Mandatory use of seat belts, when, penalty
HRS §291-11.6
in effect291-11.6. Mandatory use of seat belts, when, penalty
(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]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0011_0006.htmFetched: 11/10/2026