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chapter-291•Hawaii Revised Statutes, Chapter 291 — Traffic Violations
chapter-291Haw. Rev. Stat. ch. 291CodeJan 1, 1892
Division 1. Government — Title 17. Motor and Other Vehicles
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).
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, highway, bikeway, bridge, when any part thereof is open for use by the public, including any bicycle lane, bicycle path, bikeway, controlled-access highway, laned roadway, roadway, or street, as defined in section 291C-1, and any public highway, as defined in section 264-1.
"Scenic lookout" includes any area within or adjoining a public street, road, or highway which is intended for use by motorists as a stopping or parking area attendant to the enjoyment of the surrounding scenery or a view.
[L 1986, c 171, §2; am L 2002, c 16, §14]
L 1971, c 150, §3.
[Repealed]
[L 1971, c 150, §3]
(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 vehicle or moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.
(c) Any person violating this section shall be fined not more than $2,000 or imprisoned not more than thirty days, or both.
[L 1981, c 152, pt of §1; am L 1986, c 171, §3; am L 1987, c 33, §7; am L 1998, c 287, §3; am L 2000, c 62, §1]
(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 passenger in a motor vehicle or on a moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.
(c) Any person violating this section shall be guilty of a petty misdemeanor.
[L 1981, c 152, pt of §1; am L 1986, c 171, §4; am L 1987, c 33, §8; am L 2000, c 62, §2]
(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 other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed or fully removed, unless such container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers.
(b) No person shall consume any intoxicating liquor at any scenic lookout.
(c) Subsection (a) shall not apply to a recreational or other vehicle not having a separate trunk compartment.
(d) Any person violating this section shall be guilty of a violation.
[L 1981, c 152, pt of §1; am L 1986, c 171, §5; am L 1987, c 33, §9; am L 2000, c 62, §3]
Sections 291-3.2 and 291-3.3 shall not apply to a motor vehicle for hire which has been issued a certificate of public convenience or necessity, 1-7 passenger classification by the public utilities commission so long as the motor vehicle has a barrier between the driver and the passengers sufficient to prevent intoxicating liquor from being passed between them and only the passengers behind the barrier consume the intoxicating liquor.
[L 1985, c 89, §1]
L 2000, c 189, §§30 to 33.
(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, roads, or highways of this State while the person's license remains suspended or denied.
(b) Any person convicted of violating this section shall be sentenced as follows:
(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section:
(A) A term of imprisonment at least three consecutive days but not more than thirty days;
(B) A fine not less than $250 but not more than $1,000; and
(C) License suspension or denial shall continue until written authorization of compliance is issued by the child support enforcement agency, the office of child support hearings, or the family court; and
(2) For an offense which occurs within five years of a prior conviction under this section:
(A) Thirty days' imprisonment;
(B) A fine of $1,000; and
(C) License suspension or denial shall continue until written authorization of compliance pursuant to section 576D-13 [is] issued by the child support enforcement agency, the office of child support hearings, or the family court.
[L 1997, c 293, §1]
L 2000, c 189, §§34 to 36.
It shall be unlawful for any person driving, operating, or in charge of any motor car or truck used for the transportation of passengers, to carry or permit to be carried any baggage or freight on the motor car or truck in such manner that the same or any part thereof projects beyond the extreme width of the motor car or truck.
[L 1917, c 69, §1; RL 1925, §4406; RL 1935, §6296; RL 1945, §11709; RL 1955, §311-15; HRS §291-8]
No person shall carry on the running board of any motor car or truck used for the transportation of passengers any baggage, freight, or packages which project in any way beyond the running board, or which will cause the doors of the motor car or truck to be blocked so that the passengers therein have not free access to the same.
[L 1917, c 69, §2; RL 1925, §4407; RL 1935, §6297; RL 1945, §11710; RL 1955, §311-16; HRS §291-9]
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]
(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) A driver of a motorcycle or motor scooter shall be permitted to carry as a passenger or permit to ride thereon any person under the age of seven years; provided that the motorcycle or motor scooter:
(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6.
(c) A motorcycle or motor scooter driver who violates this section shall be fined not more than $200.
[L 1967, c 214, §20; HRS §291-11; am L 1968, c 48, §4; am L 1970, c 164, §3; am L 1994, c 120, §3]
(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:
(1) If the child is under two years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a rear-facing child passenger restraint system with harness that meets federal motor vehicle safety standards at the time of its manufacture;
(2) If the child is two years of age or older, but less than four years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a rear-facing or forward-facing child passenger restraint system with harness that meets federal motor vehicle safety standards at the time of its manufacture;
(3) If the child is four years of age or older but less than ten years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a child passenger restraint system with harness or booster seat that meets federal motor vehicle safety standards at the time of its manufacture; except as provided in paragraph (4); or
(4) If the child is seven years of age or older but less than ten years of age, the person operating the motor vehicle shall be exempt from restraining the child in a child passenger restraint system with harness or booster seat that meets federal motor vehicle safety standards at the time of manufacture if the child is correctly restrained by a lap and shoulder seat belt assembly; provided that the child is over four feet and nine inches in height.
(b) Operators of the following motor vehicles shall be exempt from the requirements of this section: emergency, commercial, and mass transit vehicles. Further exemptions from this section may be established by the department of transportation pursuant to rules adopted under chapter 91.
(c) Violation of this section shall be considered an offense as defined under section 701-107(5) and shall subject the violator to the following penalties:
(1) For a first conviction, the person shall:
(A) Be fined not more than $100;
(B) Be required by the court to attend a child passenger restraint system safety class approved by the judiciary's division of driver education; provided that:
(i) The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and
(ii) The class shall not exceed four hours;
(C) Pay a $50 driver education assessment as provided in section 286G-3;
(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and
(E) Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders;
(2) For a conviction of a second offense committed within three years of any other conviction under this section, the person shall:
(A) Be fined not less than $250 but not more than $500;
(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length approved by the judiciary's division of driver education if the person has not previously attended such a class;
(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class approved by the judiciary's division of driver education;
(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and
(E) Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders; and
(3) For a conviction of a third or subsequent offense committed within three years of any other conviction under this section, the person shall:
(A) Be fined not less than $500 but not more than $800;
(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length approved by the judiciary's division of driver education if the person has not previously attended such a class;
(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class approved by the judiciary's division of driver education;
(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and
(E) Pay up to a $10 surcharge to be deposited into the trauma system special fund if the court so orders.
(d) As used in this section:
"Commercial vehicle" means any motor vehicle that is being used for the transportation of persons for hire, compensation, or profit.
"Emergency vehicle", "mass transit vehicle", "restrained", and "seat belt assembly" shall have the same meaning as provided in section 291-11.6.
[L 1983, c 282, §1; am L 1989, c 30, §1; am L 1998, c 81, §3; am L 1999, c 18, §4 and c 56, §2; am L 2002, c 160, §5; am L 2005, c 74, §1; am L 2006, c 175, §2; am L 2008, c 231, §4; am L 2011, c 43, §7; am L 2020, c 70, §38; am L 2022, c 122, §1]
(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 are restrained by a seat belt assembly or are restrained pursuant to section 291-11.5 if they are under ten years of age.
(b) The passengers of the following motor vehicles shall be exempt from the requirements of this section: emergency and mass transit vehicles. Further exemptions from this section may be established by rules adopted by the department of transportation pursuant to chapter 91.
(c) No person shall be guilty of violating this section if:
(1) The person is in a motor vehicle that is not required to be equipped with a seat belt assembly under any federal motor vehicle safety standard unless the vehicle is in fact equipped with a seat belt assembly;
(2) The person not restrained by a seat belt assembly is in a vehicle in which the number of persons exceeds the number of seat belt assemblies available in the vehicle or the number of seat belt assemblies originally installed in the vehicle, whichever is greater; provided that all available seat belt assemblies are being used to restrain passengers;
(3) The person not restrained by a seat belt assembly has a condition that prevents appropriate restraint by the seat belt assembly; provided that the condition is duly certified by a physician, a physician assistant, or an advanced practice registered nurse who shall state the nature of the condition and the reason the restraint is inappropriate;
(4) The person not restrained by a seat belt assembly is operating a taxicab or other motor vehicle used in performing a bona fide metered taxicab service that is regulated under chapter 269 or by county ordinance and is carrying passengers in the vehicle in the course of performing taxicab services; or
(5) Otherwise exempted by rules adopted by the department of transportation pursuant to chapter 91.
