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2021 Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
286. Highway Safety
PART I. GENERAL PROVISIONS
DRIVING INSTRUCTORS--REPEALED PART VI. MOTOR VEHICLE DRIVER LICENSING
AND MOTOR VEHICLE REGISTRATION--REPEALED PART XV. INTERISLAND SHIPPING OF VEHICLES PART XVI. CIVIL IDENTIFICATION CARDS
- 286-1 Short title.
- 286-2 Definitions.
- 286-3 Powers and duties of the governor.
- 286-4 REPEALED.
- 286-4.1 Medical advisory board.
- 286-5 State highway safety council.
- 286-6 County traffic or highway safety councils.
- 286-7 County highway safety programs.
- 286-7.5 Vision Zero.
- 286-8 Rules and regulations.
- 286-9 Facilities for physically handicapped persons.
- 286-10 Arrest or citation.
- 286-11 REPEALED.
- 286-12 All-terrain vehicle; utility-terrain vehicle; permitted use.
- 286-21 Vehicles and mopeds without required equipment or in unsafe condition.
- 286-22 Inspection by officers of the police department.
- 286-23 Responsibility for compliance.
- 286-24 Registered owner's responsibility; registration plates as prima facie evidence as to the fault of the registered owner.
- 286-25 Operation of a vehicle or moped without a certificate of inspection.
- 286-26 Certificates of inspection.
- 286-26.5 Special interest vehicles.
- 286-27 Permits to operate official inspection stations.
- 286-28 Fines.
- 286-29 Improper representation as official inspection station.
- 286-30 False certificates.
- 286-31 Vehicle inspector; certification; renewal.
- 286-41 Application for registration; full faith and credit to current certificates; this part not applicable to certain equipment.
- 286-42 County finance director's duties.
- 286-43 Defacing serial numbers, etc., of motor vehicles.
- 286-44 Unlawful to possess certain motor vehicles, parts, etc.; forfeiture.
- 286-44.5 Salvage certificate.
- 286-45 Records of county finance director.
- 286-46 Tax lien and encumbrance record.
- 286-47 Certificate of registration; certificate of ownership; containers.
- 286-47.2 Certificate of trailer registration.
- 286-47.5 Notice of change of address or name; penalty.
- 286-48 Certificates of ownership of salvaged motor vehicles.
- 286-49 Registration of vehicles under two or more names.
- 286-50 Registration of vehicle located outside State; correction of errors; fee for correcting errors.
- 286-51 Registration, expense.
- 286-51.5 Junking of nonrepairable vehicle.
- 286-52 Procedure when title of vehicle transferred; delivery of certificate mandatory.
- 286-52.4 Terminal rental adjustment clause; vehicle leases.
- 286-52.5 Procedure when registration of a trailer transferred.
- 286-53 Dealers in new motor vehicles.
- 286-53.1 Boat dealers; trailers without plates.
- 286-53.5 Permanent registration of fleet vehicles.
- 286-53.6 Fleet vehicles, fees.
- 286-54 Out-of-state vehicle permit.
- 286-55 Certificates lost or mutilated.
- 286-56 Official cars.
- 286-56.5 Special license plates for consul or official representative of foreign or territorial government.
- 286-57 Unlawful removal of motor vehicles from State.
- 286-58 Appeal from finance director's decision.
- 286-59 Appeal; procedure.
- 286-60 Rules of procedure; costs; appeal.
- 286-61 Penalty.
- 286-62 Special license plates authorized.
- 286-63 Shape, size and color of plates; how affixed.
- 286-64 Regulation plates to be surrendered.
- 286-65 Surrender, transfer, and disposal of special plates.
- 286-66 Director in charge.
- 286-67 Fees.
- 286-68 Interpretation of part.
- 286-69 Penalty.
- 286-71 Autocycles.
- 286-81 Motorcycle, motor scooter, moped, etc.; protective devices.
- 286-81.5 Leased or rented moped or motor scooter; flag required.
- 286-82 Penalty.
- 286-83 Sales of motor vehicle equipment; approval and identification required; prohibitions on use.
- 286-84 Revocation of approval.
