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2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-302 Oaths and investigations.

§286-302 Oaths and investigations.
The examiner of drivers and each authorized subordinate may administer oaths and require and take oral or written statements under oath of any individual in connection with any information required under this part or any rule under part VI and this part. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-304 Procedure

§286-304 Procedure
. (a) All information required by section 286-303 shall be obtained by employees of the examiner of drivers as provided for by rules of the director and by individual interviews with the applicant for the identification card or parent, individual in loco parentis, or guardian, as shown by letters of guardianship. Every applicant or individual providing information on behalf of any applicant under part VI and this part shall answer truthfully all questions, furnish all information within the possession or knowledge of the individual that may be asked or required by the employee within the scope of the requirements of this part, and submit to the examiner of drivers all information and supporting documentation required by rules of the director.
(b) Special provisions may be made by rules adopted by the director.
(c) The examiner of drivers may require an applicant, or any individual providing information on behalf of an applicant, to furnish original or certified copies of documents to establish or corroborate the information required to establish identity under this part and may, by rules, set forth what documents will be required to support or corroborate certain information.
(d) For a person who qualifies as homeless pursuant to section 346-361, the examiner of drivers shall accept a signed sworn statement from a member of a victim services organization, an attorney, a member of the clergy, correctional institution staff, a medical or other health professional from whom the person has sought services, or a verification letter from a homeless service provider as documentary evidence of the person's address. [L 2012, c 310, pt of §2; am L 2015, c 243, §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-305 Contents and characteristics; form.

§286-305
Contents and characteristics; form.
(a) Each identification card issued by the examiner of drivers shall display a distinguishing number assigned to the cardholder, and shall display the following inscription:
"HAWAII IDENTIFICATION CARD"
(b) The examiner of drivers, after obtaining the fingerprint of the applicant as provided in this part and after obtaining the information required by or pursuant to this part, shall issue to each applicant an identification card in a form and with identifying information that the director deems necessary and appropriate, including a notation of veteran status, if desired by the applicant, on the front of the card where applicable; provided that such notation shall not include any designation other than the term "veteran". As used in this subsection, "veteran" means any person who served in any of the uniformed services of the United States and was discharged under conditions other than dishonorable.
(c) The identification card shall not display the cardholder's social security number.
(d) The identification card shall be designed to prevent its reproduction or alteration without ready detection.
(e) The identification card for individuals under twenty-one years of age shall have characteristics prescribed by the examiner distinguishing it from that issued to a individual who is twenty-one years of age or older. [L 2012, c 310, pt of §2; am L 2014, c 6, §4; am L 2019, c 24, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-306 Expiration; renewal; replacement.

§286-306
Expiration; renewal; replacement.
(a)
Every identification card issued under this part, whether an original or a renewal, shall bear an expiration date that shall be the date and month of the individual's birthday eight years after the year of issuance; provided that if the individual is a legal nonimmigrant, the certificate shall bear an expiration date that is the same as the expiration date on the individual's arrival-departure record, CBP Form I-94. A cardholder may renew the cardholder's identification card within six months before the day on which it expires by filing an application in accordance with section 286-303 and paying the prescribed fee [established] by rules of the director.
(b) If an identification card is lost, destroyed, stolen, or mutilated, the individual to whom the identification card was issued may obtain a duplicate by paying the fee established by rules of the director and by:
(1) Furnishing suitable proof of the loss, destruction, or mutilation to the examiner; and
(2) Filing an application and presenting documentary evidence under section 286-303.
Any individual who loses an identification card and, after obtaining a duplicate, finds the original, shall immediately surrender the original to the examiner.
(c) The examiner of drivers shall cancel any identification card upon determining that the identification card was obtained unlawfully, issued in error, or altered. The examiner also shall cancel a REAL ID compliant identification card that is surrendered to the examiner of drivers after the cardholder has obtained a duplicate or replacement REAL ID compliant identification card, or if a REAL ID-compliant driver's license has been previously issued.
(d) No agent of the State or its political subdivisions shall condition the granting of any benefit, service, right, or privilege upon the possession by any individual of an identification card. Nothing in this section shall preclude any publicly operated or franchised transit system from using an identification card for the purpose of granting benefits or services of the system. No individual shall be required to apply for, carry, or possess an identification card. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-307 Identification cards not to be altered; duties of holder; lost certificates.

