reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-103 Restrictions on driver's license; rules and regulations.

§286-103 Restrictions on driver's license; rules and regulations.
The examiner of drivers may adopt rules and regulations restricting the use of a driver's license in any manner the examiner of drivers may deem necessary for the safety and welfare of the traveling public and may impose restrictions with respect to the type of equipment or special mechanical control devices required on the motor vehicle operated by the licensee appropriate to the driving ability of the licensee. Any restrictions shall be indicated on the license issued. [L 1967, c 214, pt of §2; HRS §286-103; am L 1970, c 164, §3; gen ch 1985]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-106 Expiration of licenses.

§286-106 Expiration of licenses.
Every driver's license issued under this part, except for a provisional license issued under section 286-102.6 that shall expire on the date of the provisional licensee's nineteenth birthday, whether an original issuance or a renewal, shall expire on the first birthday of the licensee occurring no less than eight years after the date of the issuance of the license, unless sooner revoked or suspended; provided that:
(1) The license shall expire on the first birthday of the licensee occurring no less than four years after the date of the issuance if, at the time, the licensee is:
(A) Twenty-four years of age or younger; or
(B) Seventy-two years of age or older but younger than eighty years of age;
(2) The license shall expire on the first birthday of the licensee occurring no less than two years after the date of the issuance of the license if, at that time, the licensee is eighty years of age or older; and
(3) If the licensee is a legal immigrant, the license shall expire no later than the licensee's authorized period of stay in the United States.
The examiner of drivers may issue a license for a shorter period if the licensee has a physical condition or conditions that the examiner of drivers reasonably believes may impair the driver's ability to drive. [L 1967, c 214, pt of §2; HRS §286-106; am L 1970, c 164, §1(2) and §3; am L 1974, c 97, §1; gen ch 1985; am L 1989, c 296, §1; am L 1997, c 60, §1 and c 330, §3; am L 2005, c 72, § §4, 15; am L 2008, c 50, § §2, 4; am L 2010, c 38, § §2, 6 and c 85, §2; am L 2022, c 159, §1]
Law Journals and Reviews
Driving into the Sunset: A Proposal for Mandatory Reporting to the DMV by Physicians Treating Unsafe Elderly Drivers. 25 UH L. Rev. 59 (2002).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents.

§286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents.
Notwithstanding section 286-106, the expired driver's license of a member of any component of the United States armed forces who is on active federal service, or the member's dependent if the dependent accompanied the member, and whose driver's license expired while the member was deployed outside the United States, shall remain valid for ninety days after the service member's return to the United States. [L 2008, c 50, §1; am L 2012, c 22, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-107.5 Reactivation of expired license; fees; road test waived. (a) Unless revoked or suspended, and except as provided in subsection (b), all drivers' licenses expired under section 286-106 may be reactivated by the licensee in accordance with the requirements and procedures set forth for the renewal of licenses under section 286-107(b). No person seeking reactivation of an expired license under this subsection shall be required to undergo reexamination of the person's driving skills under section 286-108. The examiner of drivers shall require the holder of an expired license to pay a reactivation fee of $5 for each thirty-day period, or fraction thereof, that has elapsed after the ninety-day grace period. (b) Any driver's license not reactivated under subsection (a) within one year of the indicated date of expiration shall be invalid. The examiner of drivers shall examine all applicants whose licenses have been declared invalid under this subsection in accordance with the licensing procedures established under sections 286-108 and 286-110. [L 1997, c 330, §1]

§286-107.5
Reactivation of expired license; fees; road test waived.
(a) Unless revoked or suspended, and except as provided in subsection (b), all drivers' licenses expired under section 286-106 may be reactivated by the licensee in accordance with the requirements and procedures set forth for the renewal of licenses under section 286-107(b). No person seeking reactivation of an expired license under this subsection shall be required to undergo reexamination of the person's driving skills under section 286-108. The examiner of drivers shall require the holder of an expired license to pay a reactivation fee of $5 for each thirty-day period, or fraction thereof, that has elapsed after the ninety-day grace period.
(b) Any driver's license not reactivated under subsection (a) within one year of the indicated date of expiration shall be invalid. The examiner of drivers shall examine all applicants whose licenses have been declared invalid under this subsection in accordance with the licensing procedures established under sections 286-108 and 286-110. [L 1997, c 330, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-108.4 Driver education and behind-the-wheel driver training program.