- 286-85 Reconstructed vehicles, approval required.
- 286-86 Counterfeit air bags.
DRIVING INSTRUCTORS--REPEALED PART VI. MOTOR VEHICLE DRIVER LICENSING
- 286-101 Designation of examiner of drivers.
- 286-101.5 Reciprocal licensing privileges.
- 286-102 Licensing.
- 286-102.3 Commercial drivers under the age of twenty-one.
- 286-102.5 Military Selective Service Act; Selective Service System registration.
- 286-102.6 Provisional license for persons under the age of eighteen. (a) A person may be granted a provisional license to drive passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of fifteen thousand pounds or less if the person: (1) Is at least sixteen years of age but under the age of eighteen; (2) Holds an instruction permit and has held the permit for a period of at least one hundred eighty days and there is no pending proceeding that might result in the suspension or revocation of the instruction permit; and (3) Satisfactorily completes all requirements of sections 286-108 and 286-109. (b) The provisional license shall entitle the provisional licensee to drive the class of motor vehicles specified in subsection (a) upon the roadways of the State; provided that: (1) The provisional licensee shall have the provisional license in the provisional licensee's immediate possession while driving; (2) All occupants of the motor vehicle shall be restrained by safety belts or a child passenger restraint system as required under sections 291-11.5 and 291-11.6; (3) The provisional licensee shall not transport more than one person under the age of eighteen, unless the person is, with respect to the provisional licensee: (A) A household member; or (B) A household member's foster or hanai child, without being accompanied and supervised by a licensed driver who is the provisional licensee's parent or guardian; and (4) Except as provided in subsection (c), whenever the provisional licensee is driving between the hours of 11:00 p.m. and 5:00 a.m., a licensed driver who is the provisional licensee's parent or guardian and is licensed to operate the same category of motor vehicle as the licensee, shall be in the motor vehicle and shall occupy the passenger seat beside the licensee. (c) A provisional licensee may drive between the hours of 11:00 p.m. and 5:00 a.m. without a licensed parent or guardian in the motor vehicle under t
- 286-103 Restrictions on driver's license; rules and regulations.
- 286-104 Which persons shall not be licensed.
- 286-104.5 Limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permits.
- 286-105 What persons are exempt from license
- 286-106 Expiration of licenses.
- 286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents.
- 286-107 License renewals; procedures and requirements.
- 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]
- 286-108 Examination of applicants.
- 286-108.4 Driver education and behind-the-wheel driver training program.
- 286-108.5 REPEALED.
- 286-109 General provision governing the issuance of licenses.
- 286-109.4 Designation of advance health-care directive.
- 286-109.5 Designation of anatomical gift.
- 286-109.6 Limited access to driver's license anatomical gift data.
- 286-109.7 Organ and tissue education fee.
- 286-110 Instruction permits.
- 286-111 Application for license, provisional license, instruction permit, limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit; fees.
- 286-111.5 Voter registration. (a) A qualified applicant for a new or renewed motor vehicle driver's license shall automatically be registered to vote with the clerk of the appropriate county upon completion of the driver's license application and application for voter registration as required in section 11-15.7 if the qualified applicant makes a choice to register to vote on the application form. If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes. (b) The submission of the application for voter registration together with the license or permit application shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c). The examiner of drivers shall not transmit any information necessary to register a qualified applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the qualified applicant's voter registration information if the applicant declined such changes. The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information if the applicant presents a document demonstrating a lack of United States citizenship. (c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law. [L 2021, c 126, §2]
- 286-112 Application of minors; liability of parents or guardian.
- 286-113 Release from liability.
- 286-114 Revocation of license, provisional license, or instruction permit upon death of person signing minor's application.
- 286-115 REPEALED.
- 286-116 License, insurance identification card, possession, exhibition.
- 286-116.5 Notice of change of address or name; penalty.
- 286-117 Duplicate permits, provisional licenses, and licenses.
- 286-118 Records to be kept by the examiner of drivers.
- 286-118.5 License revoked for operating a vehicle under the influence of an intoxicant; eligibility for license renewal.
- 286-119 Authority of examiner of drivers to suspend or revoke licenses.