§286-307
Identification cards not to be altered; duties of holder; lost certificates.
(a) No individual, except agents of the examiner acting pursuant to the authority of law, shall alter, deface, or destroy any identification card. Except as specifically authorized by this section or the rules of the director, no cardholder shall loan or give the individual's identification card to any other individual, and no individual shall use the identification card of any other individual.
(b) Any individual whose identification card is stolen or otherwise lost, altered, defaced, or destroyed, may at any time apply for a duplicate identification card. The duplicate shall be issued by the examiner of drivers upon being satisfied as to the loss, alteration, defacing, or destruction. In the case of an altered or defaced identification card, the identification card, if available, shall be surrendered by the cardholder and canceled by the examiner.
(c) Any individual finding or coming into possession of the identification card of any other individual shall promptly return or deliver the same to the owner thereof, the examiner of drivers that issued it, or any law enforcement officer. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-308 Correction or alteration of records and identification cards in cases of error or subsequent changes concerning names, citizenship, description, etc.

§286-308
Correction or alteration of records and identification cards in cases of error or subsequent changes concerning names, citizenship, description, etc.
(a) A cardholder who, after receiving an identification card, has a change in one or more of the following:
(1) Name, legally changed by marriage, divorce, adoption, legitimization, order of the lieutenant governor, or other legal means;
(2) Citizenship status;
(3) Address; or
(4) Individual in charge of the cardholder (in the case of a minor or incompetent individual),
within thirty days after the change, shall report the change, submit supporting documents, and present the cardholder's identification card to the examiner. The examiner of drivers, upon being furnished with satisfactory proof as to the change, and receiving payment of the fee, shall cancel the identification card and issue a new identification card bearing the new name, citizenship status, or address of the cardholder, making appropriate notation of the facts upon the records of the examiner.
(b) If any error has been made in any item of information contained in the records of the examiner of drivers or on the identification card concerning any cardholder, the examiner of drivers or the cardholder, upon application and upon provision of evidence satisfactory to the examiner that an error has been committed, may correct the error and, in such case, shall make appropriate changes or notations stating the error and the correct information in the records of the examiner of drivers and on the identification card.
(c) If any item of the cardholder's personal information was originally correct, but will change after issuance of the identification card and the examiner of drivers finds the change material, the examiner of drivers may register the change and alter the records and identification card to conform thereto, upon receipt of satisfactory evidence of the change and approval of the examiner. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-309 Rules.

§286-309
Rules.
For the purpose of carrying out this part, the director, pursuant to chapter 91, shall adopt rules including rules assessing reasonable fees for the services provided under this part. The rules shall:
(1) Authorize the examiner of drivers to waive any fee in cases of extreme hardship and provide criteria for determining whether a waiver is warranted; and
(2) Direct the examiner of drivers to waive all fees for the issuance of an original or renewal identification card for any individual who is homeless; provided the individual's homeless status is corroborated by a verification letter issued by a homeless service provider. [L 2012, c 310, pt of §2; am L 2015, c 243, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-310 Forms.

§286-310
Forms.
The director may prepare, prescribe, and furnish, in conformity with this part, forms for questionnaires, notices, fingerprint cards or forms, certificates of identification, instructions, and all other forms necessary or proper for the prompt, efficient, and adequate execution of the functions of the examiner of drivers set forth in this part. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-311 Custody and use of records; confidential information.

§286-311
Custody and use of records; confidential information.
(a) All information and records acquired by the examiner of drivers under this part shall be confidential; provided that the examiner may transmit voter registration information as required under sections 11-15.7, 286-111.5, 286-303.5, 286-111, and 286-303. All information and records shall be maintained in an appropriate form and in an appropriate office in the custody and under the control of the examiner. The information shall be available only to authorized individuals under restrictions as the director shall prescribe. The examiner may dispose of any application or identification card, or information or record relating to the application or identification card, that does not include a social security number, without regard to chapter 94, whenever, in the examiner's discretion, retention of the information or record is no longer required or practicable.
(b) No officer or employee of the examiner of drivers shall divulge any information concerning any cardholder acquired from the records of the examiner or acquired in the performance of any of the officer's or employee's duties under part VI and this part to any individual not authorized to receive the same pursuant to part VI and this part. No individual acquiring from the records any information concerning any cardholder shall divulge the information to any individual not so authorized to receive the same. [L 2012, c 310, pt of §2; am L 2021, c 126, §7]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-312 Civil identification card fee special fund.