§286-108.4 Driver education and behind-the-wheel driver training program.
The director of transportation is directed to establish and certify a statewide driver education program and behind-the-wheel driver training program, to include the number of course hours, curriculum, and certification of teachers and third-party examiners. The director of transportation is also directed to set a cost for the programs to enable the programs to be self-sufficient. The director of transportation shall adopt rules pursuant to chapter 91 necessary for the purposes of this [section]. [L 1999, c 175, §4]
Revision Note
Section codified pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-109.4 Designation of advance health-care directive.

§286-109.4 Designation of advance health-care directive.
On the application form for any driver's license or license renewal, the examiner of drivers shall ask the applicant to designate whether the applicant has an advance health-care directive. The examiner of drivers shall issue or renew a license bearing the designation "advance health-care directive", a symbol, or an abbreviation thereof, for those applicants who have so indicated. "Advance health-care directive" means an individual instruction in writing, a living will, or a durable power of attorney for health care decisions. No specific medical treatment information shall be imprinted on the driver's license. [L 2000, c 295, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-109.5 Designation of anatomical gift.

§286-109.5 Designation of anatomical gift.
The examiner of drivers shall design and implement a system to request anatomical gift information from all applicants for a driver's license or license renewal, at the time of application, including a method of directly imprinting on a license an applicant's designation of whether the applicant wishes to be an organ donor. The request shall elicit whether the applicant wishes to be an organ donor in the event of the applicant's death. [L 1975, c 80, §1; am L Sp 1977 1st, c 20, §12; gen ch 1985; am L 1990, c 18, §2]
Note
Developing an organ donor registry. L 2008, c 165.
Cross References
Revised Uniform Anatomical Gift Act, see chapter 327.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-109.6 Limited access to driver's license anatomical gift data.

§286-109.6 Limited access to driver's license anatomical gift data.
The examiner of drivers shall adopt rules pursuant to chapter 91 to allow an organ procurement organization twenty-four-hour telephone access to the driver's license database information, solely for the purpose of determining whether a driver has indicated a willingness to be an organ donor pursuant to section 286-109.5.
As used in this section, "organ procurement organization" shall have the same meaning as procurement organization in section 327-2. [L 1999, c 88, pt of §2; am L 2008, c 122, §2]
Note
Developing an organ donor registry. L 2008, c 165.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-109.7 Organ and tissue education fee.

§286-109.7 Organ and tissue education fee.
Notwithstanding any other law to the contrary, beginning July 1, 2000, a donation of $1, in addition to any other fees under this chapter, may be collected upon designation by an individual or entity from each certificate of registration by the director of finance of each county to be deposited on a quarterly basis into the organ and tissue education special fund pursuant to section 327-24. The counties may retain a portion of the $1 donation as an administrative fee to cover the cost of collecting, accounting for, and depositing the balance into the organ and tissue education special fund. The retention shall not exceed $0.20 for each $1 collected. [L 1999, c 88, pt of §2; am L 2003, c 88, §2; am L 2008, c 122, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-112 Application of minors; liability of parents or guardian.

§286-112 Application of minors; liability of parents or guardian.
(a) The application of any person under the age of eighteen years for an instruction permit, provisional license, or driver's license shall be signed and verified before a person authorized to administer oaths by the appropriate one of the following:
(1) If both the father and mother of the applicant have custody of the applicant, by both the father and mother of the applicant;
(2) If only one parent has custody of the applicant, by the custodial parent;
(3) If neither parent has custody of the applicant, and the applicant has a custodial guardian or has custodial guardians, by the custodial guardian or by all the custodial guardians; provided that the director of human services, or the director's designee, shall sign and verify the application of any applicant who is under foster care; provided further that the department of human services shall not have any liability in the event that the foster child is involved in a motor vehicle accident or a lawsuit arising as a result of the foster child's driving; or
(4) If neither parent has custody of the applicant, and the applicant has no custodial guardian, by an employer of the applicant or by any responsible person who is willing to assume the obligation imposed under this part upon a person signing the application of a minor.
(b) Any negligence or misconduct of a minor under the age of eighteen years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of the minor for a permit, provisional license, or license, which person shall be jointly and severally liable with the minor for any damages caused by the minor's negligence or misconduct.
(c) A nonresident minor shall be accorded all the privileges and be subjected to all the regulatory restrictions as are by this part provided for resident minors. [L 1937, c 234, §8; am L 1939, c 106, §1; RL 1945, §7309; RL 1955, §160-39; HRS §286-112; am L 1970, c 164, §3; am L 1972, c 2, pt of §6; am L 1983, c 45, §1; am L 2005, c 72, § §8, 15; am L 2006, c 289, §2; am L 2010, c 85, §2]
Attorney General Opinions
Term "custody" means legal custody. Att. Gen. Op. 88-6.
Case Notes
Nothing in statute prohibits suits by parents against their children. 51 H. 74, 450 P.2d 998 (1969).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-113 Release from liability.

