Title 15, Transportation And Utilities

§263-9 Dangerous flying a misdemeanor; penalty. Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within the State, engages in trick or acrobatic flying, or in any acrobatic feat, or flies, except while in landing or taking of…

§263A-1 Implied consent of operator of aircraft to submit to testing to determine alcoholic content of blood. (a) Any person who operates an aircraft within the State shall be deemed to have given consent to a test approved by the director of health of the person's breath or bloo…

§263A-10 Evidence of intoxication. (a) In any criminal prosecution for a violation of section 263-11, four-hundredths per cent or more by weight of alcohol in the defendant's blood within four hours after the time of the alleged violation as shown by chemical analysis of the defe…

§263A-2 Persons qualified to take blood specimen. No person, other than a physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13, may withdraw blood for the purpose of determining the alcoholic content therein. This limitation sha…

§263A-3 Additional tests. The person tested may select and allow any physician, registered nurse, or person licensed in a clinical laboratory occupation under section 321-13 to withdraw blood or have any person administer a test or tests in addition to any administered at the dir…

§263A-4 Consent of person incapable of refusal not withdrawn. The consent of a person deemed to have given consent pursuant to section 263A-1 shall not be withdrawn by reason of the person's being dead, unconscious, or in any other state which renders the person incapable of cons…

§263A-5 Revocation of privilege to operate an aircraft upon refusal to submit to testing. (a) If a person under arrest refuses to submit to a breath or blood test, none shall be given except as provided in section 263A-9, but the law enforcement officer, as soon as practicable, s…

§263A-6 Hearing before a district judge. A hearing to determine the truth of an affidavit submitted to a district judge shall be held within twenty days after the district judge has received the affidavit. The district judge shall hear and determine:

§263A-7 Notice to Federal Aviation Administration. When it is determined under this chapter that a nonresident's privilege to operate an aircraft from a state or private airport shall be prohibited, the director of transportation shall so inform the administrator of the Federal A…

§263A-8 Test results to be collected. The results of any test for alcohol content made upon the operator of an aircraft involved in an accident shall be sent to the state director of transportation who shall compile the data without revealing the identity of any individual tested…

§263A-9 Applicable scope of chapter. Nothing in this chapter shall be construed to prevent a law enforcement officer from obtaining a sample of breath or blood as evidence of intoxication from the operator of any aircraft involved in an accident resulting in injury to or death of…

PART I. HIGHWAYS, GENERALLY §264-1 Public highways and trails. (a) All highways, roads, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway-related interests in the State, opened, laid out, subdivided, consolidated, and acquired and built by the g…

[§264-1.5] Emergency powers; traffic emergency zones. (a) Notwithstanding any law to the contrary, if the governor or state director of transportation, in the case of a state highway, or the mayor of a county or the county director of transportation, in the case of a county highw…

§264-10 Deposit of fees, etc.; inspectors. Fees collected pursuant to section 264-7 shall be deposited in the state highway fund. The department of transportation shall employ one or more persons who shall inspect the work of the permit holder and require that it be done in accor…

PART VII. CONTROL OF VENDING §264-101 Vending from highways prohibited. (a) No person shall park or place a vehicle or structure wholly or partly on any highway for the purpose of selling the vehicle or structure or of selling therefrom or therein any article, service, or thing, …

§264-102 Penalty. Any person who violates section 264-101 is guilty of a petty misdemeanor and shall be fined not more than $1,000 or imprisoned not more than thirty days, or both. [L 1980, c 44, pt of §1; am L 2000, c 23, §2]

§264-11 Performance bond. The director of transportation may require that before the issuance of a permit the applicant give a cash bond, surety company bond, or personal surety bond in favor of the State, and for an amount equal to the estimated cost of backfilling, restoring, o…

§264-12 Penalty for violations. Any person, including any public officer or employee who violates section 264-6, shall be fined not more than $250 or imprisoned not more than three months, or both. [L 1967, c 163, pt of §2; HRS §264-12]

[PART VIII.] IMPACT FEES §264-121 Definitions. As used in this part, unless the context requires otherwise: "Capital costs" means part or all of the cost for capital improvements. Capital costs may include costs to acquire right-of-way, plan, design, engineer, finance, and constr…

§264-122 Highway development special fund. (a) There is established in the state treasury the highway development special fund to be administered by the department, into which shall be deposited: (b) Moneys in the highway development special fund shall be used for the following p…

[§264-123] Authority to assess impact fees; needs assessment study. (a) A county may assess, impose, levy, collect, and transfer to the department impact fees for any development pursuant to ordinances adopted under section 46‑142 and this part, and the department is authorized t…

[§264-124 Impact fees; director's consent.] Notwithstanding section 264-123, no county shall assess impact fees for state highway improvements without the director’s consent. [L 2004, c 155, pt of §2]

[§264-125] Refund of impact fees to county. Upon the request of a county, the department shall refund impact fees transferred to the highway development special fund which have not been expended or encumbered for purposes established under this part within six years after collect…

[§264-126] Adoption of rules. The department may adopt rules pursuant to chapter 91 to implement this part. [L 2004, c 155, pt of §2]

[§264-127] Limitations on actions. A civil lawsuit contesting an action by the department or a county under this part or under part VIII of chapter 46 shall be filed within sixty calendar days after the date of the action. [L 2004, c 155, pt of §2]