§286-312 Civil identification card fee special fund.
There is established in the state treasury a special fund to be known as the civil identification card fee special fund. The fund shall consist of all fees assessed for the processing and issuance of identification cards. The fund shall be used for the purposes of the identification card program. The fund shall be administered by the director. The fund shall be held separate and apart from all other moneys, funds, and accounts in the state treasury. Interest and investment earnings credited to the assets of the fund shall become a part of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried over to the next fiscal year. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286. Highway Safety › 286-313 Reimbursement to counties.

§286-313 Reimbursement to counties.
The counties shall be reimbursed the incremental costs incurred in the administration of this part. The amount of reimbursement shall be determined by the director of transportation. [L 2012, c 310, pt of §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286C. Driver License Compact › 286C-2 Definitions.

§286C-2 Definitions.
(a) For the purpose of the Driver License Compact:
(1) "Licensing authority" means the examiner of drivers of each county.
(2) "Compact administrator" means the state director of transportation.
(b) The licensing authority shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact. [L 1971, c 127, §5; am L Sp 1977 1st, c 20, §12]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286G. Driver Education and Training Fund › 286G-1 Definitions.

§286G-1 Definitions.
As used in this chapter:
"Conviction" includes, in the case of a minor, not only a conviction of the offense but also an adjudication of delinquency by a family court, and any disposition of the case which involves an admission on the commission of the offense.
"Driver", "owner", "parking", "standing", "stopping", and "vehicle" have the meanings defined by section 291C-1. [L 1974, c 91, pt of §1]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286G. Driver Education and Training Fund › 286G-2 Driver education and training fund.

§286G-2 Driver education and training fund.
There is established in the state treasury a special fund to be known as the driver education and training fund. All driver education assessments collected pursuant to this chapter shall be deposited in the driver education and training fund to be expended by the administrative director of the courts for driver education and training programs administered by the judiciary, subject to part III of chapter 37 to the extent that the same applies to appropriations for the judiciary. [L 1974, c 91, pt of §1 and am c 159, §17; am L 1982, c 213, §1; am L 1997, c 153, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 286G. Driver Education and Training Fund › 286G-3 Driver education assessments.

§286G-3 Driver education assessments.
(a) A driver education assessment of $7 shall be levied on a finding that a violation of a statute or county ordinance relating to vehicles or their drivers or owners occurred, except for:
(1) Offenses relating to stopping (when prohibited), standing, or parking;
(2) Offenses relating to registration; and
(3) Offenses by pedestrians.
(b) Driver education assessments of:
(1) $100 shall be levied on persons convicted under section 291E-61 or 291E-61.5 to defray costs of services provided by the driver education and training program;
(2) $50 shall be levied on persons required to attend a child passenger restraint system safety class under section 291-11.5; and
(3) $75 shall be levied on persons convicted under section 291C-105 to defray costs of services provided by the driver education and training program.
(c) The driver education assessments levied by subsections (a) and (b) shall be paid for each violation in addition to any fine imposed by the court, and regardless of whether a fine is suspended; provided that the driver education assessment of $100 levied on a person convicted under section 291E-61 or 291E-61.5 may be waived by the court if the court determines that the person is unable to pay the driver education assessment.
(d) The amount of each driver education assessment levied by subsections (a) and (b) shall be transmitted by the clerk of the court for deposit in the driver education and training fund. [L 1974, c 91, pt of §1; am L 1978, c 222, §5; am L 1982, c 213, §2; am L 1984, c 120, §1; am L 1995, c 204, §1; am L 1997, c 153, §5; am L 1998, c 81, §2; am L 2001, c 157, §8; am L 2004, c 90, §1; am L 2006, c 129, §2]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-1 Definitions.