§286-113 Release from liability.
Any person who has signed the application of a minor for an instruction permit, provisional license, or driver's license may file with the examiner of drivers a verified written request that the permit, provisional license, or license of the minor be canceled, together with the permit, provisional license, or license issued. Upon receipt of the request, the examiner of drivers shall cancel the permit, provisional license, or license of the minor and the person who signed the application of the minor shall be relieved from the liability imposed under this part for any subsequent negligence or wilful misconduct of the minor in operating a motor vehicle. Nothing herein shall be construed to limit the liability of parents for the torts of their child as provided in chapter 577. [L 1967, c 214, pt of §2; HRS §286-113; am L 1970, c 164, §3; am L 2005, c 72, § §9, 15; am L 2010, c 85, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-114 Revocation of license, provisional license, or instruction permit upon death of person signing minor's application.

§286-114 Revocation of license, provisional license, or instruction permit upon death of person signing minor's application.
The examiner of drivers upon receipt of satisfactory evidence of the death of a person who signed the application of a minor for an instruction permit, provisional license, or a license shall cancel the permit, provisional license, or license and shall not issue a new permit, provisional license, or license until a new application duly signed and verified is made as required by this part. Upon canceling the permit, provisional license, or license, the examiner of drivers shall notify the minor to surrender the permit, provisional license, or license. If the death occurs after the minor has reached majority, this section shall not apply. [L 1967, c 214, pt of §2; HRS §286-114; am L 1970, c 164, §3; am L 2005, c 72, § §10, 15; am L 2010, c 85, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-116.5 Notice of change of address or name; penalty.

§286-116.5 Notice of change of address or name; penalty.
(a) If the residence address of an applicant for, or a holder of, a driver's license is changed from that stated in the application or in the license issued to the applicant or holder, the person shall, within thirty days after such change in address, notify the examiner of drivers in writing of the person's old and new residence addresses and the number of any license then held by the person.
(b) If the name of an applicant for, or a holder of, a driver's license is changed from that shown on the applicant's or holder's application or license, the person shall, within thirty days after the change of name, notify the examiner of drivers in writing of the person's former name and the new name and of the number of any permit or license then held by the person. The examiner of drivers may require the person to file satisfactory proof of the change of name.
(c) Any person who violates this section shall be fined not more than $25. [L 1975, c 43, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-117 Duplicate permits, provisional licenses, and licenses.

§286-117 Duplicate permits, provisional licenses, and licenses.
[(a)] The holder of an instruction permit, provisional license, or driver's license may upon payment of the reasonable cost of its issuance obtain a duplicate; provided that the holder shall surrender the original permit, provisional license, or license or furnish satisfactory proof of loss or destruction of the same.
[(b)] The chief of police or a police officer shall notify a holder that the holder's permit, provisional license, or license is illegible and that the holder shall within ten days surrender the holder's permit, provisional license, or license and apply for a duplicate. Upon failure to comply with a notice to surrender an illegible permit, provisional license, or license and apply for a duplicate, the person to whom the permit or license is issued shall be subject to the penalties in section 286-136. [L 1967, c 214, pt of §2; HRS §286-117; am L 1970, c 164, §3; gen ch 1985; am L 1991, c 60, §3; am L 2005, c 72, § §11, 15; am L 2010, c 85, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-118 Records to be kept by the examiner of drivers.