(d) This section shall not be deemed to change existing laws, rules, or procedures pertaining to a trial of a civil action for damages for personal injuries or death sustained in a motor vehicle accident.
(e) A person who fails to comply with the requirements of this section:
(1) Shall be subject to:
(A) A fine of $45 for each violation; and
(B) A surcharge of $10 that shall be deposited into the neurotrauma special fund; and
(2) May be subject to a surcharge of up to $10 that shall be deposited into the trauma system special fund.
(f) As used in this section:
"Emergency vehicle" means an ambulance, a firefighting or rescue vehicle, or a police vehicle while on duty.
"Mass transit vehicle" means a bus, including a school bus (but excluding a charter or sightseeing service bus) with a gross vehicle weight rating that is over 10,000 pounds, whether publicly or privately owned, that provides service to the general public or provides special service on a regular or continuing basis.
"Restrained" means that the seat belt assembly is worn as it was designed and intended to be worn.
"Seat belt assembly" means the seat belt assembly that is required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless original replacement seat belt assemblies are not readily available. If replacement assemblies are not readily available, seat belts of federally approved materials with similar protective characteristics may be used. Replacement seat belt assemblies shall be permanently marked by the belt manufacturer indicating compliance with all applicable federal standards.
[L 1985, c 235, §1; am L 1986, c 40, §1 and c 238, §1; am L 1987, c 266, §1; am L 1988, c 223, §1; am L 1997, c 60, §5; am L 2000, c 294, §1; am L 2002, c 160, §6; am L 2006, c 175, §3; am L 2008, c 231, §5; am L 2009, c 151, §5; am L 2013, c 73, §1; am L 2014, c 45, §4; am L 2020, c 70, §39; am L 2022, c 122, §2]
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 subject to a surcharge of up to $100, which shall be deposited into the trauma system special fund.
[L 1971, c 150, §2; am L 1977, c 180, §1; am L 1998, c 287, §4; am L 2008, c 231, §6; am L 2016, c 231, §58]
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 part and except as to those provisions of this chapter which by their nature can have no application.
[L 1981, c 24, §1]
(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 the bed or load-carrying area of the vehicle unless:
(1) There is no seating available in the cab of the vehicle;
(2) The side racks of the vehicle are securely attached and the tailboard or tailgate is securely closed;
(3) Every passenger in the bed or load-carrying area of the vehicle is seated on the floor and does not attempt to control unlashed cargo.
(b) This section shall not apply to persons or corporations operating a business or businesses that serve the public, who or which are subject to the jurisdiction, supervision, and regulations prescribed by state agencies or departments nor to their agents or employees when engaged in the business of such persons or corporations.
(c) No operator of any pickup truck may operate the vehicle with any passenger twelve years of age or under in the bed or load-carrying area of the vehicle, unless one of the following applies:
(1) An emergency exists that threatens the life of the passenger being transported in the bed or load-carrying area of the vehicle; or
(2) The vehicle is being operated in parades, caravans, or exhibitions which are officially authorized or otherwise permitted by law.
(d) Any person who violates this section shall be subject to a fine of $25 for each violation; provided that any person who violates subsection (c) shall be subject to a fine of $50 for each separate violation.
(e) As used in this section, "pickup truck" means a light truck that has a cab on the front part of the vehicle covering the driver's seat and an open bed behind the cab designed primarily to transport property or cargo, with sides and a tailgate to retain the contents within the confines of the bed, and has a maximum gross vehicle weight rating (GVWR) of 11,000 pounds or less.
[L 1989, c 167, §1; am L 1990, c 122, §1; am L 1997, c 60, §6 and c 105, §1]
(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:
(1) The maximum of which may be $10 if the violator is not already required to pay a trauma system surcharge pursuant to the violation of the offense; and
(2) The maximum of which may be $100 if the violation is an offense under section 291-12.
(b) The surcharge shall not be ordered when the court determines that the defendant is unable to pay the surcharge.
(c) The person shall pay the surcharge to the clerk of the court. The surcharge shall be deposited with the state director of finance who shall transmit the surcharge to the trauma system special fund pursuant to section 321-22.5.
[L 2008, c 231, §1]
(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 surcharge to the clerk of the court. The surcharge shall be deposited with the director of finance who shall credit the surcharge to the safe routes to school program special fund established under section 291C‑4.
[L 2012, c 317, §1]
(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 operating a commercial motor vehicle, as defined under section 286-2.
(b) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this section.
(c) The following persons shall be exempt from the provisions of subsection (a):
(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;
(2) Drivers using two-way radios while in the performance and scope of their work-related duties and who are operating motor carrier vehicles as defined in section 286-201; and
(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.
(d) Any person who is convicted of violating subsection (a) shall be fined not more than $2,750 in addition to the driving disqualification of section 286-240(e).
(e) As used in this section:
"Emergency responders" means any firefighters, emergency medical technicians, mobile intensive care technicians, emergency management workers, police officers, and federal and state law enforcement officers.
"Mobile electronic device" means any handheld or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing wireless or data communications, or both, between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, or any device to input, write, send, receive, or read text, but does not include any equipment installed in a commercial motor vehicle for the purpose of providing audio, navigation, or emergency assistance to the operator of the commercial motor vehicle or video entertainment to the passengers in the rear seats of the commercial motor vehicle. A "two-way radio" or Private Land Mobile Radio System as defined by title 47 of the Code of Federal Regulations, part 90, when used for business purposes, shall not be considered to be a "mobile electronic device".
"Operate a commercial motor vehicle" means to drive or assume actual physical control of a commercial motor vehicle upon a public way, street, road, or highway in the State.
"Texting" means the same as defined under [section] 286-231.
"Use or using a mobile electronic device" means holding a mobile electronic device while operating a commercial motor vehicle.
[L 2012, c 311, §1; am L 2014, c 111, §28]
(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 adjusted to bypass pollution controls, or the vehicle is equipped with defeat devices, including electronic programmers or tuners to adjust fuel and timing settings while also turning off certain emission controls that are designed to inhibit the release of visible exhaust.
(b) This section shall not apply to:
(1) Drag racing events that are organized by government or private entities and either sanctioned by an official hot rod association or held on a track sanctioned by an official hot rod association;
(2) Military events;
(3) Community events; and
(4) Parade events.
(c) Any person who violates this section shall be fined no less than $500.
[L 2023, c 223, §1]
[Repealed]
[L 1971, c 150, §3]
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 any glass, plastic, or like material, manufactured for use in or on a vehicle, including but not limited to windshields, window openings, or interior partitions.
"Light transmittance" means the ratio of the amount of total visible light, expressed in percentages, which is allowed to pass through the product or material, including the glazing material, to the amount of total visible light falling on the product or material and the glazing material.
"Sun screening devices" means products or materials used or designed to be used in conjunction with glazing materials for the purpose of reducing the effects of the sun, including, but not limited to tinting films and perforated sun screening materials, but excluding louvered materials.
[L 1983, c 294, pt of §2; am L 1986, c 188, §1; am L 1994, c 30, §1]
(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:
(1) Does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of its manufacture; or
(2) Is used in conjunction with sun screening devices not exempted from this section by subsection (e).
(b) No person shall install, mount, adhere, affix, or use any sun screening device or combination of devices in conjunction with the glazing material of a motor vehicle:
(1) That does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of the glazing material's manufacture except as provided in this section; and
(2) With mirrored or high reflective finishes that produce a red, yellow, amber, or blue appearances as viewed from the exterior of the motor vehicle.
