Regulation of motor vehicle sun screening devices; penalty
HRS §291-21.5
in effect291-21.5. Regulation of motor vehicle sun screening devices; penalty
(a) No person shall operate, permit the operation of, cause to be operated, or park any motor vehicle on a public highway if the glazing material of the motor vehicle:
(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 (d) hereof.
(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 which 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.
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
286-25 shall include a test to ensure that the glazing material and any sun
screening devices meet the requirements specified in this section.
(d) This section shall not apply to:
(1) Rearview mirrors;
(2) Adjustable nontransparent sun visors which are
mounted forward of the side windows and are not attached to the glazing
material;
(3) Signs, stickers, or other materials which 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 which 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 which
are installed, affixed, or applied along the top edge of the windshield so long
as such 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 which, 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 side windows necessary
for driving visibility which are to the rear of the driver and for rear windows
necessary for driving visibility which, 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) Side windows which are to the rear of the driver
and rear windows on 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, which meets the requirements of Federal
Motor Vehicle Safety Standard 205.
(e) Any person who violates this section shall
be fined:
(1) Not less than $250 or more than $500 for each
separate offense if the person is the owner of the motor vehicle which is in
violation; and
(2) Not less than $500 nor more than $1,000 for each
separate offense if the person or business entity is the installer of any sun
screening device which does not meet the requirements of this section. The
installer shall also reinstall sun protective devices which comply with this
section, free of charge, or reimburse the motor vehicle owner for the cost of
installing sun protective devices by another installer which 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. The certificate
shall be stored in the motor vehicle at all times.
[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]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0021_0005.htmFetched: 11/10/2026