§286-118 Records to be kept by the examiner of drivers.
The examiner of drivers shall file every application for a license received by the examiner and shall maintain suitable indexes containing, in alphabetical order:
(1) All applications denied with a note on each as to the reason for the denial;
(2) All applications granted;
(3) The name of every licensee whose license has been suspended or revoked by a court of competent jurisdiction with a note after each such name as to the reasons for such action.
The examiner of drivers shall also file all accident reports and abstracts of court records of convictions received by the examiner under the traffic laws and regulations of the State or any political subdivision thereof, and in connection therewith the examiner shall maintain convenient records or make suitable notations in order that an individual record of each licensee, the traffic accidents in which the licensee has been involved, and other pertinent data may be readily ascertainable and available for the consideration of the examiner of drivers upon any application for a renewal of license and at other suitable times.
The examiner of drivers may dispose of any records accumulated under this section whenever the examiner deems it advisable. [L 1937, c 234, §18; RL 1945, §7319; RL 1955, §160-50; am L 1967, c 214, §11; HRS §286-118; am L 1970, c 164, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-118.5 License revoked for operating a vehicle under the influence of an intoxicant; eligibility for license renewal.

§286-118.5 License revoked for operating a vehicle under the influence of an intoxicant; eligibility for license renewal.
(a) Notwithstanding any other law to the contrary, any person arrested for a violation of section 291E-61 or 291E-61.5 after December 31, 2010, whose license is revoked pursuant to this part or section 291E-61, and who otherwise qualifies for a permit under section 291E-44.5 or 291E-61, may apply for a renewal or reactivation of a driver's license as provided in section 286-107 or 286-107.5.
(b) A person may apply for relicensing under subsection (a); provided that:
(1) The license renewal or reactivation shall be for the sole purpose of obtaining or extending a permit issued pursuant to section 291E-44.5 or 291E-61;
(2) No physical driver's license shall be issued to the person; and
(3) The driver's license shall expire as provided in section 286-106 or upon the end of the revocation period, whichever occurs first.
(c) A holder of a valid ignition interlock permit may take any tests necessary to apply for relicensing no sooner than thirty days prior to expiration of the revocation period; provided that the driver's license shall not be issued until the completion of the revocation period. [L 2012, c 327, §2; am L 2015, c 40, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-119 Authority of examiner of drivers to suspend or revoke licenses.

§286-119 Authority of examiner of drivers to suspend or revoke licenses.
(a) The examiner of drivers may suspend any driver's license without hearing when the examiner:
(1) Has reasonable cause to believe that the licensee is incompetent to operate the type of motor vehicle for which the licensee holds a license or is afflicted with mental or physical infirmities or disabilities which would make it unsafe for the licensee to operate a motor vehicle of the type for which the licensee is licensed; or
(2) Is notified by the appropriate county director of finance that the licensee has outstanding charges and fines relating to the disposition of an abandoned vehicle, as provided pursuant to section 290-13.
(b) When the examiner of drivers suspends a license under this section, the examiner shall immediately notify the licensee and afford the licensee a hearing. After the hearing, the examiner of drivers may rescind the suspension, or the examiner may suspend the license for a further period or revoke the license. Any person whose license has been suspended or revoked under this section may appeal under section 286-129. [L 1967, c 214, pt of §2; HRS §286-119; am L 1970, c 164, §3; gen ch 1985; am L 2022, c 229, §8]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-120 Authority of examiner of drivers to cancel licenses.

§286-120 Authority of examiner of drivers to cancel licenses.
The examiner of drivers may cancel any driver's license if the examiner determines that the licensee was not entitled to it, failed to give the required or correct information in the licensee's application, or committed fraud in making the licensee's application or in obtaining the license.
Upon cancellation, the licensee shall surrender the licensee's license to the examiner of drivers. [L 1967, c 214, pt of §2; HRS §286-120; am L 1970, c 164, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-121 Suspending or revoking privileges of nonresident and reporting convictions, suspensions, and revocations.

§286-121 Suspending or revoking privileges of nonresident and reporting convictions, suspensions, and revocations.
(a) The privilege of driving a motor vehicle on the highways of this State given to a nonresident hereunder shall be subject to suspension or revocation in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.
(b) The examiner of drivers is further authorized, upon receiving a record of the conviction in this State of a nonresident for any motor vehicle offense, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
(c) When a nonresident's operating privilege is suspended or revoked, the examiner of drivers shall forward a certified copy of the record of such action to the motor vehicle administrator in the state wherein such person resides. [L 1937, c 234, §20; RL 1945, §7321; RL 1955, §160-53; am L 1967, c 214, §12; HRS §286-121; am L 1970, c 164, §3; am L 1971, c 127, pt of §3]
Cross References
Nonresident violator compact, see chapter 291A.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-122 Suspension of a license; surrender.