§287-1 Definitions.
As used in this chapter:
"Administrator" means the chief of police of each county or the director of finance of each county and their authorized subordinates charged with the responsibility of administering this chapter;
"Driver" means every person who is in actual physical control of a motor vehicle;
"Judgment" means any judgment, order, or decree which has become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of the United States or any territory or state thereof upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages;
"Legal owner" has the same meaning prescribed by section 286-2;
"License" means any license or permit issued or recognized under chapter 286 to operate motor vehicles;
"Motor vehicle" has the meaning prescribed by section 286-2 and includes trailers and semitrailers designed for use by such vehicles, but does not include road rollers, farm tractors, tractor cranes, power shovels, and well drillers;
"Nonresident" means every person who is not a resident of the State;
"Nonresident's operating privilege" means the privilege conferred upon a nonresident by laws of the State pertaining to the operation by the nonresident of a motor vehicle, or the use of a motor vehicle owned by the nonresident in this State;
"Owner" or "registered owner" has the meaning prescribed by section 286-2 to the term "owner";
"Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amounts prescribed by section 294-10(a);
"Registration" means the certificate of registration issued pursuant to chapter 286;
"State" except in reference to the State of Hawaii means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. [L 1949, c 393, pt of §1; RL 1955, §160-80; am L 1963, c 98, §1; am imp L 1967, c 214, § §2, 15; HRS §287-1; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; am L 1982, c 210, §1; gen ch 1985]
Note
Section 294-10(a) referred to in text is repealed. For present provision, see §431:10C-301.
Revision Note
Definitions rearranged.
Case Notes
Definition of "owner" may not have general application as used in private insurance policies. 230 F. Supp. 451 (1964).
Definition of "owner" inapplicable in determining "owned automobile" as used in insurance policy. 349 F.2d 502 (1965), aff'g 230 F. Supp. 444 (1963).
On applicability, see 146 F. Supp. 729 (1956).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-2 Administrator to administer chapter; appeal to circuit court.

§287-2 Administrator to administer chapter; appeal to circuit court.
(a) The administrator shall administer and enforce this chapter and make rules and regulations consistent herewith and necessary for its administration and shall provide for hearings upon request of any person aggrieved by orders or acts of the administrator under this chapter. The rules and regulations shall be as nearly uniform throughout the State as the circumstances permit, but the fact of nonuniformity shall not of itself be sufficient to make unenforceable any rule or regulation, otherwise lawful, promulgated hereunder.
(b) Any order or act of any administrator pursuant to the authority given by this chapter or by rules or regulations hereunder, shall be subject to appeal to the circuit court of the circuit in which the order or act has been entered or done, which shall have jurisdiction to affirm, vacate, and modify, in whole or in part, any such order or act. Any person aggrieved may file an appeal therefrom in the office of the clerk of the circuit court within thirty days after the effective date of the order or act. The appeal shall not operate to suspend the order or act unless for cause satisfactory to the court and upon such conditions as may be imposed by the court, the court shall otherwise order. The administrator upon service of a copy of the appeal shall forthwith transmit to the clerk of court a transcript of the papers filed with the administrator and a certified transcript of the evidence, if any, adduced. Upon the filing of the transcript, the appeal shall be at issue, and upon the application of either party, may be advanced and assigned for hearing at the earliest possible date to determine whether the action of the administrator is in accordance with law. The prosecuting officer and the legal advisor of the county shall render assistance to the administrator upon the administrator's request in enforcing and carrying out this chapter and in prosecuting and defending proceedings hereunder. [L 1949, c 393, pt of §1; RL 1955, §160-81; HRS §287-2; am L 1980, c 84, pt of §1; gen ch 1985]
Rules of Court
Appeal to circuit court, see HRCP rule 72.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-3 Furnishing of operating records.

