Hawaii Auto Driving Laws

The Hawaii Point System

(a) In accordance with Hawaii driving law, there is established a point system for the evaluation of the operating records of all persons operating motor vehicles and for the determination of the continuing qualifications of such persons to operate motor vehicles.

The system shall have as its basic element a graduated scale of points assigning relative values to the various violations of Hawaii traffic laws and of traffic ordinances of its counties to be imposed by the district judge in accordance with the following schedule of minimum and maximum points:

1. Driving while under the influence of intoxicating liquor- 4 to 8
2. Reckless driving - 3 to 6
3. Driving while license suspended or revoked (includes court conviction as well as safety responsibility violations) - 3 to 6
4. Fraudulent use of license - 3 to 6
5. Excessive speeding (fifteen miles or more over the established speed limit) - 3 to 6
6. Leaving scene of accident - 3 to 6
7. Speeding (ten miles or more over the established speed limit) - 1 to 4
8. Failure to report accident immediately - 1 to 4
9. Driving on left side of roadway - 0 to 4
10. Inattention to driving; negligent driving - 1 to 4

(b) When district judge shall suspend driver's license based on point system.

In accordance with Hawaii driving law, the district judge shall suspend, for a period of from one to six months, the driver's license of any person upon a showing of the person's record, based upon a uniform point system as provided herein, that the licensee has been convicted of or forfeited bail for, or has been found under chapter 571 to have violated Hawaii traffic laws or ordinances of its counties with such frequency as to indicate a disrespect for such laws or ordinances and a disregard for the safety of other persons on the highways.

In accordance with Hawaii driving law, the district judge upon a showing of good cause may suspend the license suspension.

For the purpose of this part, a total of twelve points assessed against any driver for violation of Hawaii traffic laws, as determined by the values designated above, shall indicate such disrespect and disregard.

In accordance with Hawaii driving law, nothing herein shall preclude the district judge from imposing any greater sentence as may be provided by law.

(c) Nonresident privilege of driving a motor vehicle.

Under Hawaii driving law, the privilege of driving a motor vehicle on the highways of this State and the several counties, given to a nonresident under the laws of this State, shall be subject to suspension by the district judge in like manner, and for like cause, the same as a driver's license issued by this State may be suspended.

(d) Reports of outside convictions; recording against drivers.

In accordance with Hawaii driving law, the district judges of each county shall enter into reciprocal agreements with the proper agency of any other county and the governor of the State may enter into such agreements with any state or territory for the purpose of reporting convictions or bail forfeitures in such county, state, or territory by a person holding a driver's license in such county, state, or territory.

Under Hawaii driving law, such convictions or bail forfeitures in such county, state, or territory of a violation therein which if committed in this State would be a violation of Hawaii traffic laws or the ordinances of the several counties, shall be recorded against a driver the same as if the conviction or bail forfeiture had been made in the State.

(e) Reports of convictions by courts-martial or United States commissioners; recording against drivers.

In accordance with Hawaii driving law, convictions by courts-martial of any of the various branches of the armed forces of the United States or by a United States commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the Hawaii traffic laws or the ordinances of the several counties, may be recorded against a driver the same as if the conviction had been in the courts of this State.

(f) Reports prima facie evidence to show convictions.

In accordance with Hawaii driving law, in all proceedings held under this section, the original or photo static or other copies of the reports filed with the district judges of each county, including official reports received from the directors of motor vehicle divisions, state highway departments, or other agencies of any county, state, or territory charged with the duty of keeping records of offenses against the traffic laws of such counties, states, or territories, and reports of courts martial or United States commissioners, when such copies are duly certified by the various agencies supplying them as true copies of the original on file therewith, shall be deemed prima facie evidence of the information contained in such reports, for the purpose of showing any convictions or bail forfeiture.

(g) Computation of points.