§286-122 Suspension of a license; surrender.
(a) Every person whose license or driving privilege has been suspended pursuant to this part or any traffic law or regulation of the State or any county, shall surrender the person's license to the examiner of drivers or the court, as is appropriate, which agency shall take custody of the license during the period of suspension.
(b) The examiner of drivers may suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of that person in another state, or within this State or another state by the federal government, of an offense therein which, if committed within the jurisdiction of this State, would be grounds for the suspension or revocation of the driver's license or privilege.
The examiner of drivers may give the same effect to conduct of a resident in another state as is provided by the laws of this State had such conduct occurred in this State.
Any person whose license or driving privilege has been so suspended or revoked shall immediately return the person's license or permit to the examiner of drivers.
(c) Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this State has been suspended or revoked as provided in this chapter shall not operate a motor vehicle in this State under a license or permit issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter. [L 1967, c 214, pt of §2; HRS §286-122; am L 1970, c 164, §3; am L 1971, c 127, pt of §3; am L 1983, c 47, §1; gen ch 1985]
Case Notes
Does not authorize federal courts to assimilate state civil law for purposes of Assimilative Crimes Act. 616 F. Supp. 160 (1985).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-123 Record of conviction forwarded to examiner of drivers.

§286-123 Record of conviction forwarded to examiner of drivers.
The record of any conviction resulting in the revocation or suspension of any person's license for a violation of this part or any traffic law or regulation of the State or county shall be forwarded by the court to the examiner of drivers of the county in which the court is located. [L 1967, c 214, pt of §2; HRS §286-123; am L 1970, c 164, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-124 Mandatory revocation of license by a court.

§286-124 Mandatory revocation of license by a court.
Any court of competent jurisdiction shall forthwith revoke the license of any driver upon a conviction of the driver of manslaughter or for negligent homicide in the first or second degrees resulting from the operation of a motor vehicle. The period of revocation shall be determined by the court at sentencing. [L 1937, c 234, §22; RL 1945, §7323; RL 1955, §160-55; am L 1965, c 122, §1; HRS §286-124; am L 1970, c 164, §3; am L 1971, c 171, §1; am L 2012, c 292, §1]
Case Notes
Statute mandates revocation of the license of an operator finally convicted of manslaughter resulting from operation of a motor vehicle; statute does not limit power of revocation to any specific type of motor vehicle license. 35 H. 565 (1940).
Referred to: 39 H. 152, 155 (1951).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-125 Discretionary revocation or suspension of license by a court.

§286-125 Discretionary revocation or suspension of license by a court.
In addition to the provisions for mandatory revocation of a license set forth in section 286-124, any court of competent jurisdiction may, in its discretion, revoke or suspend the license of any driver convicted of any felony in the commission of which a motor vehicle is used, or convicted of a violation of this part or of any traffic law or regulation of the State or any political subdivision thereof involving a vehicle in motion. [L 1937, c 234, §23; RL 1945, §7324; RL 1955, §160-56; HRS §286-125; am L 1970, c 164, §3; am L 1971, c 171, §2]
Case Notes
As §291C-161(c) requires every person convicted under §291C-105 to be sentenced in accordance with §291C-105, trial court erred in sentencing defendant to a six-month driver's license suspension under this section; the plain language of §291C-105 required the sentencing court to impose the list of sanctions as specified under §291C-105(c), including a thirty-day license suspension for a first-time offender. 121 H. 117 (App.), 214 P.3d 1107 (2009).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-126 Period of suspension or revocation.

§286-126 Period of suspension or revocation.
Unless otherwise provided by law, a court of competent jurisdiction shall not suspend a license for a longer period than five years; and when a court has revoked a license, the person whose license was revoked may not apply for, and the examiner of drivers may not grant, a new driver's license until the expiration of the period of revocation determined by the court. [L 1937, c 234, §24; RL 1945, §7325; RL 1955, §160-57; HRS §286-126; am L 1970, c 164, §3; am L 1982, c 251, §2; am L 1990, c 188, §4; am L Sp 1991, c 1, §18; am L 2012, c 292, §2]
Cross References
Administrative revocation, see chapter 291E.
Attorney General Opinions
Pardon does not restore the right to a license before the expiration of one year. Att. Gen. Op. 61-79.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-129 Appeal to circuit court.