Any person who violates this section shall be liable for the removal of any sun screening device applied contrary to this section.
(c) A safety inspection required under section 286-26 shall include a test to ensure that the glazing material and any sun screening devices meet the requirements specified in this section.
(d) Notwithstanding subsection (e), all drivers and passengers of motor vehicles with applied tint shall fully roll down their windows when stopped by a law enforcement officer at a traffic stop. This subsection shall not apply to individuals unable to do so due to physical disability or mechanical failure; provided that the driver communicates or cooperates through other means reasonably available. A driver's or passenger's failure to comply with this subsection may be cited as a noncriminal traffic infraction.
(e) This section shall not apply to:
(1) Rearview mirrors;
(2) Adjustable nontransparent sun visors that are mounted forward of the side windows and are not attached to the glazing material;
(3) Signs, stickers, or other materials that are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other materials that are displayed in a five-inch square in the lower corner of the windshield nearest the driver;
(4) Rear trunk lid handle or hinges;
(5) Window wipers and window wiper motors;
(6) Transparent sun screening film materials that are installed, affixed, or applied along the top edge of the windshield so long as the materials do not encroach upon the AS-1 portion of the windshield as provided by Federal Motor Vehicle Safety Standard 205 or no lower than four inches below the top of the windshield, when measured from the middle point of the bottom edge of the top windshield moulding if no AS-1 markings can be found in the left or right upper margin of the windshield;
(7) Sun screening devices for front side wing vents and windows that, when used in conjunction with the glazing material, have a light transmittance of no less than thirty-five per cent plus or minus six per cent;
(8) Sun screening devices for front side windows and wing windows necessary for driving visibility that are adjacent to the driver and necessary for driving that, when used in conjunction with the glazing material, have a light transmittance of no less than thirty-five per cent plus or minus six per cent;
(9) Rear windows, including the rear windshield on sedans, vans, minivans, trucks, buses, or other motor vehicles; and side windows to the rear of the driver on sedans, vans, minivans, trucks, or buses; provided that the vehicles are equipped with rearview mirrors on both sides;
(10) Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes; or
(11) Transparent sun screening materials, when applied to the AS-1 portion of the windshield, that meet the requirements of Federal Motor Vehicle Safety Standard 205.
(f) Any person who violates this section shall be fined:
(1) No less than $300 and no more than $550 for each separate offense if the person is the owner of the motor vehicle that is in violation; and
(2) No less than $700 and no more than $1,200 for each separate offense if the person or business entity is the installer of any sun screening device that does not meet the requirements of this section. The installer shall also reinstall sun protective devices that comply with this section, free of charge, or reimburse the motor vehicle owner for the cost of installing sun protective devices by another installer that comply with this section.
The receipt from the installer in the possession of the person in the motor vehicle at the time of the issuance of the citation shall be prima facie evidence of the identity of the installer. The installer shall issue a certificate to the vehicle owner at the time the sunscreen device is installed certifying that the device complies with law. Failure of an installer to issue the required certificate shall be considered a violation of this section. The certificate shall be stored in the motor vehicle at all times. The absence of the certificate in the vehicle at the time of citation shall constitute prima facie evidence of installer noncompliance.
(g) The department of transportation may adopt rules pursuant to chapter 91 to establish standard criteria or visual references for the enforcement of tint color and reflectivity prohibitions.
[L 1983, c 294, pt of §2; am L 1986, c 188, §2; am L 1989, c 54, §1; am L 2004, c 227, §1; am L 2010, c 103, §1; am L 2025, c 129, §2]
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 audibility of the explosions within the motor thereof.
[L 1941, c 140, §2; RL 1945, §11718; RL 1955, §311-24; HRS §291-22; am L 1979, c 105, §28]
(a) Violation of any of the provisions of section 291-22 shall subject the violator to the following penalties:
(1) For a first violation, the person shall be fined not more than $100;
(2) For a second violation committed within five years of any other violation under section 291-22, the person shall be fined not more than $300; and
(3) For a violation of a third or subsequent offense committed within five years of any other violation under section 291-22, the person shall be fined not more than $900.
[L 1941, c 140, §4; RL 1945, §11720; RL 1955, §311-26; HRS §291-23; am L 1978, c 222, §6; am L 2024, c 171, §3]
(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 system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that:
(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
shall not be required to be equipped with a muffler.
(b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise.
(c) Whoever violates this section shall be fined not more than $150.
[L 1949, c 21, §1; RL 1955, §311-27; HRS §291-24; am L 1978, c 222, §7; am L 1986, c 189, §1; am L 1994, c 120, §4; am L 2025, c 172, §3]
(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 emitted by the vehicle as equipped from the factory.
(b) Except as provided in section 291-24.4, any violation of this section shall be enforceable by police officers. Violation of this section shall subject the violator to the following penalties:
(1) For a first violation, or any violation not preceded within a three-year period for a violation under this section, the person shall be fined not more than $150;
(2) For a second violation committed within three years of any other violation under this section, the person shall be fined not more than $350; and
(3) For a violation of a third or subsequent offense committed within three years of any other violation under this section, the person shall be fined not more than $950.
Any person who violates the provisions of this section may be issued a summons or citation for the violation.
[L 1977, c 79, §1; am L 2024, c 171, §4; am L 2025, c 172, §4]
(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 activated.
(b) If a motor vehicle alarm system installed in a motor vehicle is activated and emits a sound for more than five continuous minutes, the registered owner of the motor vehicle shall be fined not more than $100; provided that after the third violation within a five-year period, the fine shall be:
(1) $250 for the fourth violation;
(2) $375 for the fifth violation; and
(3) $500 for a sixth or subsequent violation.
(c) An offense under this section shall be a violation for which a police officer shall issue a summons or citation to the registered owner of the vehicle.
[L 1984, c 104, §1; am L 2004, c 102, §1; am L 2005, c 74, §2]
(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.
(b) Any violation of this section shall constitute a violation and shall be enforceable by law enforcement officers. Any person who violates the provisions of this section may be issued a summons or citation for the violation. Violation of any of the provisions of this section shall subject the violator to the following penalties:
(1) For a first violation, the person shall be fined not more than $200;
(2) For a second violation committed within five years of any other violation under this section, the person shall be fined not more than $500; and
(3) For a violation of a third or subsequent offense committed within five years of any other violation under this section, the person shall be fined not more than $1,500.
(c) As used in this section, "high density population area" means a county having a population of five hundred thousand or more.
[L 2024, c 171, §2]
(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 shall display white lights of equal candle power. The head lamps shall be securely mounted, not less than twenty-two inches nor more than fifty-four inches above the road surface when measured to the head lamp center, on a rigid part of the vehicle designed specifically for head lamp installation by the manufacturer, and so arranged, adjusted, and constructed that, when the motor vehicle is fully loaded, any pair of headlights under the conditions of use shall produce a light sufficient to reveal any person, vehicle, or substantial object on the highway straight ahead of the motor vehicle for a distance of two hundred feet.
The light when measured at a distance of one hundred feet directly in front of the motor vehicle, and at a height of sixty inches above the level surface on which the motor vehicle stands, shall not exceed two thousand four hundred apparent candle power, nor shall this candle power be exceeded at a greater height than sixty inches.
When measured at a distance of one hundred feet ahead of the motor vehicle and seven feet or more to the left of the axis of the same, and at a height of sixty inches above the level surface on which the motor vehicle stands, the light shall not exceed eight hundred apparent candle power.
(b) During the time specified in subsection (a), every motorcycle, motor scooter, or motorized bicycle while moving on a public highway shall carry, at the front thereof, at least one lighted headlight which shall give a light of such power and so distributed as provided in subsection (a); provided that any motorcycle, motor scooter, or motorized bicycle with a side car or similar contrivance attached shall, in addition to the foregoing required light, carry on the side car or similar contrivance a lighted lamp visible from a point at least two hundred feet ahead of the vehicle. Any headlight required by this subsection shall display white light and shall be securely mounted, not less than twenty-four inches nor more than fifty-four inches above the road surface when measured to the headlight's center on a rigid part of the vehicle designed specifically for installation of a light by the manufacturer.
