Cross References
Neighborhood electric vehicles, see §291C-134.
Street rod vehicle requirements, see §286-26.5.
§286-81 Motorcycle, motor scooter, moped, etc.; protective devices. (a) No person shall operate a motorcycle or motor scooter, on any highway in the State unless the person and any passenger the person carries on the motorcycle or motor scooter wears:
(1) Safety glasses, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with windscreens or windshields; and
(2) Any other protective devices, other than a safety helmet, required by rules adopted by the director.
For the purpose of meeting the requirements of this subsection, a required device shall meet the specifications and requirements established by rules adopted by the director.
(b) Notwithstanding subsection (a) and section 291C-195, no person shall operate a moped or motor scooter leased from a rental company on any roadway in the State unless the person wears a safety helmet, which shall be provided by the rental company unless the person provides the person's own safety helmet; provided that this subsection shall not apply to persons who possess a valid license under this chapter to operate a motorcycle or an equivalent license issued from another state. To meet the requirements of this subsection, the safety helmet shall meet the specifications and requirements established by rules adopted by the director.
(c) In addition to the requirements of subsection (b), no person shall lease or rent a motorcycle or motor scooter to another person unless the person furnishes:
(1) Safety glasses, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with windscreens or windshields; and
(2) Any other protective devices required by the rules adopted by the director for the use of the person or persons intending to operate or ride as a passenger on the motorcycle or motor scooter; provided that any person to whom a motorcycle or motor scooter is leased or rented may furnish for the person's own use the protective devices required by this part.
For the purposes of meeting the requirements of this subsection, a required device shall meet the specifications and requirements established by rules adopted by the director.
(d) No person shall sell, offer for sale, or furnish any safety helmet, safety glasses, goggles, face shield, windscreen, windshield, or other protective devices represented to meet the requirements of this part unless the device meets the specifications and requirements established by rules adopted by the director.
(e) No person less than eighteen years of age shall operate or ride as a passenger on a motorcycle or motor scooter on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap.
(f) A safety helmet shall not be required for any person who operates or rides as a passenger on a motorcycle or motor scooter; provided that the motorcycle or motor scooter:
(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a roll bar, roll cage, or full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6. [L 1967, c 214, pt of §2; HRS §286-81; am L 1968, c 48, §2(d); am L 1977, c 183, §1; am L Sp 1977 1st, c 20, §12; gen ch 1985; am L 1994, c 120, §2; am L 2021, c 130, §2 and c 214, §5]
Cross References
Additional prohibitions regarding minors, see §291-11.
Rulemaking, see chapter 91.
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
286-3 Powers and duties of the governor.
286-4.1 Medical advisory board.
286-5 State highway safety council.
286-6 County traffic or highway safety councils.
286-7 County highway safety programs.
286-9 Facilities for physically handicapped persons.
286-12 All-terrain vehicle; utility-terrain vehicle; permitted use.
286-21 Vehicles and mopeds without required equipment or in unsafe condition.
286-22 Inspection by officers of the police department.
286-23 Responsibility for compliance.
286-25 Operation of a vehicle or moped without a certificate of inspection.
286-26 Certificates of inspection.
286-26.5 Special interest vehicles.
286-27 Permits to operate official inspection stations.
286-29 Improper representation as official inspection station.
286-31 Vehicle inspector; certification; renewal.
286-42 County finance director's duties.
286-43 Defacing serial numbers, etc., of motor vehicles.
286-44 Unlawful to possess certain motor vehicles, parts, etc.; forfeiture.
286-45 Records of county finance director.
286-46 Tax lien and encumbrance record.
286-47 Certificate of registration; certificate of ownership; containers.
286-47.2 Certificate of trailer registration.
286-47.5 Notice of change of address or name; penalty.
286-48 Certificates of ownership of salvaged motor vehicles.
286-49 Registration of vehicles under two or more names.
286-51.5 Junking of nonrepairable vehicle.
286-52 Procedure when title of vehicle transferred; delivery of certificate mandatory.
286-52.4 Terminal rental adjustment clause; vehicle leases.
286-52.5 Procedure when registration of a trailer transferred.
286-53 Dealers in new motor vehicles.
286-53.1 Boat dealers; trailers without plates.
286-53.5 Permanent registration of fleet vehicles.
286-53.6 Fleet vehicles, fees.
286-54 Out-of-state vehicle permit.
286-55 Certificates lost or mutilated.
286-57 Unlawful removal of motor vehicles from State.
286-58 Appeal from finance director's decision.
286-60 Rules of procedure; costs; appeal.
286-62 Special license plates authorized.