- 286-120 Authority of examiner of drivers to cancel licenses.
- 286-121 Suspending or revoking privileges of nonresident and reporting convictions, suspensions, and revocations.
- 286-122 Suspension of a license; surrender.
- 286-123 Record of conviction forwarded to examiner of drivers.
- 286-124 Mandatory revocation of license by a court.
- 286-125 Discretionary revocation or suspension of license by a court.
- 286-126 Period of suspension or revocation.
- 286-127 REPEALED.
- 286-128 Evaluation of nonresident driving privileges; reports of outside convictions; reports of convictions by courts-martial or United States commissioners.
- 286-129 Appeal to circuit court.
- 286-130 No operation under foreign license during revocation or suspension in this State.
- 286-131 Unlawful use of license.
- 286-132 Driving while license suspended or revoked.
- 286-133 Unlawful to permit unauthorized person to drive.
- 286-134 Employing unlicensed driver.
- 286-135 Renting motor vehicle to another.
- 286-136 Penalty.
- 286-137 District courts to keep records.
- 286-138 Prohibiting "fixing" of tickets and providing penalties therefor; nolle prosequi by prosecuting attorney only by motion and approval of court.
- 286-139 Preferred insurance rate.
- 286-140 REPEALED.
- 286-201 Definitions.
- 286-202 General duties and powers of the director.
- 286-202.5 Driver improvement program.
- 286-202.6 Marking of motor carrier vehicles.
- 286-202.8 Mudguards; protective devices.
- 286-203 Enforcement.
- 286-204 Accounts, records, and reports.
- 286-204.5 Vehicle identification card.
- 286-205 Reports as evidence.
- 286-206 Penalty.
- 286-207 Exemptions, certain vehicles.
- 286-208 Exemptions, vehicles used by farmers.
- 286-209 Safety inspection of motor carrier vehicles.
- 286-210 Operation of a motor carrier vehicle without a safety inspection decal.
- 286-211 Permits to operate official inspection stations.
- 286-212 Suspension or revocation of permits.
- 286-213 Improper representation as official inspection station.
- 286-214 False certificates.
- 286-215 Fees and charges.
- 286-216 Fines, fees and charges.
- 286-221 Definitions.
- 286-222 General powers.
- 286-223 Scope.
- 286-224 Inspections.
- 286-225 Hazardous materials incident reporting.
- 286-226 Routes.
- 286-227 Penalty.
- 286-231 Definitions.
- 286-232 Limitation on number of driver's licenses.
- 286-233 Notification requirements.
- 286-234 Employer responsibilities.
- 286-235 Commercial driver's license required.
- 286-235.5 Persons exempt from licensure.
- 286-236 Commercial driver's license qualification standards.
- 286-236.5 Renumbered as §286-102.3.
- 286-237 REPEALED.
- 286-238 Application for commercial driver's license or commercial learner's permit.
- 286-238.2 Commercial learner's permit. (a) A commercial learner's permit shall be tamperproof; be marked with the words "commercial learner's permit" or "CLP" displayed prominently; include a statement that it is not valid for driving a commercial motor vehicle unless presented with the underlying commercial driver's license or non-commercial driver's license; and shall include but not be limited to the following with respect to the licensee: (1) The full name and current mailing, residential, and business addresses; (2) A physical description including sex and height; (3) Date of birth; (4) Signature; (5) The date of issuance and the date of expiration of the permit; and (6) The driver's state license number. The commercial learner's permit shall not contain a photograph, digitized image, or other visual representation of the driver. (b) A commercial learner's permit may be issued for the following vehicle categories: (1) Category A €“ Any combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more; provided that the gross vehicle weight rating of the vehicles being towed is in excess of ten thousand pounds; (2) Category B €“ Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle not in excess of ten thousand pounds; and (3) Category C €“ Any single vehicle or combination of vehicles that meets neither the definition of category A nor that of category B, but that is either: (A) Designed to transport sixteen or more passengers; or (B) Used in the transportation of hazardous materials that require the vehicle to comply with title 49 Code of Federal Regulations, part 172, subpart F. (c) A commercial learner's permit may be issued with any one or more of the following endorsements and restrictions: (1) "P" €“ Authorizes driving passenger carrying vehicles; a commercial learner's permit holder with a "P" endorsement is prohibi
- 286-238.5 REPEALED.
