Chapter 286 — Chapter 286

PART I. GENERAL PROVISIONS §286-1 Short title. This chapter may be cited as the "Hawaii Highway Safety Act". [L 1967, c 214, pt of §2; HRS §286-1]

PART VI. MOTOR VEHICLE DRIVER LICENSING §286-101 Designation of examiner of drivers. The chief executive of each county shall designate one or more persons, residing in the county, each of whom shall be a competent operator of motor vehicles, to be known as the examiner of driver…

§286-102 Licensing. (a) No person, except one: shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles. (b) A person operating the following category …

§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 …

§286-104 Which persons shall not be licensed. The examiner of drivers shall not issue any license to any person: Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129. [L 1937, c 234, §4; am L 1943, c …

§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 dependen…

§286-107 License renewals; procedures and requirements. (a) The examiner of drivers may accept an application for a renewal of a driver's license made not more than six months prior to the date of expiration. If, however, the renewal is not applied for within ninety days after th…

§286-108 Examination of applicants. (a) Except as provided in section 286-107.5(a), the examiner of drivers shall examine every applicant for a driver's license, except as otherwise provided in this part. The examination shall include a test of: The examinations shall be appropri…

[§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, an…

§286-108.5 REPEALED. L 1989, c 320, §7; L 1990, c 342, §16.

§286-109 General provision governing the issuance of licenses. (a) Upon payment of the required fee and upon demonstrating the ability to operate a certain category or categories of motor vehicles to the satisfaction of the examiner of drivers, an applicant for a driver's license…

§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 …

§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 o…

§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…

§286-11 REPEALED. L 2015, c 131, §5.

§286-110 Instruction permits. (a) Any person aged fifteen years and six months or more who, except for the person's lack of instruction in operating a motor vehicle, would be qualified to obtain a driver's license issued under this part may apply for a temporary instruction permi…

§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 t…

§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…

§286-115 REPEALED. L 1970, c 164, §1(4).

§286-116 License, insurance identification card, possession, exhibition. (a) Every licensee shall have a valid driver's license in the licensee's immediate possession at all times, and a valid motor vehicle or liability insurance identification card applicable to the motor vehicl…

§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: The examiner of drivers shall also file all accident reports …

§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 …

§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: (b) When the examiner of drivers suspends a license under this section, the examiner shall immediately notify t…

§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 committe…

§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 mann…

§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 …

§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 t…

§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 mot…

§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 convict…

§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 th…

§286-127 REPEALED. L 1970, c 164, §1(5).

§286-128 Evaluation of nonresident driving privileges; reports of outside convictions; reports of convictions by courts-martial or United States commissioners. (a) Nonresident privilege of driving a motor vehicle. The privilege of driving a motor vehicle on the highways of this S…

§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 re…

§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 Sta…

§286-131 Unlawful use of license. No person shall:

§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 th…

§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 autho…

§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]

§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 pers…

§286-136 Penalty. (a) Any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be penalized as follows: (b) Any person who violates any other section in this part shall be fined no more than $1,000. (c) Notwithstanding subsections (a)…

§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…

§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",…

§286-139 Preferred insurance rate. Insurers may provide preferential insurance rates to those persons who have favorable records to their credit. [L 1961, c 113, §2; Supp, §160-73; HRS §286-139]

§286-140 REPEALED. L 1975, c 113, §13.

PART VII. ALCOHOL, DRUGS, AND HIGHWAY SAFETY--REPEALED §§286-151 to 286-163 REPEALED. L 2000, c 189, §28.

PART VIII. TRAFFIC RECORDS §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 necessa…

§286-172 Furnishing of information. (a) Subject to authorization granted by the chief justice with respect to the traffic records of the violations bureaus of the district courts and of the circuit courts, the director of transportation shall furnish information contained in the …

[PART IX. PUPIL TRANSPORTATION] §286-181 Pupil transportation safety. (a) As used in this section "school vehicle" means any publicly or privately owned motor vehicle used to transport pupils to and from a school, as defined in section 302A-901, school functions, or school-relate…

PART X. MISCELLANEOUS PROVISIONS--REPEALED §286-191 REPEALED. L 1989, c 185, §3.

§286-2 Definitions. The following terms whenever used and referred to in this chapter shall have the following meanings unless a different meaning is clearly apparent from the context: "Aftermarket motorcycle frame" means a frame that is manufactured to replace the frame of a mot…