§287-3 Furnishing of operating records.
(a) The traffic and emergency period violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all alleged moving violations and any convictions resulting therefrom, arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001. The traffic and emergency period violations bureaus may collect a fee, not to exceed $20, of which $18 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund.
(b) Notwithstanding any provision to the contrary, all alleged moving violations as well as any convictions resulting therefrom or any administrative license suspension pursuant to chapter 291A shall not be included in a certified abstract of the bureaus' record. [L 1949, c 393, pt of §1; RL 1955, §160-82; HRS §287-3; am L 1980, c 84, pt of §1; am L 1982, c 210, §2; am L Sp 1991, c 1, §16; am L 1993, c 135, §2; am L 1994, c 73, §1; am L 1996, c 203, § §3, 9; am L 1999, c 299, §1; am L 2001, c 157, §9; am L 2010, c 64, §1; am L 2021, c 185, §17]
Case Notes
Based on the clear language of subsection (a) and §291-3.3(b), and because §291-3.3(b) does not describe a "moving violation" which arises from the "operation of a motor vehicle", the district court disregarded the statutory requirements and abused its discretion in determining that a violation of §291-3.3(b) was properly included as part of defendant's traffic abstract. 123 H. 293 (App.), 233 P.3d 713 (2010).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-4 Report required following accident.

§287-4 Report required following accident.
The driver of every motor vehicle which is in any manner involved in an accident within this State in which any person is killed or injured or in which damage to the property of any one person, including the driver, to an apparent extent in excess of $3,000 is sustained shall at the earliest practical time, and in any event within twenty-four hours after the accident, report the matter in writing or in person to the chief of police. The report, the form of which shall be prescribed by the chief of police and administrator, shall contain information to enable the administrator to determine whether the requirements for the deposit of security under sections 287-5 and 287-6 are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter. If the driver is physically incapable of making the report, any other occupant in the vehicle at the time of the accident capable of making the report shall make or cause to be made the report not made by the driver, and the registered owner of the motor vehicle involved in the accident shall, unless the report is filed, within ten days after learning of the accident make the report. The driver, occupant, and registered owner shall furnish such additional relevant information as the chief of police or administrator shall require. If the reports required hereunder are made pursuant to any ordinance or other provision or requirement of law, no additional report, except as specifically provided herein, shall be required hereby. [L 1949, c 393, pt of §1; RL 1955, §160-83; HRS §287-4; am L 1970, c 164, §3; am L 1977, c 23, §2; am L 1980, c 84, pt of §1; gen ch 1985; am L 1990, c 39, §1; am L 1995, c 216, §1]
Cross References
Accidents and accident reports, see chapter 291C, part II.
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-5 Security required unless evidence of insurance.

§287-5 Security required unless evidence of insurance.
If twenty days after the receipt of a report of a motor vehicle accident within this State which has resulted in bodily injury or death or damage to property of any one person in excess of $3,000, the administrator does not have on file evidence satisfactory to the administrator that the person who would otherwise be required to file security under section 287-6 has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the administrator shall determine the amount of security which is sufficient in the administrator's judgment to satisfy any judgment or judgments for damages resulting from the accident as may be recovered against each driver or owner. This section shall be applicable to each driver or owner notwithstanding that the administrator determines that the amount of security required hereunder shall as to any such driver or owner be less than $3,000. [L 1949, c 393, pt of §1; am L 1951, c 183, §1; RL 1955, §160-84; HRS §287-5; am L 1970, c 164, §3; am L 1977, c 23, §3; am L 1980, c 84, pt of §1; gen ch 1985; am L 1990, c 39, §2; am L 1995, c 216, §2]
Case Notes
Purpose of statute is to protect the injured members of the public. Where motorist involved in serious accident, financial responsibility law may restrict the motorist's use of public highways. 146 F. Supp. 729 (1956).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-6 Suspension of license.

§287-6 Suspension of license.
The administrator shall suspend the license or permit of each driver and the license of the registered owner of the motor vehicle in any manner involved in the accident and if the driver is a nonresident, any privilege of operating the motor vehicle within the State shall cease, and if the owner of the motor vehicle is a nonresident, the privilege of the use within the State of any motor vehicle owned by the nonresident shall also cease, unless the driver or owner or both have satisfied the requirements of section 287-5 or have deposited security in the sum determined by the administrator. Notice of the suspension shall be sent by the administrator to the driver and registered owner and the nonresident owner not less than ten days prior to the effective date of the suspension and shall state the amount required as security. Where erroneous information is given the administrator with respect to the matters set forth in [paragraph] (1), (2), or (3) of section 287-7, the administrator shall take appropriate action as hereinbefore provided within sixty days after receipt by the administrator of correct information with respect to those matters. [L 1949, c 393, pt of §1; RL 1955, §160-85; HRS §287-6; am L 1970, c 164, §3; am L 1977, c 23, §4; am L 1980, c 84, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-7 Exceptions.

