HRS §291A-1 Enactment of compact
291A-1. Enactment of compact
The Nonresident Violator Compact is hereby enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as follows:
NONRESIDENT
VIOLATOR COMPACT
ARTICLE I.
FINDINGS AND DECLARATION OF POLICY
(a) The party states find that:
(1) Under present procedures, a nonresident motorist
who is arrested in a state other than the nonresident's home state must either
post collateral or bond to secure appearance for trial at some later date, or,
if unable to post such collateral or bond, the nonresident is taken into
custody until collateral or bond is posted or taken directly to court for
arraignment to be held. The purpose of this requirement is to obviate the
difficulty of ensuring compliance with the terms of a traffic citation by the nonresident
who, if permitted to continue on the nonresident's way after receiving such
citation, could return to the nonresident's home state and disregard with
impunity the nonresident's duty under the terms of the citation.
(2) A motorist receiving a traffic citation in the
motorist's home state is permitted, except for certain violations, to accept
the citation from the officer at the scene of the violation and to immediately
continue on the motorist's way after being instructed to comply with the terms
of the citation.
(3) The practice described in paragraph (1) causes
unnecessary inconvenience and, at times, causes a hardship for the motorist who
is unable at the time to post collateral, furnish a bond, stand trial, or pay
the fine and thus is compelled to remain in custody until some arrangement can
be made.
(4) The arrest of a nonresident motorist for a motor
vehicle violation is presently consuming an undue amount of law enforcement
time.
(b) It is the policy of each of the party
states to:
(1) Promote compliance with the laws, ordinances, and
administrative rules relating to the operation of motor vehicles by their
operators in each of the jurisdictions where such operators drive motor
vehicles.
(2) Make the reciprocal recognition of the right of
motorists of the party states to accept a citation without delay in all traffic
violation cases in which such procedure is permitted whether the motorist is a
resident or a nonresident of the state in which the arrest was made.
(3) Maximize effective utilization of law enforcement
personnel and assist the court systems in the efficient disposition of traffic
violations.
(4) Consider an operator who ignores or refuses a
citation from a party state to be an unfit or irresponsible person to hold a
license to drive.
ARTICLE II.
DEFINITIONS
As used in this compact:
(a) "Citation" means any citation,
summons, ticket, or other document issued by a police officer for violation of
a traffic law, ordinance, rule, or regulation which requires the motorist to
respond.
(b) "Collateral" means any bond,
cash, or other security deposited to secure an appearance for trial following
the issuance by an arresting officer of a citation for a traffic violation.
(c) "Compact administrator" means
the administrative director of the courts or designee.
(d) "Driver's license" means any
license to operate a motor vehicle issued under the laws of the home state.
(e) "Home state" means the state
that has issued and has the power to suspend or revoke the use of the license
or permit to operate a motor vehicle.
(f) "Issuing state" means the state
in which the traffic citation was issued to the motorist.
(g) "Licensing authority" means the
administrative director of the courts or designee.
(h) "Motorist" means the driver of a
motor vehicle operating in a party state other than the home state.
(i) "Nonresident" means a driver who
holds a license issued by a party state other than the state in which the
citation was issued.
(j) "Personal recognizance" means a
signed agreement by a nonresident that the nonresident will comply with the
terms of the citation issued to the nonresident.
(k) "State" means a state,
territory, or possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico, Provinces of Canada, or other countries.
ARTICLE III.
PROCEDURE FOR ISSUING STATE
(a) An officer making an arrest or citing a
nonresident for a traffic violation shall issue a citation as appropriate to
all motorists who are residents of the party states and shall not, subject to
the exceptions noted in subsection (b) of this Article, require such motorist
to post collateral or bond to secure appearance for trial, but may accept such
motorist's personal recognizance that the motorist will comply with the terms
of the citation.
