Title 17, Motor And Other Vehicles

PART I. OPERATION §291-1 [NEW] Definitions. As used in this part: "Intoxicating liquor" means the same as the term is defined in section 281-1. "Public street, road, or highway" includes the entire width, including berm or shoulder, of every road, alley, street, way, lane, trail,…

§291-10 Penalty. Any person violating any of the provisions of sections 291-8 and 291-9 shall be fined not less than $5 nor more than $150. [L 1917, c 69, §3; RL 1925, §4408; RL 1935, §6298; RL 1945, §11711; RL 1955, §311-17; HRS §291-10]

§291-11 Riders and passengers under seven years of age on motorcycles and motor scooters prohibited; penalty. (a) It shall be unlawful for any driver of a motorcycle or motor scooter to carry as a passenger or to permit to ride thereon any person under the age of seven years. (b)…

§291-11.5 Child passenger restraints. (a) Except as otherwise provided in this section, no person operating a motor vehicle on a public highway in the State shall transport a child under ten years of age except under the following circumstances: (b) Operators of the following mot…

§291-11.6 Mandatory use of seat belts, when, penalty. (a) Except as otherwise provided by law, no person shall operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and all passengers in the front or back seat of the motor vehicle…

§291-12 Inattention to driving. Whoever operates any vehicle negligently as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be …

[§291-13] Traffic laws apply to persons driving mopeds. Every person driving a moped upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter except as to the special provisions of this pa…

§291-14 Pickup trucks; passenger restrictions. (a) No person shall stand in the bed or load-carrying area of any motor vehicle commonly known as a pickup truck while the vehicle is in operation. No operator of any pickup truck shall operate the vehicle with a passenger seated in …

[§291-15] Trauma system surcharge. (a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that: (b) The surcharge shall not be ordered when the court determines…

[§291-16] Safe routes to school program surcharge. (a) In addition to any other civil penalties ordered by the court, a person who violates any provision under this part shall be ordered to pay a safe routes to school program surcharge of $10. (b) The person shall pay the surchar…

§291-17 Mobile electronic devices; use while operating a commercial motor vehicle prohibited. (a) No person with a commercial driver's license shall use a mobile electronic device, including using the mobile electronic device for texting as defined under section 286-231, while op…

[§291-18] Intentional release of exhaust emissions prohibited; penalty. (a) No person shall cause a diesel- or gas-powered vehicle to discharge clearly visible smoke, soot, or other exhaust emissions onto another person or motor vehicle when modifications to a vehicle's parts are…

§291-2 Reckless driving of vehicle or riding of animals; penalty. Whoever operates any vehicle or rides any animal recklessly in disregard of the safety of persons or property is guilty of reckless driving of vehicle or reckless riding of an animal, as appropriate, and shall be f…

§291-21.3 Definitions. As used in this chapter: "Flatrack" means an open-sided platform mounted on a chassis without motive power designed to be drawn by a motor vehicle and used to carry property. "FMVSS" means the Federal Motor Vehicle Safety Standards. "Glazing material" means…

§291-21.5 Regulation of motor vehicle sun screening devices; penalty. (a) No person shall operate, permit the operation of, cause to be operated, or park any motor vehicle on a public highway if the glazing material of the motor vehicle: (b) No person shall install, mount, adhere…

§291-22 Regulation of exhaust pipe and muffler. It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audi…

§291-23 Penalty. (a) Violation of any of the provisions of section 291-22 shall subject the violator to the following penalties:

§291-24 Motorcycles and mopeds, noisy mufflers; penalty. (a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust syst…

[§291-24.4] Motor vehicle muffler; high density population areas. (a) No person shall use on a public highway in a high density population area a muffler that noticeably increases the noise emitted by a motor vehicle above that emitted by the vehicle as equipped by the factory. (…

§291-24.5 Motor vehicle muffler. (a) No person shall use on a public highway, sell, offer for sale, alter, or install a muffler, including but not limited to a cut-out, bypass, or similar device, that will noticeably increase the noise emitted by a motor vehicle above that emitte…

§291-24.6 Motor vehicle alarm systems. (a) "Motor vehicle alarm system" means any device that is designed or used for the detection of an unauthorized entry into a motor vehicle, or for alerting others to the commission of an unlawful act, or both, and that emits a sound when act…

§291-25 Lights for motor vehicles, motorcycles, motor scooters, motorized bicycles. (a) From thirty minutes after sunset until thirty minutes before sunrise, every motor vehicle moving upon any public highway shall carry at the front thereof at least two lighted head lamps which …

§291-26 Testing lights. All devices or adjustments used in connection with lights upon motor vehicles to enable the same to comply with this chapter, shall not be used until approved by the chief of police or the chief of police's authorized subordinate of the county wherein the …

§291-28 Lights for loads. In any case where a vehicle is loaded with any material in such a manner that any portion of the load extends toward the rear four feet or more beyond the rear of the bed or body of the vehicle, there shall be displayed at the extreme end of the load, at…

§291-29 Lights for other vehicles. All vehicles other than those specified in section 291-25 shall during the time mentioned in such section when upon the public highway, carry a lighted light on the extreme width of each side so arranged that a light from the lamps shall be visi…