[RL 1945, pt of §11707; am L 1953, c 260, §1; RL 1955, §311-7; HRS §291-25; am L 1985, c 105, §2; am L 2007, c 7, §2]
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 vehicle is registered.
The cost of testing any device shall be borne by the person submitting the same; provided that this cost shall not exceed the sum of $50.
No person shall drive, operate, or propel a motor vehicle without an approved device or adjustment upon its headlights unless the headlights have been tested and approved by the chief of police or the chief of police's authorized subordinate of the county wherein the vehicle is registered. The cost of testing shall be borne by the person offering the same for test as provided in this section.
[RL 1945, pt of §11707; RL 1955, §311-8; HRS §291-26; gen ch 1985]
[Repealed]
[L 1974, c 133, §7]
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 the times and under the conditions hereinbefore specified, in addition to the ordinary rear or tail light hereinbefore required to be displayed on the vehicle, a red light plainly visible under ordinary atmospheric conditions at least two hundred feet from the rear; provided that at other times while the vehicle is upon the public highway, a red flag or cloth not less than sixteen inches square shall be displayed at the extreme rear of the load.
[RL 1945, pt of §11707; RL 1955, §311-10; HRS §291-28]
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 visible in every direction at least two hundred feet.
[RL 1945, pt of §11707; RL 1955, §311-11; HRS §291-29; am L 1979, c 105, §29]
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 approaching vehicle.
[RL 1945, pt of §11707; RL 1955, §311-12; HRS §291-30]
(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 the rear thereof at least two tail lights, spaced as far apart as practicable, which shall display red lights visible not less than two hundred feet from the rear thereof; provided that vehicles manufactured prior to 1968 originally equipped with a single tail light assembly need only display a single tail light; and where a registration number plate is required by law to be carried on the rear thereof, the same shall be illuminated by a white light in such manner that the registration number thereon can be plainly distinguished at a distance of not less than fifty feet from the rear thereof.
(b) From thirty minutes after sunset to thirty minutes before sunrise, at any time while a motorcycle or motor scooter is operated on any public highway, there shall be displayed at the rear thereof, a tail light which shall display a red light visible not less than two hundred feet from the rear thereof; and if a registration number plate is required by law to be carried on the rear of the motorcycle or motor scooter, the same shall be illuminated by a white light in such manner that the registration number thereon can be plainly distinguished at a distance of not less than fifty feet from the rear thereof.
[RL 1945, pt of §11707; RL 1955, §311-13; HRS §291-31; am L 1984, c 125, §1]
(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 the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, electric foot scooter, or moped, except for:
(1) County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated;
(2) Department of law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of law enforcement; or
(3) Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources.
This prohibition shall not apply to factory-installed instrument illumination.
(b) Any violation of this section shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both.
[L 1985, c 182, §1; am L 1991, c 210, §1; am L 2007, c 109, §1; am L 2016, c 99, §1; am L 2021, c 174, §5; am L 2022, c 278, §45]
(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 section, or of sections 291-25 to 291-31, shall be fined not more than $10. Each violation shall be deemed a separate offense, and a subsequent violation of the same provision within a one-year period shall be subject to twice the fine imposed upon the prior conviction therefor.
[L 1892, c 28, §§1, 2; am L 1903, c 8, §2; am L 1909, c 27, §1; RL 1925, §4400; am L 1929, c 143, §2; RL 1935, §6290; RL 1945, §11708; RL 1955, §311-14; HRS §291-32; am L 2005, c 74, §3]
(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, clamps, cleats, lugs, chains, spikes or other projections, other than rubber blocks, destructive to the road surfaces. This provision applies to all rings or flanges upon guiding or steering wheels of such vehicles but shall not be construed to prevent the use of:
(1) Ordinary detachable tire or skid chains; or
(2) Studded snow tires on either the Mauna Kea access road above Hale Pohaku or on any other road within the Mauna Kea Science Reserve leased to the University of Hawaii.
(b) This section shall not apply to traction engines, tractors, or other vehicles of the tracklaying type when the portions of the movable tracks in contact with the roadway surface present plane surfaces of sufficient area to prevent damage thereto.
[L 1941, c 216, pt of §1; RL 1945, §11712; RL 1955, §311-18; HRS §291-33; am L 1991, c 59, §1; am L 2020, c 70, §40]
(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 provided.
(b) Height. No motor vehicle or other power vehicle having an overall height greater than fourteen feet, including load, shall be operated or moved upon any public road, street, or highway within the State except as hereinafter provided; and provided further that no motor vehicle or other power vehicle shall be operated under or through any bridge or other highway structure if the height of the motor vehicle or other power vehicle exceeds the posted height for the bridge or other highway structure.
(c) Length:
(1) No single motor vehicle or other power vehicle having a total overall length greater than forty-five feet, including load, shall be operated or moved upon any public road, street, or highway within the State, except as provided in this subsection;
(2) No truck-tractor and semitrailer having a total overall length greater than sixty-five feet, including load, shall be operated or moved upon any public road, street, or highway, other than interstate highways and certain qualifying federal aid highways as designated by the director of transportation, within the State, except as provided in this subsection; provided that:
(A) For truck-tractors and semitrailers used for agricultural purposes and public utilities maintenance and service vehicles, the total combined length of the truck-tractor and semitrailer or public utility maintenance and service vehicle shall not exceed sixty-five feet in length;
(B) The length of the semitrailer shall not exceed forty-eight feet in length; and
(C) The length of an articulated bus for public transit purposes shall not exceed eighty-two feet in length, and shall not consist of more than three units;
(3) No combination of motor vehicles or other power vehicles coupled together shall consist of more than two units and no combination of vehicles having a total overall length greater than sixty-five feet, including load, shall be operated or moved upon any public road, street, or highway other than interstate highways and certain qualifying federal aid highways as designated by the director of transportation, within the State, except as provided in this subsection. A truck-tractor and semitrailer shall be regarded as a single unit when determining the number of units in a combination;
(4) No motor vehicle, self-propelled construction or farm equipment, trailer, or semitrailer shall be operated upon any public road, street, or highway within the State if it is carrying or otherwise has projecting to the front or rear, a load, boom, mast, or other projecting structure or attachment unless:
(A) With respect to self-propelled construction or farm equipment:
(i) The length of the equipment measured on a horizontal axis, including the projection, is not greater than forty-five feet;
(ii) The projection is either held securely in place or is controlled by the driver or an operator;
(iii) The projection does not obstruct the driver's vision;
(iv) The projection does not impair the driver's ability to control the equipment;
(v) The projection beyond the front tires is at least seven feet above the roadway surface; and
(vi) The projection does not extend more than four feet past the extremity of the piece of equipment, or if it extends more than four feet, an escort vehicle is provided by the owner or operator either to the front or to the rear of the projection to call attention to the projection; or
(B) With respect to a motor vehicle, or a motor vehicle with attached trailer or semitrailer:
(i) The overall length of a motor vehicle including the projection, is not greater than forty-five feet or the overall length of the motor vehicle with attached trailer or semitrailer, including the projection, is not greater than sixty feet except that this limitation on a motor vehicle with attached trailer or semitrailer, including the projection, shall not be applicable on interstate highways and certain qualifying federal aid highways, as designated by the director of transportation;
(ii) The projection is either held securely in place or is controlled by the driver or an operator;
(iii) The projection does not obstruct the driver's vision;
(iv) The projection does not impair the driver's ability to control the equipment;
(v) The projection beyond the front tires is at least seven feet above the roadway surface; and
(vi) The projection does not extend more than four feet past the extremity of the trailer or semitrailer, or, if it extends more than four feet, an escort vehicle is provided by the owner or operator either to the front or to the rear of the projection to call attention to the projection;
(5) The limitations in this subsection upon length shall not apply to vehicles transporting pipe, poles, timbers, reinforcing steel, structural steel, or other objects of a structural nature that cannot be readily dismembered; provided that when transported by night every vehicle shall be equipped with a sufficient number of clearance lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.
