§286-116 License, insurance identification
card, possession, exhibition. (a) Every licensee shall have a valid
driver's license in the licensee's immediate possession at all times, and a
valid motor vehicle or liability insurance identification card applicable to
the motor vehicle operated as required under section 431:10C-107 and section
431:10G-106, when operating a motor vehicle, and shall display the same upon
demand of a police officer. Every police officer or law enforcement officer
when stopping a vehicle or inspecting a vehicle for any reason shall demand
that the driver or owner display the driver's or owner's driver's license and
insurance identification card.
Upon demand, the driver or owner may display
the driver's or owner's electronic motor vehicle insurance identification card
on a mobile electronic device, as defined in section 291C-137. For the
purposes of this section, when a person uses a mobile electronic device to
display an electronic motor vehicle insurance identification card to a police
officer or law enforcement officer, the officer may only view the electronic
motor vehicle insurance identification card and shall be otherwise prohibited
from viewing any other content on the mobile electronic device. Whenever a
person presents a mobile electronic device pursuant to this section, that
person assumes all liability for any damage to the mobile electronic device.
No person charged with violating this section
shall be convicted if the person produces in court, or proves from the proper
official or other records that the person was the holder of a driver's license
or a motor vehicle or liability insurance identification card and policy
conforming to article 10C and article 10G of chapter 431 or a certificate of
self-insurance issued by the insurance commissioner pursuant to section
431:10C-107 and section 431:10G-103, theretofore issued to the person and valid
at the time of the person's arrest.
(b) At any time a law enforcement officer
finds a motor vehicle in operation by a driver not in possession of the motor
vehicle or liability insurance identification card required under
section 431:10C-107 and section 431:10G-106, the officer shall issue
a citation with the earliest possible date for court appearance in every
instance.
(c) In all instances in which a citation shall
be issued under subsection (b), whenever the driver cited is not found to be
the registered owner of the motor vehicle under operation, the citation shall
also be issued to the driver as the owner's agent and to the registered owner
of the motor vehicle. Whenever the registered owner of any motor vehicle
permits any person to operate the registered owner's motor vehicle, the
registered owner appoints, designates, and constitutes the driver the
registered owner's agent for all purposes under this section and section
431:10C-107, section 431:10G-106, and section 805-13.
(d) The operation of any motor vehicle
required to be licensed on a highway by a driver, whether or not licensed, who
knows, or has reason to believe, that the motor vehicle is not insured in
compliance with article 10C and article 10G of chapter 431, shall constitute a
violation of this chapter.
(e) Any registered owner of any motor vehicle
required to be licensed, who directly or indirectly permits the operation of
such motor vehicle on any highway at any time the motor vehicle is not insured
in compliance with article 10C and article 10G of chapter 431, shall be guilty
of a violation of this chapter. The registered owner shall, in all cases, be
presumed to know whether a motor vehicle is insured in compliance with article
10C and article 10G of chapter 431. [L 1937, c 234, §14; RL 1945, §7315; RL
1955, §160-45; HRS §286-116; am L 1970, c 164, §3; am L 1978, c 91, §4; gen ch
1985; am L 1991, c 60, §2; am L 1993, c 6, §9; am L 1997, c 251, §8; am L 2016,
c 82, §2]
Attorney General Opinions
Conviction for not having a valid no-fault insurance
identification card requires the party to submit proof of financial
responsibility pursuant to §287-20. Att. Gen. Op. 88-3.
Case Notes
When investigating a possible violation of a traffic law, an
officer may properly ask a driver to display the driver's license. 61 H. 316,
603 P.2d 143 (1979).
Stopping a vehicle for "any reason" means any valid
reason; police were authorized to ask driver for driver's license and no-fault
insurance card. 71 H. 57, 782 P.2d 1225 (1989).
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1979–2026 · leading case:
State v. Aguinaldo, 782 P.2d 1225 (Haw. 1989).
State v. Aguinaldo, 782 P.2d 1225 (Haw. 1989).
· cites it 15× “A separate section of the highway safety law , HRS § 286-116 (1985), 2 authorizes “[ejvcry police officer or law enforcement officer when stopping a vehicle or inspecting a vehicl z for any reason [to] demand that the driver or owner display the driver’s or owner’s driver’s…”
State v. Spillner, 173 P.3d 498 (Haw. 2007).
· cites it 4× “1997) requires that a person having a valid driver's license and valid motor vehicle insurance shall keep such license in his or her possession at all times and a person having valid motor vehicle insurance shall keep such insurance identification card in his or her possession…”
State v. Shamp, 949 P.2d 171 (Haw. App. 1997).
· cites it 13× “HRS § 286-116 provides, in pertinent part: (b) At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the no-fault or liability insurance identification card required under section 431:100-107 and section 431:10G-106, the…”
State v. Vallesteros, 933 P.2d 632 (Haw. 1997).
· cites it 4× “(6) Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a misdemeanor. [[Image here]] (Emphases added). Therefore, because DWOL is punishable by up to one year imprisonment, and the grade…”
State v. Veniegas, 905 P.2d 50 (Haw. App. 1995).