(b) No motorist shall be entitled to receive a
citation under the terms of subsection (a) of this Article, nor shall any
police officer issue such citation under the same terms, in the event the
offense for which the citation is issued shall be one of the following:
(1) An offense for which the issuance of a citation
in lieu of a hearing or the posting of collateral, bail, or bond is prohibited
by law or court policy; or
(2) An offense, for which the revocation of the
motorist's license would be required upon conviction or forfeiture of
collateral.
(c) Upon the failure of any nonresident to
comply with the terms of a traffic citation, the arresting officer or other
appropriate official may obtain a warrant for arrest or summons for appearance
in court and shall report the failure to the licensing authority of the state
in which the arrest was made or the citation for a traffic violation was
issued. If the State of Hawaii is the issuing state, the arresting officer or
other appropriate official shall report this failure to the compact administrator.
The report shall clearly identify the person arrested or cited; describe the
violation, specifying the section of the traffic law, ordinance, rule, or
regulation violated; indicate the location of the offense; and describe the
vehicle, and its license number. The report shall be signed by the arresting
officer or other appropriate official.
ARTICLE IV.
PROCEDURE FOR HOME STATE
(a) Upon receipt of the report as described in
Article III, the licensing authority of the state in which the arrest was made
or a citation for a traffic violation was issued shall transmit an official
copy of the record of the report to the licensing authority of the home state.
If the State of Hawaii is the home state, the licensing authority of the state
in which the arrest was made or a citation for a traffic violation was issued
shall transmit an official copy of the record of the report to the compact
administrator. If the State of Hawaii is the issuing state, the compact
administrator shall transmit an official copy of the record of the report to
the licensing authority of the home state.
(b) Upon receipt of a certification of
noncompliance from the state in which the arrest was made or a citation for a
traffic violation was issued, the licensing authority of the home state shall
notify the motorist and immediately initiate license suspension proceedings
against such motorist. The order of suspension shall indicate the reason for
the order and shall notify the motorist that the motorist's license shall
remain suspended until satisfactory evidence has been furnished to the
authority issuing such order of compliance with the terms of the citation.
(c) A copy of any suspension order issued
under this Article shall be furnished to the licensing authority of the state
in which the arrest was made or a citation for a traffic violation was issued.
If the State of Hawaii is the issuing state, a copy of any suspension order
issued under this Article shall be furnished to the compact administrator.
(d) If the laws of a home state do not provide
for offenses or violations denominated or described in precisely the words
employed in the state from which a certification of noncompliance is received,
the home state shall construe the denomination and descriptions appearing in
the laws of such state as being applicable to and identifying those offenses or
violations of a substantially similar nature.
ARTICLE V.
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of
this compact, nothing contained herein shall be construed to affect the right
of any party state to apply any of its other laws relating to the licenses to
drive to any person or circumstance, nor to invalidate or prevent any driver
license agreement or other cooperative arrangement between a party state and a
nonparty state.
ARTICLE VI.
COMPACT ADMINISTRATOR AND
INTERCHANGE
OF INFORMATION
(a) The motor vehicle administrator of each
party state shall be the administrator of this compact for their state. For
the State of Hawaii, the administrative director of the courts or designee
shall be the administrator of this compact. The administrators, acting
jointly, shall have the power to formulate all necessary and proper procedures
for the exchange of information under this compact.
(b) The administrator of each party state
shall furnish to the administrator of each other party state any information or
documents reasonably necessary to facilitate the administration of this
compact.
ARTICLE VII.
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force and
become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this
compact by enacting a statute repealing the same, but no such withdrawal shall
take effect until six months after the executive head of the withdrawing state
has given notice of the withdrawal to the executive heads of all other party
states. No withdrawal shall affect the validity or applicability by the
licensing authorities of states remaining party to the compact of any report of
conviction prior to the withdrawal.
ARTICLE
VIII. EXCEPTIONS
The provisions of this compact shall not apply
to parking violations, highway weight limit violations, and violations of law
governing the transportation of hazardous materials.
ARTICLE IX.
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as
to effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person, or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters.
[L 1993, c 135, §1; gen ch 1993; am
L 1995, c 64, §§1 to 3]