[L 1941, c 216, pt of §1; RL 1945, §11713; RL 1955, §311-19; HRS §291-34; am L 1969, c 37, §1; am L 1971, c 133, §1; am L 1978, c 32, §1; am L 1980, c 76, §1; am L 1981, c 61, §1; am L 1983, c 188, §1; am L 1991, c 26, §1; am L 1994, c 28, §1; am L 1995, c 115, §1; am L 1999, c 184, §1; am L 2009, c 83, §1]
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 vehicles has a total gross weight (including vehicle and load), an axle load, or a wheel load in excess of the limits set forth in this section; provided that the maximum gross weight, axle loads, and wheel loads allowed under this section shall be inapplicable when its application would adversely affect the receipt of federal funds for highway purposes; provided further that no vehicle or combination of vehicles shall be operated on or moved over any bridge or other highway structure if the total gross weight, including vehicle and load, exceeds the posted maximum gross load limitation for the bridge or other highway structure.
(1) The total gross weight, in pounds, imposed on any public road, street, or highway within the State by any group of two or more consecutive axles, on a vehicle or combination of vehicles shall not exceed the following when the distance between the first and last axles of the group under consideration is:
(A) Forty inches or less, the weight imposed shall not exceed twenty thousand pounds; and
(B) More than forty inches but no more than ninety-six inches, the weight imposed shall not exceed thirty-four thousand pounds. This grouping of two consecutive axles shall be known as tandem axle.
(2) The total gross weight, in pounds, imposed on any public road, street, or highway within the State by any group of two or more consecutive axles, on a vehicle or combination of vehicles shall not exceed that resulting from application of the formula:
W = 500 (LN/(N-1) + 12N + 36)
when the distance between the first and last axles of the group under consideration is over ninety-six inches and where
W = maximum weight in pounds carried on any group of two or more axles computed to the nearest five hundred pounds,
L = Distance in feet between the extremes of any group of two or more consecutive axles, to the nearest foot, and
N = Number of axles in the group under consideration;
provided that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each providing the overall distance between the first and last axles of the consecutive sets of tandem axles is thirty-six feet or more and provided also that the overall gross weight does not exceed eighty thousand pounds.
(3) No vehicle or combination of vehicles shall be used or operated on any public road, street, or highway within the State with:
(A) A load upon any single or tandem axle or combination of axles that exceeds the carrying capacity of the axles specified by the manufacturer; or
(B) A total weight in excess of its designed capacity as indicated by its designed gross vehicle weights or gross combination weights.
(4) The total gross weight imposed upon the public road, street, or highway by any single axle shall not exceed twenty thousand pounds. For the purpose of this section, axles placed in the same transverse plane and spaced forty inches or less apart shall be considered as one axle.
(5) The total gross weight imposed upon the public road, street, or highway by any one wheel, either single or dual mounting, shall not exceed ten thousand pounds.
(6) The director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets, may place and maintain signs to limit the gross weight of a vehicle or combination of vehicles traveling over a bridge or other highway structure in the interest of public safety when it is determined through engineering investigation and analysis that the theoretical load carrying capacity of the bridge or structure is less than the maximum gross vehicular weight allowed by this chapter. In determining the weight limits and in posting the weight limit signs, the director or the county engineer need not comply with rulemaking provisions of chapter 91; provided that if any person objects to the weight limits, the person may object to the rule as provided in chapter 91.
[L 1941, c 216, pt of §1; am L 1943, c 76, §1; RL 1945, §11714; am L 1949, c 94, §1; RL 1955, §311-20; am L 1957, c 251, §1; am L Sp 1959 2d, c 1, §26; am L 1967, c 48, §1; HRS §291-35; am L 1970, c 168, §1; am L 1971, c 75, §1; am L 1977, c 184, §1; am L 1980, c 281, §1; am L 1986, c 42, §1; am L 1989, c 311, §1; am L 1990, c 32, §1; am L 1993, c 82, §1; am L 2020, c 70, §41; am L 2023, c 26, §1]
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:
Gross Vehicle Weight Rating Front Rear
Passenger vehicles 22 inches 22 inches
4,500 lbs. and under 29 inches 29 inches
4,501 lbs. to 7,500 lbs. 33 inches 33 inches
7,501 lbs. to 10,000 lbs. 35 inches 35 inches
For any vehicle with bumpers or attaching components which have been modified or altered from the original manufacturer's design to conform with the maximum bumper height requirements of this section, the bumper height shall be measured from a level surface to the bottom of the bumper. The vehicle frame rail, measured from a level surface to the bottom of the vehicle frame rail, shall not exceed the attached bumper height. The maximum distance between vehicle body to vehicle frame rail shall not exceed three inches. The distance between the vehicle body to vehicle frame rail shall be measured from the vehicle body mount seat to the vehicle frame rail mount seat. "Bumper", for purposes of this section means a horizontal load bearing protective system installed on a motor vehicle which is constructed of sturdy materials that will not shatter or split upon moderate impact and provides adequate protection against damages to the front and rear external lighting and reflective devices, hood, trunk, doors, painted surfaces, cooling system, exhaust system, and other components during a low speed impact. Any vehicle that exceeds the Vehicle Equipment Safety Commission - Regulation 12 recommended bumper height, based on the gross vehicle weight rating, shall be equipped with an audible reverse warning system. The audible reverse warning system is not required on any open cab vehicle with a distance of less than four feet from the rear of the driver's seating position to the rear most part of the vehicle body.
[L 1984, c 291, §1; am L 1985, c 122, §1]
(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 of vehicles, self-propelled construction or farm equipment, marine terminal equipment as referenced in section 286-26(h)(3), or special mobile equipment of dimensions or weights, including loads or both, which exceed the limits set in sections 291-34 and 291-35.
(b) The director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets, may issue a permit authorizing the applicant to operate vehicles or combinations of vehicles which exceed the limits set forth in section 291-35 when carrying products from the place where they are harvested or stored to the place where they are processed or used.
(c) The application for any such permit shall specifically describe the vehicle or combination of vehicles, the self-propelled construction or farm equipment, the marine terminal equipment as referenced in section 286-26(h)(3), the load to be operated or moved, the particular highways over which the permit to operate is requested, and whether such permit is requested for a single trip or for continuous operation.
(d) The director of transportation or county engineer may if the director of transportation or county engineer determines that adequate precautions will be taken to protect persons and property issue the permit and may in the permit limit the number of trips, establish seasonal or other time limitations during which the permit is valid, prescribe conditions as to route, equipment, speed, escort vehicles, safety measures, or otherwise limit or prescribe conditions of operation under such permit to assure against injury to person and undue damage to the road foundations, surfaces, or structures. The issuing authority may also require such undertaking or other security as may be deemed necessary to protect the highways and bridges from damage, or to provide indemnity for any injury resulting from such operation. The permit shall be valid for the period specified or unless sooner revoked by the issuing authority.
(e) Every such permit shall be carried in the vehicle or combination of vehicles, self-propelled construction or farm equipment, or marine terminal equipment as referenced in section 286-26(h)(3), to which it refers and shall be open to inspection of any peace officer or traffic officer or employee charged with the care or protection of the highways; provided that in the case of annual permits, this requirement may be met where a copy of the permit is carried in the vehicle, and the original permit is readily available for inspection from the operator's offices in the county of issuance.
(f) The owner of any vehicle or combination of vehicles, self-propelled construction or farm equipment, or marine terminal equipment as referenced in section 286-26(h)(3) found operating in violation of the terms or conditions of any permit or over sections of the highway not covered by the permit shall be subject to the penalties provided in section 291-37.
(g) The restrictions of sections 291-34 and 291-35 shall not apply to the operation of motor vehicles on roads now under the control of the counties where a private individual or corporation actually maintains the county road or roads under an agreement in writing filed with the respective county or city council. The agreement shall also provide that the individual or corporation shall repair all damages caused to such roads by vehicles or other self-propelled equipment belonging to or under the control of the individual or corporation and upon failure of the individual or corporation to repair such road or roads as provided in such agreement, the county may repair such damages and charge the cost thereof to and collect the same from the individual or corporation.
