same direction that include a high occupancy vehicle lane or zipper lane, and at least one lane other than a high occupancy vehicle lane or zipper lane is closed by law enforcement officers or emergency services personnel because of a traffic incident or accident, any motor vehicle, regardless of the number of persons carried, that can safely enter the high occupancy vehicle lane or zipper lane shall, subject to subsection (b), be allowed to use the high occupancy vehicle lane or zipper lane.
(b) For the purposes of subsection (a), the director of transportation shall have the authority to declare an emergency to open the use of high occupancy vehicle lanes and zipper lanes to all motor vehicles regardless of the number of persons carried.
(c) For the purposes of this section:
"Accident" means an unplanned event involving a motor vehicle, resulting in damage to one or more motor vehicles, property damage, or personal injury.
"Incident" includes any accident or issue that disrupts the flow of traffic. [L 2009, c 82, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-222 Designation of high occupancy vehicle lane.

§291C-222 Designation of high occupancy vehicle lane.
(a) The director of transportation by rules adopted in accordance with chapter 91, and the counties by ordinance, may designate high occupancy vehicle lanes as to roadways under their respective jurisdictions.
(b) Signs and other official traffic-control devices that designate high occupancy vehicle lanes shall be placed and maintained to advise drivers of the high occupancy vehicle requirement and the hours of usage. When the high occupancy vehicle lane also serves as a contraflow lane, the hours of usage as a high occupancy vehicle lane shall be the time when the lane is coned for use as a high occupancy vehicle lane.
(c) No motor vehicle shall be operated upon these lanes except in conformance with the instructions on the signs and other official traffic-control devices.
(d) A motorcycle may use any high occupancy vehicle lane, regardless of the number of occupants.
(e) Any vehicle authorized by rules adopted in accordance with chapter 91 may use any high occupancy vehicle lane, regardless of the number of occupants, when the use is determined to enhance public safety and improves traffic conditions. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, § §3, 4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-222.5 School buses; zipper lanes.

§291C-222.5 School buses; zipper lanes.
Notwithstanding any other law to the contrary, the director of transportation shall allow school buses, regardless of number of occupants, to be used on contraflow lanes that have been designated as zipper or zip lanes by the department of transportation. [L 1999, c 4, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-223 Summons or citation for illegal use of high occupancy vehicle lane.

§291C-223 Summons or citation for illegal use of high occupancy vehicle lane.
Whenever any motor vehicle is observed operating in a high occu ­pancy vehicle lane without the prescribed number of passengers, the officer observ ­ing the vehicle shall:
(1) Cause a summons or citation as described in section 291C-165 to be issued at the scene of the violation to the operator of the vehicle; or
(2) Make every reasonable effort to be seen by the operator of the vehicle and record evidence of the violation by taking any information displayed on the vehicle that may identify its registered owner and cause a summons or citation as described in section 291C-165 to be sent by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident, to the registered owner of the vehicle at the address on record at the vehicle licensing division. If the end of the forty-eight hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day which is not a Saturday, Sunday, or holiday. Upon receipt, the registered owner shall be given fourteen days to respond to the summons or citation by:
(A) Paying a fine by mail; or
(B) Requesting that a hearing be set on the matter.
A mail receipt signed by the registered owner is prima facie evidence of notification. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, §4; am L 2000, c 240, §5; am L 2002, c 58, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-224 Registered owner's responsibility for a summons or citation.

§291C-224 Registered owner's responsibility for a summons or citation.
In any proceeding for a violation of this part, the information contained in the summons or citation issued in accordance with section 291C-223 shall be deemed evidence that the registered vehicle was violating the use of the high occupancy lane and the registered owner is responsible for its illegal operation. The registered owner shall be determined by the identification of the vehicle's registration plates. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-225 Failure to comply with summons or citation.

§291C-225
Failure to comply with summons or citation.
If a violator of this part
does not return an answer in response to a summons or citation within a period of fourteen days upon receipt of the summons or citation, the traffic and emergency period violations bureau shall issue to the registered owner of the vehicle a penal summons ordering the registered owner's appearance in court. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, §4; am L 2021, c 185, §17]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-226 Liability for rental or U-drive vehicle.