§286-129 Appeal to circuit court.
Any applicant who has been refused a license after at least three examinations, or who has been refused any examination, and every licensee whose license has been suspended, revoked, or canceled by the examiner of drivers, may appeal from such refusal, suspension, revocation, or cancellation to the circuit court of the circuit in which the applicant or licensee resides by filing a notice of appeal in such court within thirty days after being notified of the refusal, suspension, revocation, or cancellation. The appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to such procedure and rules as may be prescribed by the court and the decision of the court shall be final except as otherwise provided in chapter 91. [L 1937, c 234, §26; RL 1945, §7327; RL 1955, §160-59; am L 1965, c 96, §100; HRS §286-129; am L 1970, c 164, §3]
Rules of Court
Appeal, see HRCP rule 72.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-130 No operation under foreign license during revocation or suspension in this State.

§286-130 No operation under foreign license during revocation or suspension in this State.
Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this State has been suspended or revoked shall not operate a motor vehicle in this State under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license issued by the examiner of drivers is obtained when and as permitted by law. [L 1937, c 234, §27; RL 1945, §7328; RL 1955, §160-60; HRS §286-130; am L 1970, c 164, §3; am L 1982, c 251, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-131 Unlawful use of license.

§286-131 Unlawful use of license.
No person shall:
(1) Display or permit to be displayed or have in the person's possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver's license;
(2) Lend the person's driver's license to any other person or knowingly permit the use thereof by another;
(3) Display or represent as one's own any driver's license not issued to the person;
(4) Fail or refuse to surrender to the examiner of drivers, upon the examiner's lawful demand, any driver's license that has been suspended, revoked, or canceled;
(5) Use a false or fictitious name in any application for a driver's license or knowingly make a false statement or knowingly conceal a material fact, or otherwise commit a fraud in any such application; or
(6) Use or have in the person's possession any reproduction, imitation, or facsimile of any driver's license or any identification with the appearance of a driver's license. [L 1937, c 234, §28; RL 1945, §7329; RL 1955, §160-61; HRS §286-131; am L 1970, c 164, §3; gen ch 1985; am L 1994, c 46, §1; am L 1996, c 169, §1; am L 2001, c 230, §2; am L 2002, c 224, §3; am L 2004, c 2, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-132 Driving while license suspended or revoked.

§286-132 Driving while license suspended or revoked.
Except as provided in section 291E-62, no resident or nonresident whose driver's license, right, or privilege to operate a motor vehicle in this State has been canceled, suspended, or revoked may drive any motor vehicle upon the highways of this State while the license, right, or privilege remains canceled, suspended, or revoked. [L 1937, c 234, §29; RL 1945, §7330; RL 1955, §160-62; HRS §286-132; am L 1970, c 164, §3; am L 1982, c 251, §4; am L 1985, c 258, §3; am L 1996, c 169, §2; am L 2001, c 157, §7]
Case Notes
Driving without license under §286-102 not lesser included offense of driving while license suspended under this section. 81 H. 76 (App.), 912 P.2d 573 (1996).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-133 Unlawful to permit unauthorized person to drive.

§286-133 Unlawful to permit unauthorized person to drive.
Except as provided in section 291E-67, no person shall authorize or knowingly permit a motor vehicle or moped owned by that person or under that person's control to be driven upon any highway by any person who is not authorized under law to drive the motor vehicle or moped. [L 1937, c 234, §30; RL 1945, §7331; RL 1955, §160-63; HRS §286-133; am L 1983, c 197, §1; am L 2010, c 166, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-134 Employing unlicensed driver.

§286-134 Employing unlicensed driver.
No person shall employ as a driver of a certain category of motor vehicle any person who is not licensed under this part to operate that category of motor vehicle. [L 1967, c 214, pt of §2; HRS §286-134; am L 1970, c 164, §3]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-135 Renting motor vehicle to another.

§286-135 Renting motor vehicle to another.
Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of the latter person, and the date and place when and where the license was issued. The record shall be open to inspection by any police officer or the examiner of drivers or the examiner's representative. [L 1937, c 234, §32; RL 1945, §7333; RL 1955, §160-65; HRS §286-135; am L 1970, c 164, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-136 Penalty.