§287-7 Exceptions.
Sections 287-5 and 287-6 shall not apply under the conditions stated in section 287-8 nor:
(1) To the driver or registered owner if the registered owner had in effect at the time of the accident an automobile liability policy with respect to the motor vehicle involved in the accident;
(2) To the driver, if not the registered owner of the motor vehicle if there was in effect at the time of the accident an automobile liability policy or bond with respect to the driver's operation of motor vehicles not owned by the driver;
(3) To the driver or registered owner if the liability of the operator or registered owner for damages resulting from such action is, in the judgment of the administrator, covered by any other form of liability insurance policy or bond;
(4) To any person qualifying as a self-insurer under section 287-42, or to any driver of a motor vehicle for the self-insurer where the self-insurer is responsible for the acts of the driver.
No automobile liability policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in the State, except that if the motor vehicle is registered elsewhere than in this State at the effective date of the policy or bond, or the most recent renewal thereof, the policy or bond shall not be effective under this section unless the insurance company or surety company, if not authorized to do business in the State, executes a power of attorney authorizing the insurance commissioner to accept service on its behalf of notice of process in any action upon the policy or bond arising out of the action; provided every such policy or bond is subject to a limit, exclusive of interest and costs, of not less than the liability coverages stated in section 294-10(a). [L 1949, c 393, pt of §1; RL 1955, §160-86; am L 1963, c 98, §1; HRS §287-7; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; am L 1982, c 210, §3; gen ch 1985]
Note
Section 294-10(a) referred to in text is repealed. For present provision, see §431:10C-301.
Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992).
Case Notes
Under this section and §431-448 insurer must provide a minimum of $10,000 uninsured motorist coverage for each vehicle under a single liability insurance policy. 59 H. 44, 575 P.2d 477 (1978).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-8 Further exceptions to requirement of security.

§287-8 Further exceptions to requirement of security.
The requirements as to security and suspension of sections 287-5 and 287-6 shall not apply:
(1) To the driver or the registered owner of a motor vehicle involved in an accident where no injury or damage was caused to the person or property of anyone other than the driver or registered owner;
(2) To the driver or the registered owner of the motor vehicle legally parked at the time of accident;
(3) To the driver of a motor vehicle involved in an accident during the normal scope of that person's employment;
(4) To the registered owner of the motor vehicle if at the time of the accident the vehicle was being operated without the registered owner's permission, express or implied, or was parked by a person who had been operating the motor vehicle without such permission; nor
(5) If prior to the date the administrator would otherwise suspend the license or permit under section 287-6, there is filed with the administrator evidence satisfactory to the administrator that the driver who would otherwise have to file security has been released from liability or been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident. [L 1949, c 393, pt of §1; RL 1955, §160-87; HRS §287-8; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; am L 1984, c 110, §1; gen ch 1985; am L 2002, c 47, §1]
Case Notes
Intended to require irresponsible operators to furnish alternative proofs of financial responsibility. 40 H. 213 (1953).
Uninsured motorist coverage. 62 H. 424, 616 P.2d 1357 (1980).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-9 Duration of suspension.