§291C-226 Liability for rental or U-drive vehicle.
Notwithstanding any other law to the contrary, if the registered owner of record is the lessor of a rental or U-drive motor vehicle, as defined in section 286-2 pursuant to a written lease agreement, the lessee at the time of the violation shall be responsible for the summons or citation. However, the lessor shall be responsible for the summons or citation if the lessor does not provide the court, having jurisdiction over the summons or citation, with the name and address of the lessee within forty-five days after a notice containing the date, time, and location of the violation and the license number of the vehicle is sent to lessor; provided further that the administrative judge of the court having jurisdiction over the summons or citation may waive the requirement of providing the name and address of the lessee and impose on the lessor an administrative fee of $50 per citation. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 309, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291C. Statewide Traffic Code › 291C-227 Penalty.

§291C-227
Penalty.
A person who violates any provision of this part shall for a first conviction thereof be fined $75; for conviction of a second offense committed within one year after the date of the first offense, the person shall be fined $150; for conviction of a third or subsequent offense committed within one year after the date of the first offense, the person shall be fined $200. [L 1993, c 224, pt of §1, §6; am L 1995, c 25, §1; am L 1997, c 60, §7 and c 309, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-1 Purpose.

§291D-1 Purpose.
(a) Act 222, Session Laws of Hawaii 1978, began the process of decriminalizing certain traffic offenses, not of a serious nature, to the status of violations. In response to a request by the legislature, the judiciary prepared a report in 1987 that recommended, among other things, further decriminalization of traffic offenses, elimination of most traffic arraignments, disposition of uncontested violations by mail, and informal hearings where the violation or the proposed penalty is questioned. The legislature finds that further decriminalization of certain traffic offenses and streamlining of the handling of those traffic cases will achieve a more expeditious system for the judicial processing of traffic infractions. The system of processing traffic infractions established by this chapter will:
(1) Eliminate the long and tedious arraignment proceeding for a majority of traffic matters;
(2) Facilitate and encourage the resolution of many traffic infractions through the payment of a monetary assessment;
(3) Speed the disposition of contested cases through a hearing, similar to small claims proceedings, in which the rules of evidence will not apply and the court will consider as evidence the notice of traffic infraction, applicable police reports, or other written statements by the police officer who issued the notice, any other relevant written material, and any evidence or statements by the person contesting the notice of traffic infraction;
(4) Dispense in most cases with the need for witnesses, including law enforcement officers, to be present and for the participation of the prosecuting attorney;
(5) Allow judicial, prosecutorial, and law enforcement resources to be used more efficiently and effectively; and
(6) Save the taxpayers money and reduce their frustration with the judicial system by simplifying the traffic court process.
The legislature further finds that this chapter will not require expansion of the current traffic division of the district courts, but will achieve greater efficiency through more effective use of existing resources of the district courts.
(b) The legislature finds that the pandemic related to the coronavirus disease 2019 necessitated the imposition of emergency period rules in an attempt to control the spread of the disease in the State. The thousands of violations of the emergency period rules caused an examination of the ability to impose infractions for lesser offenses as an alternative to using the Penal Code and to allow for more efficient use of the judicial system. The system of processing traffic infractions under this chapter was enacted in 1993 and has provided a useful mechanism for handling offenses deemed as infractions and is well-suited to certain types of violations of emergency period rules that are designated infractions by the governor or mayor under the state's emergency management laws. [L 1993, c 214, pt of §2; am L 2021, c 185, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-2 Definitions.

§291D-2 Definitions.
As used in this chapter:
"Concurrent trial" means a trial proceeding held in the district or family court in which the defendant is tried simultaneously in a civil case for any charged traffic infraction or emergency period infraction and in a criminal case for any related criminal offense, with trials to be held in one court on the same date and at the same time.
"Emergency period infraction" means all occurrences of noncompliance with rules adopted by the governor or a mayor pursuant to chapter 127A, which are stated and designated in the rule as being an emergency period infraction.
"Hearing" means a proceeding conducted by the district court pursuant to section 291D-8 at which the person to whom a notice of traffic infraction or notice of emergency period infraction was issued either admits to the infraction, contests the notice of traffic infraction or notice of emergency period infraction, or admits to the traffic infraction or emergency period infraction but offers an explanation to mitigate the monetary assessment imposed.
"Notice of traffic infraction" includes a notice of parking infraction.
"Related criminal offense" means any criminal violation or crime, committed in the same course of conduct as a traffic infraction or emergency period infraction, for which the defendant is arrested or charged.
"Traffic infraction" means all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment and that are not otherwise specifically excluded from coverage of this chapter.
"Trial" means a trial conducted by the district court pursuant to the rules of the district court and the Hawaii rules of evidence. [L 1993, c 214, pt of §2; am L 1997, c 60, §8; am L 2007, c 85, §2; am L 2021, c 185, §5]
Rules of Court
Additional definitions, see HCTR rule 3.
Case Notes
"Traffic offense" exception of HRPP rule 48 applied exclusively to "all violations of statutes, ordinances, or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses, for which the prescribed penalties do not include imprisonment" (i.e., "traffic infractions"). 78 H. 54, 890 P.2d 291 (1995).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-3.5 U-drive vehicles; traffic infractions.