§286-136 Penalty.
(a) Except as provided in subsection (b), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined no more than $1,000 or imprisoned no more than thirty days, or both. Any person who violates any other section in this part shall be fined no more than $1,000.
(b) Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period.
(c) Notwithstanding subsections (a) and (b), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500.
(d) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service. [L 1967, c 214, pt of §2; HRS §286-136; am L 1993, c 214, §7; am L 1996, c 169, §3; am L 2003, c 69, §5; am L 2021, c 81, §1]
Case Notes
Under subsection (b) (1996), it is the date the defendant committed the current offense for which he or she is being prosecuted that is used to determine whether the defendant has two or more prior convictions for the same offense in the preceding five-year period. 118 H. 259 (App.), 188 P.3d 773 (2008).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-137 District courts to keep records.

§286-137 District courts to keep records.
The district court of each circuit shall keep, maintain, and control or shall otherwise provide for the keeping, maintaining, and controlling of proper and accurate records of each conviction or bail forfeiture or any other disposition of each violation of licensee coming within this part. The district court of each circuit shall also establish procedures for the accounting, control, and disposition of each traffic citation, notice, or summons used or issued, whether the use or issuance of the same is authorized by the court or by any other governmental agency under applicable laws or ordinances, which may include the keeping of an accurate citation, notice, or summons control ledger or form in a numerical, chronological, or other accountable manner. [L 1961, c 113, pt of §1; Supp, §160-71; HRS §286-137; am L 1970, c 188, §39; am L 1997, c 153, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-138 Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court.

§286-138 Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court.
(a) It shall be unlawful for any person, including any government official or employee of the State or county, to "fix", "void", change, modify, adjust, tamper with, or otherwise dispose of any traffic citation, notice, or summons. Nothing in this subsection shall be construed to affect the powers of the judges of the several courts in the exercise of their judicial functions. Any person who intentionally or knowingly violates this subsection shall be guilty of a class C felony; except that the person shall be fined not less than $1,000 and not more than $10,000. Any government official or employee of this State or any county who violates this subsection shall be summarily discharged from the official's or employee's office or employment.
(b) No nolle prosequi shall be entered in any case involving a violation of the traffic laws or ordinances of the State or of the several counties and no case or any charge arising therefrom shall be stricken, amended, or reduced, except by consent of the court upon motion of the prosecuting attorney stating the reasons therefor. The court may deny the motion if it deems the reasons insufficient. [L 1961, c 113, pt of §1; Supp, §160-72; HRS §286-138; am L 1970, c 188, §39; gen ch 1985; am L 1993, c 214, §8; am L 1997, c 153, §3]
Case Notes
Discharge of public employee from employment was valid. 71 H. 419, 794 P.2d 1115 (1990).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-171 Statewide traffic records system.

§286-171 Statewide traffic records system.
(a) There is established a statewide traffic records system. The state director of transportation shall be responsible for the administration and operation of the system and for this purpose shall adopt necessary rules and regulations pursuant to chapter 91.
(b) The statewide traffic records system shall include all traffic records of the violation bureaus of the district courts, the circuit courts, the police departments, the county [directors of finance], the department of health, and the department of education and all dispositions pertaining to administrative license revocation proceedings conducted by the administrative director of the courts. [L 1967, c 214, pt of §2; HRS §286-171; am L 1968, c 48, §2(e); am L Sp 1977 1st, c 20, §12; am L Sp 1991, c 1, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-201 Definitions.

§286-201 Definitions.
As used in this part unless the context otherwise requires:
"Director" means the director of transportation.
"Gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle. When there is no value specified by the manufacturer as the loaded weight of a single vehicle, the value shall be determined in accordance with rules adopted by the director.
"Motor carrier" as used in this part means any person who owns a motor vehicle used in, or engages in the transportation of persons or property by motor vehicle on the public highways in the furtherance of any commercial, industrial, or educational enterprise.
"Motor carrier vehicle" means any motor vehicle or vehicle, including integrally mounted equipment and specially constructed motorized equipment, used by a motor carrier to transport passengers or property on the public highways. [L Sp 1977 1st, c 20, pt of §1; am L 1979, c 119, §2; am L 1980, c 27, §2 and c 232, §13]
Revision Note
Numeric designations deleted and definitions rearranged pursuant to §23G-15.
Cross References
Motor carrier law, see chapter 271.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-202 General duties and powers of the director.