§287-9 Duration of suspension.
The license and permit suspended as provided in section 287-6 shall remain suspended and shall not be renewed nor shall any new license or permit be issued to the person whose license or permit is suspended until:
(1) The person whose license or permit is suspended deposits or there is deposited on the person's behalf the security required under section 287-6;
(2) Two years have elapsed following the date of the suspension and evidence satisfactory to the administrator has been filed with the administrator that during that period no action for damages arising out of the accident has been commenced; or
(3) Pursuant to section 287-8(5), evidence satisfactory to the administrator has been filed with the administrator of a release of the driver from liability, or a final adjudication of nonliability of the driver, or a duly acknowledged written agreement; provided that if there is any default in the payment of any installment under any duly acknowledged written agreement, then upon notice of the default, the administrator shall immediately suspend the license of the person defaulting on the agreement, and the license shall not be restored until:
(A) The person deposits and thereafter maintains security as required under section 287-6 in an amount as the administrator may then determine; or
(B) Two years have elapsed following the date when the security was required and during that period no action has been instituted for enforcement of the agreement. [L 1949, c 393, pt of §1; RL 1955, §160-88; HRS §287-9; am L 1970, c 164, §3; am L 1980, c 84, pt of §1; am L 1984, c 110, §2; gen ch 1985; am L 2020, c 70, §35]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-10 Application to nonresidents and unlicensed drivers.

§287-10 Application to nonresidents and unlicensed drivers.
In case the driver involved in an accident within the State has no license or permit, the driver shall not be allowed a license or permit until the driver has complied with the requirements of this chapter to the same extent that would be necessary if at the time of the accident the driver held such a license or permit. [L 1949, c 393, pt of §1; RL 1955, §160-89; HRS §287-10; am L 1970, c 164, §3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-11 Form and amount of security.

§287-11 Form and amount of security.
The security required under this chapter shall be in such form and in such amount as the administrator may require but in no case in excess of the limits specified in section 287-7 in reference to the acceptable limits of a policy or bond. The person depositing security shall specify in writing the person or persons on whose behalf a deposit is made and, at any time while the deposit is in the custody of the administrator or the treasurer or director of finance of the county, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf deposit is made to include an additional person or persons; provided that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.
The administrator may reduce the amount of security ordered in any case within six months after the date of the accident, if in the administrator's judgment the amount ordered is excessive and the excess deposited over the reduced amount ordered shall be returned to the depositor or the depositor's personal representative forthwith notwithstanding section 287-12. [L 1949, c 393, pt of §1; RL 1955, §160-90; HRS §287-11; am L 1980, c 84, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-12 Custody, disposition, and return of security.

§287-12 Custody, disposition, and return of security.
Security deposited in compliance with the requirements of this chapter shall be placed by the administrator in the custody of the county treasurer or director of finance and shall be applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made, for damages arising out of the accident in question in an action, begun not later than one year after the date of the accident or within one year after the date of deposit of any security under section 287-9(3), and the deposit or any balance thereof shall be returned to the depositor or the depositor's personal representative when:
(1) Pursuant to section 287-8(5), evidence satisfactory to the administrator has been filed with the administrator that there has been a release from liability, or a final adjudication of nonliability, or the execution of a duly acknowledged written agreement; or
(2) After the expiration of one year from the date of the accident or from the date of deposit of any security under section 287-9(3), the administrator is given reasonable evidence that there is no pending action and no judgment rendered in the action left unpaid.
The security deposited shall not be subject to any attachment or execution unless the attachment or execution arises out of a suit for damages as described in this section. [L 1949, c 393, pt of §1; RL 1955, §160-91; HRS §287-12; am L 1980, c 84, pt of §1; gen ch 1985; am L 2020, c 70, §36]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-14 Matters not to be evidence in civil court.

§287-14 Matters not to be evidence in civil court.
Neither the report required by section 287-4, the action taken by the administrator pursuant to this chapter, the findings of the administrator upon which the action is based, nor the security filed as provided in this chapter shall be referred to in any way or be any evidence of the negligence or due care of either party at the trial of any action to recover damages. [L 1949, c 393, pt of §1; RL 1955, §160-92; HRS §287-14; am L 1980, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-15 Report of nonpayment of judgments.

§287-15 Report of nonpayment of judgments.
Whenever any person fails within sixty days to satisfy any judgment upon the written request of the judgment creditor or the judgment creditor's attorney, the clerk of the court or the judge of a court which has no clerk in which any such judgment is rendered shall forward to the administrator immediately after the expiration of the sixty days a certified copy of the judgment. If the defendant named in any certified copy of a judgment reported to the administrator is a nonresident, the administrator shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident. [L 1949, c 393, pt of §1; RL 1955, §160-93; HRS §287-15; am L 1980, c 84, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-16 Suspension for nonpayment of judgment; exceptions.

