JURISDICTION: HAWAII

This chapter summarizes Hawaii State statutes related to speed.

General Reference: Hawaii Revised Statutes

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall not drive a vehicle at a speed greater than is reasonable and prudent and having regard to the actual and potential hazards and conditions then existing. §§291C-101 & 291C-198(a)

Statutory Speed Limit: 35 MPH (58 kilometers per hour) for Mopeds §291C-198(b)

See Other below.

Posted (Maximum) Speed Limit: I. The Director of Transportation may place signs establishing the maximum speed limit on any highway under the director's jurisdiction.⁽¹⁾ §291C-102(b)

II. Local governments may establish maximum speed limits on streets and highways under their jurisdiction. §291C-163(a)(5), (10), (15) & (23)

Minimum Speed Limit:

Posted (Minimum) Speed Limit: I. The Director of Transportation may place signs establishing the minimum speed limit on any highway. §291C-102(b)

II. Local governments may establish minimum speed limits on streets and highways under their jurisdiction. §291C-163(a)(5), (10), (15) & (23)

Other: I. A vehicle or combination of vehicles designed to operate at speed 25 MPH may be required to display a sign indicating that it is a slow moving vehicle. §291C-130

II. Bicycles and mopeds not traveling at the normal rate of speed "shall ride as near to the right side of the roadway as practicable...." §§291C-145(a) & 291C-196(a)

III. No person shall drive a moped >35 MPH (>58 kilometers per hour). §291C-198(b)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Traffic Infractions/Violations. §§291C-102(a), 291C-161(a), 291C-192(a), 291D-2 & 701-107(1)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Fine:

Amount ($ Range): 1st offense-Not more than $200 2nd offense (within 1 year)-Not more than $300 3rd or subsequent offense (within 1 year)-Not more than $500 §§291C-161(b) and 291D-9(a) & (b)⁽²⁾

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: A person may be required to attend a driver training course. §291C-161(e)

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): I. Suspension via the Point System⁽³⁾ §286-128

II. Court Ordered Suspension or Revocation via §286-125

III. Court Ordered Suspension or Revocation via §291C-170

Term of License Withdrawal

(Days, Months, Years, etc.): I. Via the Point System-1 to 6 months §286-128(b)

II. Under §286-126, the court is authorized to either suspend a license for not more than 5 years or revoke a license. In the case revocation, the licensing agency is not to grant driving privileges for 1 year.

III. Under §291C-170, the court is authorized to either suspend or revoke a license for 1 year.

Mandatory Minimum Term of

Withdrawal: None Licensing action is discretionary. §§286-125, 286-128(b) & 291C-170

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: (1) Petty Misdemeanor or (2) If only Exhibition of Speed or Acceleration are Involved, Infraction (A Non Criminal Offense)⁽⁴⁾ §§291C-103, 291D-2 and 701-107(1) & (4)

Sanctions:

Criminal Sanction:

Imprisonment (Term): Petty Misdemeanor-Not more than 6 months §291C-103(e)

Infraction-None

Mandatory Minimum Term: None

Fine ($ Range): Petty Misdemeanor-Not more than $500 §291C-103(e)

Infraction-Not more than $500 §291C-103(e)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: I. Court Ordered Suspension or Revocation via §286-125

II. Court Ordered Suspension or Revocation via §291C-170

Length of Term of

Licensing Withdrawal: I. Under §286-126, the court is authorized to either suspend a license for not more than 5 years or revoke a license. In the case revocation, the licensing agency is not to grant driving privileges for 1 year.

II. Under §291C-170, the court is authorized to either suspend or revoke a license for 1 year.

Mandatory Action--Minimum

Length of License

Withdrawal: None Licensing action is discretionary. §§286-125 & 291C-170

Other: I. Infraction-Sentenced to Perform Community Service §291C-103(e)

II. A person may be required to attend a driver training course. §291C-161(e)

Reckless Driving: Misdemeanor §§291-2 & 701-107(3)

Sanction:

Criminal:

Imprisonment (Term): Not more than 1 year §291-2

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000 §291-2

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): I. Suspension via the Point System³ §286-128

II. Court Ordered Suspension or Revocation via §286-125

III. Court Ordered Suspension or Revocation via §291C-170

Length of Term of License

Withdrawal Action: I. Via the Point System-1 to 6 months §286-128(b)

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Length of Term of License

Withdrawal Action: (continued)

III. Under §291C-170, the court is authorized to either suspend or revoke a license for 1 year.

Mandatory Term of License

Withdrawal Action: None Licensing action is discretionary. §§286-125, 286-128(b) & 291C-170

Other: A person may be required to attend a driver training course. §291C-161(e)

Commercial Motor Vehicle (CMV) Operators⁽⁵⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁶⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §286-240(e)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §286-240(e)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §286-240(e)

1. ¹Note: Hawaii law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

2. ²The district courts must establish schedules of monetary assessments for traffic infractions. These assessments cannot exceed the maximum fine prescribed by law. §291D-9(b)

3. ³Point System. I. The district court is authorized to suspend an offender's license based upon a showing that the offender has a disrespect for the traffic laws. A person, who frequently commits traffic violations, demonstrates such disrespect and such is indicted if they accumulate 12 or more points. §286-128(b) II. Full point value is assessed for violations occurring within the previous 12 months of the present violation. Half point value is assessed for violations occurring more than 12 months but less than 24 months from the present violation. No points are assessed for violations occurring more than 24 months from the present violation. §286-128(g) III. The following points are assigned to reckless driving offenses and speeding violations: Reckless driving-3 to 6 points; excessive speeding (15 MPH over the established speed limit)-3 to 6 points; and, speeding (10 MPH over the established speed limit)-1 to 4 points. §286-128(a)(2), (5) & (7) Note: Points are not assessed for the offense of racing on the highways.

4. ⁴A person is prohibited from driving a vehicle on a highway in "any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making speed record...." §291C-103(a)

5. ⁵A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §286-2

6. ⁶A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §286-231