(h) Nothing in this chapter shall prevent motor vehicles with a width of greater than nine feet, including load, from crossing any public road, street, or highway within the State.
(i) No provision herein shall be so construed as to prevent the passage of ordinances by any county which impose restrictions more severe in nature.
(j) A fee shall be charged for each permit issued by the director of transportation as follows:
(1) Single trip permit for loads less than 1.35 times the allowable load or less than 14 feet in width...... $ 5.
(2) Continuous trip permit for loads less than 1.35 times the allowable load or less than 14 feet in width...... $10.
(3) Overweight permit in excess of 1.35 times the allowable load............................................ $25.
(4) Oversize permit for width in excess of 14 feet.... $25.
Such fee shall be deposited in the State's account for special funds for highways.
(k) Notwithstanding any law to the contrary, no permit shall be required for any vehicle or combination of vehicles used in agricultural operations or activities which only crosses any public road, street, or highway within the State at locations approved by the director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets; provided that:
(1) The owners of vehicles transporting agricultural products and equipment shall construct and maintain structurally suitable pavement sections at each crossing;
(2) These owners shall provide for the cleaning and removal of all debris and mud generated by their operation;
(3) The maximum length of vehicles transporting agricultural products shall be limited to not more than eighty feet; and
(4) The maximum length of vehicles, including load, used in transporting agricultural equipment shall be limited to not more than one hundred feet.
[L 1941, c 216, pt of §1; am L Sp 1941, c 39, §1; RL 1945, §11715; am L 1949, c 94, §2; RL 1955, §311-21; am L 1957, c 251, §2; am L Sp 1959 2d, c 1, §26; HRS §291-36; am L 1971, c 75, §2 and c 133, §2; am L 1977, c 184, §2; am L 1978, c 192, §2; am L 1980, c 281, §2; gen ch 1985; am L 2017, c 115, §4]
(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 than $1,800, except as otherwise provided.
Any person who omits to perform any of the acts required by, or who commits any of the acts prohibited by, section 291-34, 291-35, or 291-36 shall be fined in accordance with the following:
(1) For excess weight of up to 100 pounds, the minimum fine for a violation shall be $250;
(2) For excess weight greater than 100 pounds, the fine for a violation shall be an additional $0.11 per pound. Example: A truck is cited for weighing 15,000 pounds in excess of the gross weight limit; the fine is $250 + (15,000-100)*$0.11 = $1,889; and
(3) The fines in paragraphs (1) and (2) shall be applied to each axle and wheel group violation in addition to a gross vehicle weight violation as applicable.
If the excess dimension is: The fine shall be:
Up to 5 feet $ 50
Over 5 feet and up to 10 feet 100
Over 10 feet and up to 15 feet 150
Over 15 feet 200
For the purposes of this section, "person" means the driver of the vehicle unless the driver is an employee in the scope and course of employment, in which case "person" means the employer of the driver. In the case of the transportation of a sealed container or transportation by flatrack, "person" means the individual or company the cargo is consigned to or the individual or company located in the State shipping the cargo.
The consignee or the shipper shall not be cited if the power units' drive axle group is overweight, and the weight is not more than that allowed for a tandem axle with any applicable tolerances.
All penalties imposed and collected for violations of sections 291-33 to 291-36 shall be paid into the state highway fund.
The department of transportation shall institute a system where the fine, based on the provisions in this subsection, may be mailed in when the citation or penalty is not to be contested. This system shall include an ability for the owner of the vehicle or combination of vehicles to request the operator be held harmless and the citation be transferred to that owner of the vehicle or combination of vehicles.
(b) When a vehicle or combination of vehicles including load is found to be in violation of any provision contained in sections 291-33 to 291-36, and the operator of such vehicle or combination of vehicles is a subordinate or employee, the courts shall take judicial notice of this relative subordinate position and, conditions warranting, hold the operator harmless and impose the applicable penalties against the owner of the vehicle or combination of vehicles. The owner of the vehicle or combination of vehicles shall mean persons or officers of firms or corporations, who owns the transporting vehicle or who operates the vehicle under a bona fide lease agreement.
[L 1941, c 216, pt of §1; RL 1945, §11716; RL 1955, §311-22; HRS §291-37; am L 1977, c 184, §3; am L 1980, c 281, §3; am L 1989, c 57, §1; am L 1992, c 43, §1 and c 179, §1; am L 1994, c 30, §2; am L 2005, c 66, §1; am L 2007, c 209, §1; am L 2023, c 241, §1]
[Repealed]
[L 1976, c 45, §3]
(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 compliance with sections 291-33 to 291-36, with the technical assistance of the department of transportation. In the enforcement of sections 291-34 to 291-36 such officers may require the driver of a vehicle to stop and submit to:
(1) The measurement of the dimensions of the vehicle and load;
(2) The examination of the certificate of weight; and
(3) The weighing of vehicles and load by means of either wheel load weighers, axle load scales, or vehicle scales, if the scales are within two miles of the place where the vehicle is stopped.
(b) The department of transportation is authorized to provide the necessary technical assistance to police officers and motor carrier safety officers to determine compliance or noncompliance with sections 291-34 to 291-36. Whenever the department of transportation determines that the size or weight of a vehicle does not comply with sections 291-34 to 291-36, the police officers or motor carrier safety officers may require the driver to move the vehicle to a suitable place and to remain there until the vehicle and load are brought into compliance with the limits prescribed by this chapter. If any of the load must be removed from the vehicle in order to comply with sections 291-34 to 291-36, the removal and all risks caused by or resulting from the removal shall be the responsibility of the owner or operator of the vehicle.
(c) Police officers and motor carrier safety officers shall issue citations to any person violating sections 291-33 to 291-36.
(d) The driver of any vehicle who fails or refuses to stop and submit the vehicle and load to measuring or weighing when directed by a police officer or motor carrier safety officer or who fails or refuses to otherwise comply with this section, shall be fined as provided in section 291-37.
[L 1977, c 184, §4; am L 1980, c 281, §4; am L 1983, c 188, §2; am L 1992, c 179, §2; am L 2023, c 240, §1]
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 person for the purpose of entering and exiting a vehicle.
"Certificate of disability" means a medical statement issued by a licensed practicing physician, physician assistant, or advanced practice registered nurse that verifies that a person is disabled, limited, or impaired in the ability to walk.
"Disability and communication access board" means the disability and communication access board established by chapter 348F.
"Disability parking permit" means a removable windshield placard, special license plate, temporary removable windshield placard, or disabled paid parking exemption permit.
"Disabled paid parking exemption permit" means a permit to be displayed on a dashboard or contained elsewhere on the vehicle, a code, or a two-sided, hanger style placard that indicates that the individual to whom the permit, code, or placard is issued pursuant to this part is licensed to drive a motor vehicle and not able to reach or operate a parking meter or unattended pay station because of a physical disability.
"International symbol of access" means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled.
"Invalid disability parking permit" means an expired or voided removable windshield placard, temporary removable windshield placard, special license plates, or disabled paid parking exemption permit.
"Issuing agency" means the disability and communication access board.
"Parking space reserved for persons with disabilities" means a public or private parking space, including the access aisle, designated for the use of a person with a disability that is designed and constructed in compliance with the requirements of the federal Americans with Disabilities Act of 1990, as
amended, and related rules and guidelines, and is marked with a sign designating the parking space as reserved for persons with disabilities.
"Person with a disability" means a person with a disability that limits or impairs the ability to walk, and who, as determined by a licensed practicing physician, physician assistant, or an advanced practice registered nurse:
(1) Cannot walk two hundred feet without stopping to rest, and who has been diagnosed with:
(A) An arthritic, neurological, orthopedic, renal, vascular, or oncological condition;
(B) Lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or
(C) A cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association; and
(2) Because of a condition identified in paragraph (1):
(A) Cannot walk two hundred feet under the person's own power without stopping to rest;
(B) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or
(C) Uses portable oxygen.