§291D-3.5 U-drive vehicles; traffic infractions.
Notwithstanding any other law to the contrary, except those pertaining to the care and maintenance of the vehicle, if the registered owner of record is the lessor of a rental or U-drive motor vehicle, as defined in section 286-2, pursuant to a written lease agreement, the lessee at the time of the issuance of the traffic infraction shall be responsible for such summons or citation; provided that the lessor shall be responsible for such summons or citation if the lessor does not provide the court having jurisdiction over the summons or citation the name and address of the lessee within forty-five days after a notice containing the date, time, and location of the violation and the license number of the vehicle; provided further that if requested by the lessor in writing within forty-five days of such notice of violation other than for parking citations, the administrative judge of the court having jurisdiction over the citation or summons shall waive the requirement of providing the name and address of the lessee by the lessor and impose an administrative fee of $5 per citation on the lessor, plus costs and fees not to exceed $10 in total per violation, notwithstanding section 607-4 or other sections of the law, county ordinance, or any rule to the contrary. In the case of parking citations, the administrative judge of the court having jurisdiction over the citation or summons may waive the requirement of providing the name and address of the lessee by the lessor and impose an administrative fee of $5 per parking citation on the lessor, plus costs and fees not to exceed $10 in total per such violation, notwithstanding section 607-4 or other sections of the law, county ordinance, or any rule to the contrary. [L 2007, c 85, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-4 Venue and jurisdiction.

§291D-4 Venue and jurisdiction.
(a) All violations of state law, ordinances, or rules designated as traffic infractions or emergency period infractions in this chapter shall be adjudicated in the district and circuit where the alleged infraction occurred, except as otherwise provided by law.
(b) Except as otherwise provided by law, jurisdiction is in the district court of the circuit where the alleged traffic infraction or emergency period infraction occurred. Except as otherwise provided in this chapter, district court judges shall adjudicate traffic infractions and emergency period infractions. [L 1993, c 214, pt of §2; am L 2021, c 185, §7]
Rules of Court
Change of venue, see HCTR rule 11(d).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-9 Monetary assessments.

§291D-9
Monetary assessments.
(a) A person found to have committed a traffic infraction or emergency period infraction shall be assessed a monetary assessment not to exceed the maximum fine specified in the law or rule defining the traffic infraction or emergency period infraction. The court shall consider a person's financial circumstances, if disclosed, in determining the monetary assessment.
(b) Notwithstanding section 291C-161 or any other law to the contrary, the district court of each circuit shall prescribe a schedule of monetary assessments for all traffic infractions and emergency period infractions, and any additional assessments to be imposed pursuant to subsection (c). The particular assessment to be entered on the notice of traffic infraction or notice of emergency period infraction pursuant to section 291D-5 shall correspond to the schedule prescribed by the district court. Except after proceedings conducted pursuant to section 291D-8 or a trial conducted pursuant to section 291D-13, monetary assessments assessed pursuant to this chapter shall not vary from the schedule prescribed by the district court having jurisdiction over the traffic infraction or emergency period infraction.
(c) In addition to any monetary assessment imposed for a traffic infraction or an emergency period infraction, the court may impose additional assessments for:
(1) Failure to pay a monetary assessment by the scheduled date of payment; or
(2) The cost of service of a penal summons issued pursuant to this chapter.
(d) Upon request of a person claiming inability to pay a monetary assessment, the court may grant an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof.
(e) At any point before full payment of a monetary assessment, any person who suffers a change in financial circumstances may request a hearing to modify the monetary assessment or to request community service in lieu thereof. [L 1993, c 214, pt of §2; am L 2020, c 59, §6; am L 2021, c 81, §2 and c 185, §12]
Rules of Court
Judgments, see HCTR rule 16.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-11 Time computation.