In computing the total number of points charged to any person after a particular violation of Hawaii driving law,

• those accrued as a result of violations of Hawaii driving law which have occurred during the twelve months' period including and immediately preceding the last violation shall be counted at their full value;
• those accrued from twelve to twenty-four months preceding the last violation of Hawaii driving law shall be counted at one-half their established value; and
• those resulting from violations of Hawaii driving law more than twenty-four months prior to the last violation shall not be counted.

If no violation of Hawaii driving law has been charged against a person during the twenty-four month period, a total of six favorable points will be credited to the person's account, which may be used to offset the points chargeable on accounts of violation of Hawaii traffic laws.

In the event that a district judge subsequent to the bail forfeiture does hear the case, the district judge may set aside the points resulting from the bail forfeiture and designate the points the district judge deems necessary; provided that no licensee shall twice be assigned points for the same traffic violation.

Under Hawaii driving law, the method of computing and crediting points under this subsection shall not apply if, at the time of computation, the person as to whom the computation is being made has outstanding any infraction of Hawaii traffic laws other than the one for which the computation is being made.

(h) Notice of suspension to driver; return of license.

Upon determination and order by the district judge that a person has accumulated sufficient points to warrant the suspension of the person's license and the period of suspension, the licensee shall turn in the licensee's license as directed by the district judge if the licensee is present in court.

In accordance with Hawaii driving law, if the licensee is not present in court when the district judge makes a determination and order that the license shall be suspended, then the clerk of the district court shall notify the licensee in writing by certified mail, return receipt requested to addressee only, that the licensee's license has been suspended and the licensee shall, within fifteen days after receipt of the notice of suspension, return the licensee's license to the clerk of the district court.

In accordance with Hawaii driving law, any person willfully failing to return the person's license as required by this section shall, on conviction thereof, be fined not more than $100 or imprisoned for not more than thirty days, or both.

(i) In the event of an appeal from a district court to the supreme court, or a trial in the circuit courts, such courts shall be governed by this section and if occasion arises shall direct the district court to carry out their order.

(j) Any provisions herein to the contrary notwithstanding, whenever an employee is cited for driving a vehicle with unsafe, faulty, or improper equipment, brakes, or lights and the responsibility for such condition is that of the employer, no points shall be assessed against the driver.

(k) Under Hawaii driving law, where bail forfeiture is allowed, the court shall assess against the driver the minimum points set forth in subsection (a) above, but in no case less than one point.

(l) Any provision in this section to the contrary notwithstanding, in the case where the violation of subsection (a)(8) is due to the size or nature of the vehicle, or the necessity of the driver's following a specific route or schedule in the course of the driver's employment, and not to inattention or fault on the part of the driver, the court shall assess no points.

(m) Upon determination and order by a district judge that a person has accumulated six points within a twelve-month period, the licensee shall report in person for a review of the licensee's driving record with the judge as directed by the judge if the licensee is present in court.

In accordance with Hawaii driving law, if the licensee is not present in court when the district judge makes a determination and order that the licensee has accumulated six points within a twelve-month period and is directed to report in person for a review of the licensee's driving record, then the clerk of the district court shall notify the licensee in writing by certified mail, return receipt requested, to addressee only, that the licensee is directed to report in person, within fifteen days after receipt of the notice to report, for a review of the licensee's driving record with the judge.

At the review, the judge may order a licensee who has accumulated six points within a twelve-month period for violations of Hawaii traffic laws to attend a course of instruction in driving retraining by a designated driver instructor or driver training school.

Any person who fails to report in person for a review of the person's driving record with the judge as required by this subsection or who fails to attend a course of instruction in driver retraining pursuant to the order of the judge as required by this subsection shall be fined not more than $100 or shall have the person's license suspended not more than one year, or both.

(n) In accordance with Hawaii driving law, at the end of the period for which a person's driver's license has been suspended under this part when the person's license is reinstated, all points assessed against the person, except for six, shall be set aside.

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