286-63 Shape, size and color of plates; how affixed.
286-64 Regulation plates to be surrendered.
286-65 Surrender, transfer, and disposal of special plates.
286-68 Interpretation of part.
286-81 Motorcycle, motor scooter, moped, etc.; protective devices.
286-81.5 Leased or rented moped or motor scooter; flag required.
286-83 Sales of motor vehicle equipment; approval and identification required; prohibitions on use.
286-84 Revocation of approval.
286-85 Reconstructed vehicles, approval required.
286-101 Designation of examiner of drivers.
286-101.5 Reciprocal licensing privileges.
286-102.3 Commercial drivers under the age of twenty-one.
286-102.5 Military Selective Service Act; Selective Service System registration.
286-103 Restrictions on driver's license; rules and regulations.
286-104 Which persons shall not be licensed.
286-105 What persons are exempt from license
286-106 Expiration of licenses.
286-106.5 Expiration of licenses; out-of-country active duty military personnel and dependents.
286-107 License renewals; procedures and requirements.
286-108 Examination of applicants.
286-108.4 Driver education and behind-the-wheel driver training program.
286-109 General provision governing the issuance of licenses.
286-109.4 Designation of advance health-care directive.
286-109.5 Designation of anatomical gift.
286-109.6 Limited access to driver's license anatomical gift data.
286-109.7 Organ and tissue education fee.
286-112 Application of minors; liability of parents or guardian.
286-113 Release from liability.
286-116 License, insurance identification card, possession, exhibition.
286-116.5 Notice of change of address or name; penalty.
286-117 Duplicate permits, provisional licenses, and licenses.
286-118 Records to be kept by the examiner of drivers.
286-119 Authority of examiner of drivers to suspend or revoke licenses.
286-120 Authority of examiner of drivers to cancel licenses.
286-122 Suspension of a license; surrender.
286-123 Record of conviction forwarded to examiner of drivers.
286-124 Mandatory revocation of license by a court.
286-125 Discretionary revocation or suspension of license by a court.
286-126 Period of suspension or revocation.
286-129 Appeal to circuit court.
286-130 No operation under foreign license during revocation or suspension in this State.
286-131 Unlawful use of license.
286-132 Driving while license suspended or revoked.
286-133 Unlawful to permit unauthorized person to drive.
286-134 Employing unlicensed driver.
286-135 Renting motor vehicle to another.
286-137 District courts to keep records.
286-139 Preferred insurance rate.
286-171 Statewide traffic records system.
286-172 Furnishing of information.
286-181 Pupil transportation safety.
286-202 General duties and powers of the director.
286-202.5 Driver improvement program.
286-202.6 Marking of motor carrier vehicles.
286-202.8 Mudguards; protective devices.
286-204 Accounts, records, and reports.
286-204.5 Vehicle identification card.
286-207 Exemptions, certain vehicles.
286-208 Exemptions, vehicles used by farmers.
286-209 Safety inspection of motor carrier vehicles.
286-210 Operation of a motor carrier vehicle without a safety inspection decal.
286-211 Permits to operate official inspection stations.
286-212 Suspension or revocation of permits.
286-213 Improper representation as official inspection station.
286-216 Fines, fees and charges.
286-225 Hazardous materials incident reporting.
286-232 Limitation on number of driver's licenses.
286-233 Notification requirements.
286-234 Employer responsibilities.
286-235 Commercial driver's license required.
286-235.5 Persons exempt from licensure.
286-236 Commercial driver's license qualification standards.
286-236.5 Renumbered as §286-102.3.
286-238 Application for commercial driver's license or commercial learner's permit.
286-239 Commercial driver's license.
286-239.5 Reactivation of expired commercial driver's license; fees; road test waived.
286-240 Disqualification, cancellation, and downgrade.
286-241.5 Notification and hearing.
286-241.6 Appeal to circuit court.
286-242 Commercial drivers prohibited from operating with any alcohol in their body.
286-243 Implied consent requirements for commercial motor vehicle drivers.
286-244 Notification of traffic convictions.
286-245 Driving record information to be recorded and furnished.
286-246 Authority to make rules.
286-247 Authority to enter agreements.
286-271 Interisland shipping of vehicles; proof required.
286-301 Issuance of identification card or temporary card.
286-301.5 Non-compliant identification cards.
286-302 Oaths and investigations.
286-303 Application for identification card.
286-305 Contents and characteristics; form.
286-306 Expiration; renewal; replacement.
286-307 Identification cards not to be altered; duties of holder; lost certificates.
286-311 Custody and use of records; confidential information.