- 286-239 Commercial driver's license.
- 286-239.5 Reactivation of expired commercial driver's license; fees; road test waived.
- 286-240 Disqualification, cancellation, and downgrade.
- 286-241 Notification of disqualification, suspension, revocation, cancellation, marking medical certification status as not-certified, or downgrading of commercial driver's licenses or permits.
- 286-241.4 Authority of examiner of drivers to suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade commercial driver's license or permit.
- 286-241.5 Notification and hearing.
- 286-241.6 Appeal to circuit court.
- 286-242 Commercial drivers prohibited from operating with any alcohol in their body.
- 286-243 Implied consent requirements for commercial motor vehicle drivers.
- 286-244 Notification of traffic convictions.
- 286-245 Driving record information to be recorded and furnished.
- 286-246 Authority to make rules.
- 286-247 Authority to enter agreements.
- 286-248 Reciprocity.
- 286-249 Penalty.
AND MOTOR VEHICLE REGISTRATION--REPEALED PART XV. INTERISLAND SHIPPING OF VEHICLES PART XVI. CIVIL IDENTIFICATION CARDS
- 286-301 Issuance of identification card or temporary card.
- 286-301.5 Non-compliant identification cards.
- 286-302 Oaths and investigations.
- 286-303 Application for identification card.
- 286-303.5 Voter registration. (a) A qualified applicant for a new, renewal, or duplicate identification card shall automatically be registered to vote with the clerk of the appropriate county upon completion of an application for identification card and the application for voter registration as required by section 11-15.7 if the qualified applicant makes a choice to be registered to vote. If already registered to vote, the qualified applicant shall be offered the opportunity to decline any changes being made to their name and address for voter registration purposes. (b) The submission of the application for voter registration together with the application for the identification card shall be deemed to authorize the examiner of drivers to collect and transmit the information necessary to register the qualified applicant as a voter if the applicant made such a choice or to make changes to the qualified applicant's voter registration information unless the applicant declined such changes. The examiner of drivers shall electronically transmit the necessary information to the clerk of the county in which the qualified applicant resides, election officials, and the online voter registration system pursuant to section 11-15.7(c). The examiner of drivers shall not transmit any information necessary to register a qualified applicant as a voter if the applicant made a choice not to be registered to vote nor transmit any information necessary to make changes to the qualified applicant's voter registration information if the applicant declined such changes. The examiner of drivers shall not transmit any information related to a voter application or changes to the applicant's voter registration information if the applicant presents a document demonstrating a lack of United States citizenship. (c) For the purposes of this section, "qualified applicant" means a person who qualifies to register as a voter by law. [L 2021, c 126, §3]
- 286-304 Procedure
- 286-305 Contents and characteristics; form.
- 286-306 Expiration; renewal; replacement.
- 286-307 Identification cards not to be altered; duties of holder; lost certificates.
- 286-308 Correction or alteration of records and identification cards in cases of error or subsequent changes concerning names, citizenship, description, etc.
- 286-309 Rules.
- 286-310 Forms.
- 286-311 Custody and use of records; confidential information.
- 286-312 Civil identification card fee special fund.
- 286-313 Reimbursement to counties.
Revision Note
The amendments made to part VI by L 2012, c 310, 2 (enacting subpart B to part VI), 5 (amending the part VI title), 6 (adding a subpart A title to part VI), and 8 (amending 286-101, 286-102(e), 286-104, 286-106, 286-107(c), 286-108(a), 286-110(a), 286-112(a) and (c), 286-113, 286-114, and 286-122(a) to change "part" to "subpart") are omitted as the new subpart B added to part VI was renumbered as part XVI pursuant to 23G-15.
Cross References
Complete streets, see 264-20.5.
Nonresident violator compact, see chapter 291A.
Law Journals and Reviews
Intextication: Txting Whl Drvng. Does the Punishment Fit the Crime? 32 UH L. Rev. 359 (2010).
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