§291D-11
Time computation.
In computing any period of time prescribed or allowed by this chapter, the day of the act, event, or default from which the period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. Intermediate Saturdays, Sundays, and legal holidays shall be included. Whenever an act required to be performed under this chapter may be accomplished by mail, the act shall be deemed to have been performed on the date of the postmark on the mailed article. [L 1993, c 214, pt of §2]
Rules of Court
Computation of time, see HCTR rule 21.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-12 Powers of the district court judge sitting in the traffic and emergency period division.

§291D-12 Powers of the district court judge sitting in the traffic and emergency period division.
(a) A district court judge sitting in the traffic and emergency period division and hearing cases pursuant to this chapter shall have all the powers of a district court judge under chapter 604, including the following powers:
(1) To conduct traffic infraction and emergency period infraction hearings and to impose monetary assessments;
(2) To permit deferral of monetary assessment or impose community service in lieu thereof;
(3) To dismiss a notice of traffic infraction or notice of emergency period infraction, with or without prejudice, or to set aside a judgment for the State;
(4) To order temporary driver's license suspension or driver's license reinstatement;
(5) To approve the issuance or renewal of a driver's license or instruction permit pursuant to section 286-109(c);
(6) To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 291D-13;
(7) To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 291D-5(d)(10); and
(8) To exercise other powers the court finds necessary and appropriate to carry out the purposes of this chapter.
(b) A district court judge sitting in the traffic and emergency period division and hearing cases pursuant to this chapter shall not order the director of finance to withhold issuing or renewing the driver's license, or registering, renewing the registration of, or issuing the title to a motor vehicle, of any person who has not paid a monetary assessment, has not performed community service in lieu thereof, or has not otherwise satisfied a judgment for the State entered pursuant to this chapter. [L 1993, c 214, pt of §2; am L 1997, c 60, §12; am L 2002, c 105, §3; am L 2007, c 85, §8; am L 2020, c 59, §7; am L 2021, c 185, §13]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 291D. Adjudication of Traffic Infractions › 291D-13 Trial and concurrent trial.

§291D-13 Trial and concurrent trial.
(a) There shall be no right to trial unless the defendant contests the notice of traffic infraction or notice of emergency period infraction pursuant to section 291D-8. If, after proceedings to contest the notice of traffic infraction or emergency period infraction, a determination is made that the defendant committed the traffic infraction or emergency period infraction, judgment shall enter in favor of the State. The defendant may request a trial pursuant to the Hawaii rules of evidence and the rules of the district court; provided that any request for trial shall be made within thirty days of entry of judgment. If, after appearing in person at a hearing to contest the notice of traffic infraction or notice of emergency period infraction, the person requests a trial at the conclusion of the hearing, the court shall provide the person with the trial date as soon as practicable.
(b) At the time of trial, the State shall be represented by a prosecuting attorney of the county in which the infraction occurred. The prosecuting attorney shall orally recite the charged civil traffic infraction or emergency period infraction in court before commencement of the trial. Proof of the defendant's commission of the traffic infraction or emergency period infraction shall be by a preponderance of the evidence.
(c) If trial on the traffic infraction or emergency period infraction is held before trial on any related criminal offense, the following shall be inadmissible in the subsequent prosecution or trial of the related criminal offense:
(1) Any written or oral statement made by the defendant in proceedings conducted pursuant to section 291D-7(b); and
(2) Any testimony given by the defendant in the traffic infraction or emergency period infraction trial.
The statement or testimony, or both, shall not be deemed a waiver of the defendant's privilege against self-incrimination in connection with any related criminal offense.
(d) In any concurrent trial, the State shall be represented by a prosecuting attorney of the county in which the infraction and related crime occurred. Proof of the defendant's commission of the infraction shall be by a preponderance of the evidence, and proof of the related criminal offense shall be by proof beyond a reasonable doubt. The concurrent trial shall be conducted pursuant to the rules of the appropriate court, the Hawaii rules of evidence, and the Hawaii rules of penal procedure. [L 1993, c 214, pt of §2; am L 1997, c 60, §13; am L 2007, c 85, §9; am L 2021, c 185, §14]
Rules of Court
Trial, see HCTR rule 19.