§286-202 General duties and powers of the director.
The general duties and powers of the director shall be:
(1) To establish rules promoting the safety of operations, motor vehicle and equipment of motor carriers; provided that the maximum hours of service to be performed by an operator of a motor carrier vehicle shall be determined by the director based on conditions existing in the State or in particular sections of the State and shall be compatible with those prescribed by the Federal Motor Carrier Safety regulations of the United States Department of Transportation.
(2) To coordinate the various motor carrier safety programs in the State including the formulation of statewide standards as necessary.
(3) To develop and implement, on a priority basis, a recordkeeping and information system for the motor carrier safety program.
(4) To develop standards relating to the qualification of motor carrier vehicle drivers.
(5) To establish standards for continuous driver training and periodic evaluation of the driver performance of motor carrier vehicle drivers.
(6) To establish standards for motor carrier vehicle safety inspection, motor carrier vehicle inspection stations, and motor carrier vehicle inspection personnel.
(7) To revise and update the standards relating to motor carrier vehicle maintenance and establish a system for the enforcement of such standards.
(8) To develop the standards for size and weight of vehicles, including motor carrier vehicles, pursuant to chapter 291.
(9) To establish standards for the issuance of special permits to carry oversized and overweight loads on the highway.
(10) To establish standards for the transportation of hazardous materials on the highways.
(11) To develop comprehensive rules governing the modification of motor carrier vehicles which will at any time be operated upon the highway.
(12) To review and approve all plans and specifications for construction in the State or modification of motor carrier vehicles which will at any time be operated upon the highway.
(13) To adopt rules pursuant to chapter 91 necessary for the purposes of this part.
(14) To investigate all motor carrier vehicle accidents under this part resulting in death of a human being or other accidents as the director determines necessary to advance the motor carrier safety program. [L Sp 1977 1st, c 20, pt of §1; am L 1989, c 320, §6; am L 1990, c 342, §16]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-202.5 Driver improvement program.

§286-202.5 Driver improvement program.
(a) Every employer who employs a commercial motor vehicle driver who drives a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds shall provide for every such driver a driver improvement program. This program shall provide a system for continuous driver evaluation and annual driver safety courses approved by the director. For drivers with five years of continuous employment with one employer, this requirement shall be at least once every two years. Every job placement center through which a driver who drives a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds is employed on a casual or sporadic basis, and not as a regularly employed driver for any one employer, shall be responsible for providing the driver improvement program for all its drivers, who drive a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds. For purposes of this subsection only, "job placement center" means any place where persons may register for purposes of employment, and the dispatching of those persons to various jobs as they become available. Any employer or job placement center that violates this subsection shall be fined not more than $500.
(b) Every regularly or casually employed driver of a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds shall attend the driver improvement program provided by the driver's employer or job placement center. The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this subsection, including but not limited to rules governing attendance. Any driver who does not fulfill the appropriate driver improvement attendance requirement shall be fined not more than $100.
(c) The counties may furnish real property, facilities on that property, and other equipment in furtherance of this section. A county may allow the use of that property or other county property to a third party examiner who has entered into an agreement with the county on terms that it deems proper and reasonable. [L 1989, c 320, §1; am L 1990, c 342, §2; am L 1999, c 46, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-202.6 Marking of motor carrier vehicles.

§286-202.6 Marking of motor carrier vehicles.
(a) In addition to the requirements in title 49 Code of Federal Regulations section 390.21, every motor carrier vehicle shall be marked as specified in subsections (b), (c), and (d).
(b) The marking shall display the following information:
(1) The name or trade name of the motor carrier or company operating the motor carrier vehicle;
(2) If the name of any person other than the operating motor carrier or company appears on the motor carrier vehicle, the information required by paragraph (1) shall be displayed and preceded by the words "operated by";
(3) The gross vehicle weight, gross vehicle weight rating, or gross combination weight rating; and
(4) Other identifying information may be displayed on the motor carrier vehicle if it is not inconsistent with the information required by this subsection.
(c) The marking shall:
(1) Appear on both sides of the motor carrier vehicle;
(2) Be in letters that contrast sharply in color with the background on which the letters are placed;
(3) Be readily legible during daylight hours, from a distance of fifty feet (15.24 meters) while the motor carrier vehicle is stationary; and
(4) Be kept and maintained in a manner that retains the legibility required by paragraph (3).
(d) The marking may be painted or permanently affixed on the motor carrier vehicle.
(e) A motor carrier or company operating a motor carrier vehicle under a rental agreement having a term in excess of thirty calendar days shall meet the requirements of this section.
[L 1997, c 119, §2; am L 2005, c 28, §1; am L 2014, c 142, §2; am L 2018, c 18, §16]