"Private entity" means a private owner or lessee of a parking facility or site where invitation to the general public is expressed or implied.
"Private parking" means a privately owned parking facility or site where invitation to the general public is expressed or implied.
"Public entity" means the State or any of its counties.
"Public parking" means a parking facility or site under state or county jurisdiction.
"Removable windshield placard" means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies that the applicant's disability is expected to last for at least six years.
"Sign designating the parking space as reserved for persons with disabilities" means a sign which contains:
(1) The words, "Reserved Parking";
(2) The international symbol of access;
(3) Words indicating that the space is reserved for parking by persons with disabilities who have valid placards or special license plates; and
(4) The maximum fine for parking illegally in the space.
"Special license plate" means a license plate that displays the international symbol of access:
(1) In a color that contrasts to the background; and
(2) In the same size as the letters or numbers on the plate.
"Temporary removable windshield placard" means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies the person's disability in monthly increments, which shall not exceed six months.
[L 1984, c 46, pt of §2; am L 1986, c 213, §1; am L 1992, c 46, §3; am L 1997, c 308, §5; am L 1999, c 282, §5; am L 2001, c 297, §2; am L 2002, c 16, §15; am L 2003, c 30, §2; am L 2010, c 141, §1; am L 2014, c 45, §5; am L 2019, c 87, §3; am L 2022, c 293, §2]
. 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 the counties for providing removable windshield placards, temporary removable windshield placards, special license plates, and identification cards shall be established pursuant to section 291-56; provided that a county may retain any fees charged for a transaction.
[L 2006, c 269, §1; am L 2007, c 77, §1; am L 2010, c 141, §2]
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 issuing agency that the person is qualified to obtain a disability parking permit shall be guilty of a petty misdemeanor. Each fraudulent verification shall constitute a separate offense.
[L 2001, c 297, pt of §1; am L 2014, c 45, §6; am L 2019, c 87, §4; am L 2022, c 293, §3]
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 special license plates shall not exceed the fee charged for similar license plates for the same class vehicle.
[L 1992, c 46, pt of §2; am L 1997, c 308, §6; am L 2001, c 297, §3; am L 2010, c 141, §3]
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 increments, which shall not exceed six months, and upon payment of a fee to the issuing agency. Upon request of an applicant who was previously issued one temporary removable windshield placard, a second temporary removable windshield placard shall be issued to that applicant upon verification of the applicant's disability.
[L 1992, c 46, pt of §2; am L 1997, c 308, §7; am L 2001, c 297, §4; am L 2003, c 30, §3; am L 2006, c 269, §2; am L 2007, c 77, §2; am L 2010, c 141, §4]
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:
(1) Utilize parking spaces reserved for persons with disabilities; or
(2) Exercise other parking privileges afforded by the State, counties, or private property owners for the benefit of persons with disabilities.
[L 1992, c 46, pt of §2; am L 1997, c 308, §8; am L 2001, c 297, §5; am L 2019, c 87, §5]
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 windshield placard shall expire six years after the date of its issuance.
[L 1984, c 46, pt of §2; am L 1992, c 46, §4; am L 1997, c 308, §9; am L 1999, c 282, §6; am L 2001, c 297, §6; am L 2003, c 30, §4; am L 2006, c 269, §3; am L 2010, c 141, §5]
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 the applicant cannot reach or operate parking meters or unattended pay stations because of the applicant's physical disability. The disabled paid parking exemption permit shall have the same expiration as the removable windshield placard, temporary removable windshield placard, or special license plates issued to the applicant.
[L 2019, c 87, pt of §2]
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]
A removable windshield placard, temporary removable windshield placard,disabled paid parking exemption permit, or identification card shall be replaced upon:
(1) Submittal to the issuing agency of a completed application for a removable windshield placard, temporary removable windshield placard,disabled paid parking exemption permit, or identification card to the issuing agency; and
(2) Payment of a fee.
[L 2001, c 297, pt of §1; am L 2003, c 30, §6; am L 2006, c 269, §4; am L 2007, c 77, §3; am L 2010, c 141, §7; am L 2019, c 87, §7]
Any person who fraudulently manufactures or alters a disability parking permit or identification card for personal use, sale, or issuance to another person to circumvent the issuance requirements of this part, or any person who uses a fraudulently manufactured or altered disability parking permit or identification card to circumvent the issuance requirements of this part, shall be guilty of a misdemeanor. The fraudulent manufacture or alteration of each disability parking permit and of each identification card for personal use, sale, or issuance or is otherwise used in violation of this section shall constitute a separate offense.
[L 2001, c 297, pt of §1; am L 2003, c 30, §7; am L 2019, c 87, §8]
The disability parking permit shall not be used by anyone other than the person with a disability to whom it is issued unless it is being used in connection with the transport of the person with a disability. An unauthorized person using the disability parking permit to obtain the special parking privileges authorized under this part or otherwise afforded by the State or counties, shall be guilty of a traffic infraction under chapter 291D and fined no less than $250 nor more than $500.
[L 1984, c 46, pt of §2; am L 1992, c 46, §5; am L 1997, c 308, §10; am L 2001, c 297, §7; am L 2019, c 87, §9]
Only a state or county issuing agency may offer for sale a disability parking permit and no person may purchase a disability parking permit except from a state or county issuing agency. Any person who sells or purchases a disability parking permit in violation of this section shall be guilty of a misdemeanor. The sale or purchase of each disability parking permit in violation of this section shall constitute a separate offense.
[L 2019, c 87, pt of §2]
A disability parking permit may be confiscated by a law enforcement officer or a commissioned volunteer enforcement officer of a county law enforcement agency for:
(1) Fraudulent manufacture or alteration pursuant to section 291-52.7;
(2) Any unauthorized use pursuant to section 291-53;
(3) Display of an invalid disability parking permit; or
(4) Selling or purchasing a disability parking permit pursuant to section 291-53.2.
For the purposes of this section, "commissioned volunteer enforcement officer" means a civilian volunteer commissioned by a county chief of police to act as an enforcement officer for limited purposes as determined by the county chief of police.
[L 2019, c 87, pt of §2]
. The placard or disabled paid parking exemption permit shall be displayed in such a manner that it may be viewed from the front and rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle when the placard or disabled paid parking exemption permit is in use. If the design or condition of the rearview mirror, or the design or condition of the placard or disabled paid parking exemption permit precludes hanging the placard or disabled paid parking exemption permit in a secure manner, the placard or disabled paid parking exemption permit shall be displayed on the dashboard.
[L 1984, c 46, pt of §2; am L 1992, c 46, §6; am L 1997, c 308, §11; am L 2001, c 297, §8; am L 2011, c 183, §1; am L 2019, c 87, §10]
[Section effective until June 30, 2021. For section effective July 1, 2021, see below.] Any vehicle displaying special license plates, a removable windshield placard, or a temporary removable windshield placard issued under this part shall be permitted to park, without payment of metered parking fees, in any metered parking space for a maximum of two-and-a-half hours or the maximum amount of time the meter allows, whichever is longer. All parking fees not specifically exempted under this part shall remain in effect.
[L 1984, c 46, pt of §2; am L 1990, c 161, §1; am L 1992, c 46, §7; am L 2001, c 297, §9; am L 2003, c 30, §8]
. The disability and communication access board shall adopt rules under chapter 91 to carry out the purposes of this part, including rules for:
(1) The issuance, renewal, confiscation, revocation, and suspension of disability parking permits;
(2) Decertification, reciprocity, and the replacement of disability parking permits and identification cards;
(3) The design of disability parking permits and identification cards;
(4) The establishment of transaction fees for removable windshield placards, temporary removable windshield placards,anddisabled paid parking exemption permits;
(5) Signage and marking of parking spaces;
(6) Reimbursement rates to the counties; and
(7) Penalties.