§287-16 Suspension for nonpayment of judgment; exceptions.
The administrator, upon the receipt of a certified copy of the judgment shall forthwith suspend the license of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section and in section 287-19.
If the judgment creditor consents in writing, in such form as the administrator may prescribe, that the judgment debtor be allowed a license, the same may be allowed by the administrator, in the administrator's discretion, for six months from the date of the consent and thereafter until the consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installments thereof prescribed in section 287-19, provided the judgment debtor furnished proof of financial responsibility. [L 1949, c 393, pt of §1; RL 1955, §160-94; HRS §287-16; am L 1980, c 84, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-17 Suspension to continue until judgments paid and proof given.

§287-17 Suspension to continue until judgments paid and proof given.
The license shall remain so suspended and shall not be renewed, nor shall any such license be thereafter issued in the name of the person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent hereinafter provided, and until the person gives proof of financial responsibility subject to the exceptions stated in sections 287-16 and 287-19. [L 1949, c 393, pt of §1; RL 1955, §160-95; HRS §287-17; am L 1982, c 210, §4]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-18 Payment sufficient to satisfy requirements.

§287-18 Payment sufficient to satisfy requirements.
Judgments herein referred to shall, for the purpose of this chapter only, be deemed satisfied:
(1) When $25,000 is credited upon any judgment or judgments rendered in excess of that amount because of accidental harm sustained by any one person as a result of any one accident applicable to each person sustaining accidental harm; or
(2) When $10,000 is credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident.
Payments made in settlement of any claims because of bodily injury, death, or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section. [L 1949, c 393, pt of §1; RL 1955, §160-96; am L 1963, c 98, §1; HRS §287-18; am L 1982, c 210, §5]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-19 Installment payment of judgment; default.

§287-19 Installment payment of judgment; default.
(a) A judgment debtor upon due notice to the judgment creditor may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may for the purposes of this chapter only so order and fix the amounts and times of payment of the installments.
(b) The administrator shall not suspend a license and shall restore any license suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of the judgment in installments, and while the payment of any installment is not in default.
(c) If the judgment debtor fails to pay any installment as specified by the court order, then upon notice of the default, the administrator shall forthwith suspend the license of the judgment debtor until the judgment is satisfied as provided in this chapter. [L 1949, c 393, pt of §1; RL 1955, §160-97; HRS §287-19; am L 1980, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-21 Alternate methods of giving proof.

§287-21 Alternate methods of giving proof.
Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:
(1) A certificate of insurance as provided in section 287-22 or 287-23; or
(2) A bond as provided in section 287-35; or
(3) A certificate of deposit of money or securities as provided in section 287-36; or
(4) A certificate of self-insurance, as provided in section 287-42, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, the self-insurer will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to the self-insurer. [L 1949, c 393, pt of §1; RL 1955, §160-99; HRS §287-21; gen ch 1985]
Case Notes
Defendant attempted to show compliance of proof of financial responsibility by other means. 71 H. 282, 788 P.2d 172 (1990).
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-22 Certificate of insurance as proof.

§287-22 Certificate of insurance as proof.
Proof of financial responsibility may be furnished by filing with the administrator the written certificate of any insurance carrier duly authorized to do business in the State certifying that there is in effect a motor vehicle liability policy for the benefit of the person or persons required to furnish proof of financial responsibility. The certificate shall give the effective date of the motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle. [L 1949, c 393, pt of §1; RL 1955, §160-100; HRS §287-22; am L 1980, c 84, pt of §1]
2023 Hawaii Revised Statutes › Title 17. Motor and Other Vehicles › 287. Motor Vehicle Safety Responsibility Act › 287-22.1 Certificate of insurance as proof; mandatory, when.

§287-22.1 Certificate of insurance as proof; mandatory, when.
Any person required to show proof of financial responsibility pursuant to section 287-20(a)(3) shall show proof by filing a certificate of insurance pursuant to section 287-22, or, if the person is a nonresident, section 287-23. [L 1985, c 195, §1]