§264-13 Easements, etc., along state highways. Notwithstanding any law to the contrary, the governor or the director of transportation as the governor's designee, may dispose of easements within and access rights along the state highway rights-of-way under such terms and conditio…

[PART IX.] SIDEWALK PROJECT PRIORITY LISTS [§264-131] Sidewalk project priority lists. (a) The department of transportation shall maintain a priority list of statewide sidewalk installation and pedestrian improvement projects, including potential alternatives to sidewalks that ma…

[§264-14] Permit and paving requirements. Notwithstanding the existence of any right of vehicle access to or from a state highway in favor of an abutting owner, the department of transportation may prohibit vehicle access via any street, road or driveway to or from abutting prope…

[PART X.] GROUND TRANSPORTATION INFRASTRUCTURE [§264-141] Definitions. As used in this part, "department" means the department of transportation. [L 2021, c 131, pt of §2]

[§264-142] Ground transportation facilities. (a) The department shall develop and implement a plan for the establishment of the following: (b) Within each community the department shall coordinate with the applicable county to develop a comprehensive plan for the establishment of…

[§264-143] Ground transportation; project goals; reporting. (a) When planning, designing, and implementing ground transportation infrastructure for each project pursuant to this part, the department shall endeavor to: (b) For each project planned by the department, the department…

[§264-144] Highways; ground transportation; generally. The department shall provide for a safe, accessible, equitable, fully multimodal, and sustainable system of ground connections that ensures the accessibility of people and goods and improves economic vitality, public health, …

§264-15 Highway advance acquisition; source of funds. The director may, with the approval of the governor, expend moneys appropriated by the legislature as may be necessary for the acquisition of real property when the director determines: provided that the selected corridor and …

§264-16 State highway clearing accounts. The director of transportation may with the prior approval of the director of finance and comptroller establish the state highway payroll clearing account, employee benefits clearing account, construction administration clearing trust acco…

[§264-17] Public hearing. Any state or county agency which prepares proposed plans for a major public highway project shall provide an opportunity for a public hearing at the earliest practicable time before the proposed plans for the project are finalized and commitments have be…

§264-18 Use of highway fund for bikeways. (a) Out of the state highway fund amounts, whether state funds or federal funds, shall be expended as necessary by the State for the establishment of bikeways; provided that bikeways shall be established, whenever practicable, wherever a …

[§264-19.1] Microchip scanning of deceased animals on roadways. (a) The department of transportation shall: (b) The department of transportation may coordinate with the counties to share microchip scanner resources or protocols as needed. [L 2025, c 81, §3]

§264-2 Owned by government. The ownership of all public highways and the land, real estate and property of the same shall be in the government in fee simple. The term "government" as used herein means the State with reference to state highways and means the respective counties wi…

[§264-2.1] County highways; ownership. (a) As used in this section: "Disputed road" means any highway, road, alley, street, way, lane, bikeway, bridge, or trail that is open to the public and is located in any county with a population of five hundred thousand or more, for which t…

[§264-2.5] Private streets; ownership. [Section effective July 1, 2027.] [Section repealed July 1, 2032. L 2025, c 88, §3.] (a) Notwithstanding any provision of law to the contrary, in any county with a population of less than 250,000, fee simple absolute title of a privately own…

§264-20 Flexibility in highway design; liability of State, counties, and public utilities. (a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except …

[§264-20.5] Complete streets. (a) The department of transportation and the county transportation departments shall adopt a complete streets policy that seeks to reasonably accommodate convenient access and mobility for all users of the public highways within their respective juri…

[§264-20.7] Clean ground transportation goal. The department of transportation, in collaboration with the Hawaii state energy office, shall develop strategies to transition all light-duty motor vehicles in the State's fleets to meet the clean ground transportation goal establishe…

PART II. FEDERAL-AID HIGHWAYS §264-21 Definitions. Whenever used in this part: "Administrator" means the official or officials administering the Federal Highway Act. "Federal-aid funds" means funds appropriated by the Congress of the United States under or for the purposes of the…

§264-22 State highway department. For the purpose of complying with the Federal Highway Act, the department of transportation is designated as the state highway department. [L 1929, c 53, pt of §1; RL 1935, §1711; RL 1945, §4962; RL 1955, §111-2; am L Sp 1959 2d, c 1, §26; HRS §2…

§264-23 Duties of director. The director of transportation shall: The director may designate in writing a qualified subordinate who may sign vouchers, make routine reports, and perform any other routine duties that the director may deem necessary to delegate. All acts of the subo…

§264-24 Powers of director. The director of transportation shall have any powers which may be necessary for the full and effective performance and discharge of the duties imposed upon the director by this part or which may be necessary fully and completely to carry out and effect…

§264-25 Signs and markings on federal-aid highways. On any federal-aid highway, the location, form, and character of informational, regulatory, and warning guideposts, direction boards, signs, curb, and pavement or other markings, and traffic signals, installed or placed by or un…

§264-26 Combination of federal and state funds. (a) Every agreement for the engineering or construction of federal-aid highways or for the acquisition of rights-of-way for these highways shall be made on behalf of the State by the director of transportation. Section 103D-309 shal…

§264-28 Federal-aid projects; mandatory on council. Whenever appropriations are made by the legislature for the construction or reconstruction of any highway or portion thereof, the director of transportation, in the absence of any provisions to the contrary in the act making the…