§291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped. (a) No person shall consume any intoxicating liquor while operating a motor vehicle or moped upon any public street, road, or highway. (b) No person shall possess, while operating a motor…

§291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle. (a) No person shall consume any intoxicating liquor while a passenger in any motor vehicle or on any moped upon any public street, road, or highway. (b) No person shall possess, while a pas…

§291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout. (a) No person shall keep in a motor vehicle, or on a moped when such vehicle or moped is upon any public street, road, or highway or at any scenic lookout, any bottle, can, or ot…

[§291-3.4] Exceptions; consumption or possession of intoxicating liquor while a passenger in a motor vehicle, storage of opened container containing intoxicating liquor. Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate o…

§291-30 Spotlights. No spotlight shall be used in any city, town, or village, and no spotlight shall be so used as to shine in the eyes of the drivers of approaching passing vehicles, and when used every spotlight shall be turned off not less than two hundred feet from an approac…

§291-31 Tail lights on vehicles, motorcycles and motor scooters. (a) From thirty minutes after sunset to thirty minutes before sunrise, at any time while a vehicle, other than a bicycle, motorcycle or motor scooter, is operated on any public highway, there shall be displayed at t…

§291-31.5 Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, electric foot scooters, and mopeds. (a) No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be …

§291-32 Penalties. (a) The use or operation of any motor vehicle not equipped with lights in conformity with sections 291-25 to 291-31 upon the public highways is prohibited during the period specified in section 291-25(a). (b) Whoever violates any of the provisions of this secti…

§291-33 Projections on face of wheels prohibited. (a) There shall not be operated or moved upon any public road, street, or highway within the State, any vehicle, motor vehicle, or other power vehicle the face of the wheels of which are fitted or equipped with flanges, ribs, clam…

§291-34 Size of vehicles; width, height, and length. (a) Width. No motor vehicle or other power vehicle having an overall width greater than nine feet, including load, shall be operated or moved upon any public road, street, or highway within the State, except as hereinafter prov…

§291-35 Gross weight, axle, and wheel loads. No motor vehicle or other power vehicle or combination of those vehicles equipped wholly with pneumatic tires shall be operated or moved upon any public road, street, or highway within the State if the vehicle or combination of vehicle…

§291-35.1 Regulation of bumper height. Maximum bumper heights of motor vehicles shall be determined by the weight category of gross vehicle weight rating (GVWR) as measured from a level surface to the highest point on the bottom of the bumper. Maximum heights are as follows: Gros…

§291-36 Exceptions. (a) The director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets, may, upon application in writing, issue a written permit authorizing the applicant to operate or move a vehicle or combination o…

§291-37 Penalties. (a) Any person who omits to perform any of the acts required by, or who commits any of the acts prohibited by, sections 291-2 to 291-33, or any rules adopted to enforce those sections, shall be guilty of a violation and shall be fined not less than $25 nor more…

§291-39 Enforcement. (a) For the purpose of the enforcement of sections 291-33 to 291-36, the powers of police officers are conferred upon the director of transportation and any motor carrier safety officer. Every police officer and motor carrier safety officer shall enforce comp…

[§291-4.6] Driving after license suspended or denied for noncompliance with an order of support; penalties. (a) No person whose driver's license has been suspended, denied, or otherwise restricted pursuant to section 576D-13 shall operate a motor vehicle upon the public streets, …

PART III. PARKING FOR DISABLED PERSONS §291-51 Definitions. As used in this part, the following terms have the following meanings: "Access aisle" means the area that is adjacent to a parking space reserved for a person with a disability and that is to be used exclusively by that …

§291-51.3 Reimbursement to counties; agreement with counties to provide permits. The State shall reimburse the counties for the unit cost of providing a removable windshield placard or a temporary removable windshield placard on behalf of the State. The reimbursement rate paid to…

§291-51.4 Fraudulent verification of an applicant as a person with a disability; penalty. A physician, physician assistant, or advanced practice registered nurse who fraudulently verifies that an applicant is a person with a disability to enable the person to represent to the iss…

§291-51.5 Special license plates. Upon application by a person with a disability, the issuing agency shall issue special license plates for the vehicle registered in the applicant's name if the vehicle is primarily used to transport that person. The fee for the issuance of specia…

§291-51.6 Issuance of temporary removable windshield placards. The issuing agency shall issue one temporary removable windshield placard to each applicant who requests and presents a certificate of disability that verifies the duration of the applicant's disability in monthly inc…

§291-51.7 Reciprocity. The State, counties, and private property owners shall recognize disability parking permits that have been issued by authorities of other states and countries, for the purpose of identifying persons permitted to:

§291-52 Issuance of removable windshield placard. The issuing agency shall issue one removable windshield placard to each applicant who presents a certificate of disability that verifies that the applicant's disability is expected to last for at least six years. The removable win…

[§291-52.2] Issuance of a disabled paid parking exemption permit. The issuing agency shall issue one disabled paid parking exemption permit to each applicant who presents a certificate of disability that verifies that the applicant is licensed to drive a motor vehicle and that th…

§291-52.5 Issuance of identification card. The issuing agency shall issue one identification card at the same time it issues a disability parking permit to a person with a disability. [L 2001, c 297, pt of §1; am L 2003, c 30, §5; am L 2010, c 141, §6; am L 2019, c 87, §6]