[L 1984, c 46, pt of §2; am L 1992, c 46, §8; am L 1997, c 308, §12; am L 1999, c 282, §7; am L 2001, c 297, §10; am L 2003, c 30, §9; am L 2006, c 269, §5; am L 2010, c 141, §8; am L 2019, c 87, §12]
(a) Any person who uses a parking space reserved for persons with disabilities who:
(1) Fails to properly display a disability parking permit;
(2) Displays an invalid disability parking permit;
(3) Uses a disability parking permit that was not issued to that person or to any passengers occupying the vehicle in the parking space; or
(4) With or without a disability parking permit:
(A) Parks in an access aisle; or
(B) Obstructs the ingress or egress to a parking space reserved for a person with a disability,
shall be guilty of a traffic infraction under chapter 291D, be fined not less than $250 nor more than $500, and pay any costs incurred by the court related to assessing the fine; provided that a person with a disability who has been issued a valid disability parking permit that is currently in effect, and who has failed to display the disability parking permit while parking in a space reserved for persons with disabilities, shall pay a fine of not less than $25 nor more than $100 and any costs incurred by the court related to assessing the fine. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $100; provided that a person with a disability who has been issued a valid disability parking permit that is currently in effect, and who has failed to display the disability parking permit while parking in a space reserved for persons with disabilities, shall not be assessed the state reserved parking space enforcement fine. The state reserved parking space enforcement fine shall be enforced and collected by the district courts. Fifty per cent of all fines collected shall be deposited into the state general fund and fifty per cent of all fines collected shall be deposited into the safe routes to school program special fund established pursuant to section 291C-4.
(b) Any person who uses a parking space reserved for persons with disabilities and refuses or fails to present an identification card issued under this chapter or the rules adopted thereunder to an enforcement officer upon request shall be guilty of a traffic infraction under chapter 291D, be fined not less than $250 nor more than $500, and pay any costs incurred by the court related to assessing the fine. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $100. The state reserved parking space enforcement fine shall be enforced and collected by the district courts. Fifty per cent of all fines collected shall be deposited into the state general fund and fifty per cent of all fines collected shall be deposited into the safe routes to school program special fund established pursuant to section 291C-4.
(c) Any citation issued under this chapter may be mailed to the violator pursuant to section 291C-165(b).
[L 1997, c 308, §2; am L 2001, c 297, §11; am L 2003, c 30, §10; am L 2019, c 87, §13; am L 2025, c 112, §2]
[§291-58] Requirement to provide parking for persons with disabilities; penalty. Beginning July 1, 2002, any public or private entity that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part. A private entity that fails to comply with this section shall be fined not less than $250 nor more than $500 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action.
[L 2001, c 297, pt of §1]
[§291-59] Enforcement. Notwithstanding any law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this part:
(1) A law enforcement officer may access the property of a private entity to enforce the provisions of this part; and
(2) A commissioned volunteer enforcement officer may access the property of a private entity during normal business hours of the entity to enforce the provisions of this part;
provided that the private entity's parking lot contains a parking space reserved for persons with disabilities.
[L 2003, c 30, §1]
[ §291-60] Costs. Beginning July 1, 2023, all costs associated with the statewide parking for persons with disabilities program shall be paid using moneys appropriated from the accessible parking special account established pursuant to section 348F-7.5.
[L 2022, c 161, §1]
(a) Each county may adopt ordinances to:
(1) Enforce the design and construction requirements of this part, and any administrative rules adopted pursuant to this part, pertaining to the provision of parking spaces and access to parking spaces reserved for persons with disabilities, including but not limited to the number, location, design, and signage of these parking spaces; and
(2) Establish penalties for failure to comply with ordinances adopted pursuant to this section.
(b) An official appointed by a county may enter the property of a place of public accommodation to enforce any applicable ordinances adopted pursuant to this section.
(c) For the purposes of this section, "place of public accommodation" has the same meaning as in section 489-2.
[L 2025, c 111, §2]
(a) Places of public accommodation with at least one hundred parking spaces available for use by the general public shall have at least one parking space equipped with an electric vehicle charging system located anywhere in the parking structure or lot; provided that no parking space designated for electric vehicles shall displace or reduce accessible stalls required by the Americans with Disabilities Act Accessibility Guidelines; provided further that no vehicle shall be permitted to park in a parking space equipped with an electric vehicle charging system while not actively charging. Spaces shall be designated, clearly marked, and the exclusive designation enforced. Owners of multiple parking facilities within the State may designate and electrify fewer parking spaces than required in one or more of their owned properties; provided that the scheduled requirement is met for the total number of aggregate spaces on all of their owned properties. Nothing in this section shall prohibit the owners of parking structures or lots from charging a fee for the use of an electric vehicle charging system.
(b) Effective January 1, 2022, each new electric vehicle charging system installed or placed in service pursuant to this section shall be at least a level 2 charging station that is network-capable.
(c) Electric vehicle charging systems shall be maintained in working order.
(d) As used in this section:
"Electric vehicle" means:
(1) A neighborhood electric vehicle as defined in section 286-2;
(2) A vehicle, with four or more wheels, that draws propulsion energy from a battery with at least four kilowatt hours of energy storage capacity that can be recharged from an external source of electricity; or
(3) A fuel cell electric vehicle.
"Electric vehicle charging system" means a system that:
(1) Is capable of providing electricity from a non-vehicle source to charge the batteries of one or more electric vehicles;
(2) Meets recognized standards, including standard SAE J1772 of SAE International; and
(3) Is designed and installed in compliance with article 625 of the National Electrical Code;
provided that the term shall not include facilities or systems for refueling the hydrogen storage tank of a fuel cell electric vehicle.
"Fuel cell electric vehicle" means a zero-emission electric vehicle that uses a fuel cell to convert hydrogen gas and oxygen into electricity that is used in a vehicle powertrain for propulsion.
"Level 2 charging station" shall have the same meaning as "alternating current Level 2 charging station" in section 269-72.
"Place of public accommodation" has the same meaning as that provided in section 489-2.
[L 2009, c 156, pt of §4; am L 2012, c 89, §2; am L 2019, c 143, §2; am L 2021, c 75, §8]
(a) Any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles or parks any vehicle in a parking space equipped with an electric vehicle charging system while not actively charging shall:
(1) Be guilty of a traffic infraction under chapter 291D;
(2) Be fined not less than $50 nor more than $100; and
(3) Pay any costs incurred by the court related to assessing the fine;
provided that a fine shall not be imposed on a person who parks in a space designated and marked as reserved for electric vehicles if the electric vehicle charging system is visibly inoperable or broken, as determined by an enforcement officer upon visual inspection. The enforcement officer shall document the inoperability of the charging system in their report.
In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $50. The state reserved parking space enforcement fine shall be enforced and collected by the district courts. Fifty per cent of all fines collected shall be deposited into the state general fund and fifty per cent of all fines collected shall be deposited into the safe routes to school program special fund established pursuant to section 291C-4.
(b) Any citation issued under this section may be mailed to the violator pursuant to section 291C-165(b).
(c) Notwithstanding any law to the contrary, and in addition to any other authority provided by law that is not inconsistent with this section:
(1) A law enforcement officer may access the property of a private entity to enforce the provisions of this part; and
(2) A commissioned volunteer enforcement officer may access the property of a private entity to enforce the provisions of this section; provided that the private entity's parking lot contains a parking space required by section 291-71.
[L 2009, c 156, pt of §4; am L 2012, c 89, §3; am L 2021, c 75, §9; am L 2025, c 112, §3]
(a) Each county may adopt ordinances to enforce the requirements of section 291-71, including the establishment of penalties for failure to comply with the requirements of that section or maintain electric vehicle charging systems in working order.
(b) Any official appointed by a county may enter the property of a place of public accommodation to enforce any applicable ordinances adopted pursuant to this section.
(c) For the purposes of this section, "place of public accommodation" has the same meaning as in section 489-2.
[L 2021, c 75, §7; am L 2025, c 111, §3]
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