· cites it 12× “” Consequently, a motor vehicle operator’s failure to have a driver’s license in his immediate possession, HRS § 286-116 (Supp.1992), and to exhibit a valid no-fault insurance identification card, HRS § 286-116 (Supp.”
Mikelson v. United Servs. Auto. Ass'n, 111 P.3d 601 (Haw. 2005).
· cites it 2× “) HRS § 286-116 provides, in relevant part, that “fejveiy licensee shall have a valid driver’s license in the licensee's immediate possession at all times[.”
State v. Arakaki, 744 P.2d 783 (Haw. App. 1987).
· cites it 6× “5 to the No-Fault Law and amended HRS § 286-116. HRS § 294-8.5 requires every insurer to “issue to its insureds a no-fault insurance identification card” for each insured motor vehicle and provides that “[t]he identification card shall be in the insured motor vehicle at all…”
State v. Powell, 603 P.2d 143 (Haw. 1979).
· cites it 2× “See HRS § 286-116 (1976). 7 Cf. Adams v. Williams, 407 U.”
State v. Domut., 457 P.3d 822 (Haw. 2020).
· cites it 2× “3 Citation 2DTC-14-004621 was issued for the two subject traffic crimes, while citation 2DTI-14-018886 was issued for two non-criminal traffic infractions: exceeding the speed limit by 22 miles per hour in violation of HRS § 291C-102(a)(1) (2007) and driving without a license on…”
State v. Lee, 976 P.2d 444 (Haw. 1999).
“At the time of Lee’s alleged violation of HRS § 431:100-104, HRS § 805-13(b) provided in relevant part that, [i]n all cases of citation for alleged violations of chapter 294 or section 286-116, the court shall require the appearance of the driver cited and the registered owner…”
Keanini v. Akiba, 996 P.2d 280 (Haw. App. 2000).
· cites it 2× “Pursuant to HRS § 286-116(a)(1993), however, “Every police officer or law enforcement officer when stopping a vehicle or inspecting a vehicle for any reason shall demand that the driver or owner display the driver’s or owner’s driver’s license and insurance identification card.”
State v. Crowe, 510 P.3d 1130 (Haw. App. 2022).
· cites it 30× “Such a demand is made pursuant to the Rules and Practice and Procedure Relating to Intoxicant Control Roadblock Program ("Intoxication Roadblock Rules"), specifically § 13-102-06(i) ("Document Check Rule") and is based on the requirement in HRS §286-116 to ask for a driver…”
— Haw. Rev. Stat. § 286-116(a) — 5 cases
State v. Domut., 457 P.3d 822 (Haw. 2020).
“3 Citation 2DTC-14-004621 was issued for the two subject traffic crimes, while citation 2DTI-14-018886 was issued for two non-criminal traffic infractions: exceeding the speed limit by 22 miles per hour in violation of HRS § 291C-102(a)(1) (2007) and driving without a license on…”
State v. Aguinaldo, 782 P.2d 1225 (Haw. 1989).
“A separate section of the highway safety law , HRS § 286-116 (1985), 2 authorizes “[ejvcry police officer or law enforcement officer when stopping a vehicle or inspecting a vehicl z for any reason [to] demand that the driver or owner display the driver’s or owner’s driver’s…”
State v. Crowe, 510 P.3d 1130 (Haw. App. 2022).
“Such a demand is made pursuant to the Rules and Practice and Procedure Relating to Intoxicant Control Roadblock Program ("Intoxication Roadblock Rules"), specifically § 13-102-06(i) ("Document Check Rule") and is based on the requirement in HRS §286-116 to ask for a driver…”
— Haw. Rev. Stat. § 286-116(a)(1993) — 1 case
Keanini v. Akiba, 996 P.2d 280 (Haw. App. 2000).
“Pursuant to HRS § 286-116(a)(1993), however, “Every police officer or law enforcement officer when stopping a vehicle or inspecting a vehicle for any reason shall demand that the driver or owner display the driver’s or owner’s driver’s license and insurance identification card.”
— Haw. Rev. Stat. § 286-116(b) — 2 cases
State v. Veniegas, 905 P.2d 50 (Haw. App. 1995).
“” Consequently, a motor vehicle operator’s failure to have a driver’s license in his immediate possession, HRS § 286-116 (Supp.1992), and to exhibit a valid no-fault insurance identification card, HRS § 286-116 (Supp.”
State v. Shamp, 949 P.2d 171 (Haw. App. 1997).
“HRS § 286-116 provides, in pertinent part: (b) At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the no-fault or liability insurance identification card required under section 431:100-107 and section 431:10G-106, the…”
— Haw. Rev. Stat. § 286-116(c) — 1 case
State v. Shamp, 949 P.2d 171 (Haw. App. 1997).
“HRS § 286-116 provides, in pertinent part: (b) At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the no-fault or liability insurance identification card required under section 431:100-107 and section 431:10G-106, the…”
— Haw. Rev. Stat. § 286-116(e) — 1 case
State v. Shamp, 949 P.2d 171 (Haw. App. 1997).
“HRS § 286-116 provides, in pertinent part: (b) At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the no-fault or liability insurance identification card required under section 431:100-107 and section 431:10G-106, the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.