§105-2  Exceptions.  Section 105-1 shallnot apply to:

(1)  The governor;

(2)  The mayor of any county;

(3)  Any member of a police department or a firedepartment or of the staff of a hospital, or any officer or employee of theboard of water supply of the city and county of Honolulu, when using a motorvehicle for a personal purpose incidental to the person's service or work (butnot for pleasure);

(4)  Any officer or employee of the State who, uponwritten recommendation of the comptroller, is given written permission by thegovernor to use, operate, or drive for personal use (but not for pleasure) anymotor vehicle owned or controlled by the State;

(5)  Any officer or employee of any county who, uponwritten recommendation of the budget director, is given written permission bythe mayor, to use, operate or drive for personal use (but not for pleasure) anymotor vehicle owned or controlled by the county;

(6)  Any officer or employee of the State, or of anycounty, who, in case of emergency, because of the person's illness, or theperson's incapacity caused by accident while at work, or because of the illnessof a member of the person's immediate family including a reciprocal beneficiarywhile the person is at work, is conveyed in a motor vehicle to the person'splace of abode, or to a hospital or other place, but every such use of such amotor vehicle shall be certified to by the officer or by the head of thedepartment, commission, board, bureau, agency, or instrumentality controllingor possessing the motor vehicle immediately thereafter, and the certificateshall be forthwith filed with the comptroller, in the case of the State, orwith the budget director, in the case of a county; and

(7)  The assigned driver of a Van Go Hawaii vehicle orany other state ridesharing program vehicle. [L 1919, c 227, pt of §1; RL 1945,pt of §462; am L 1949, c 389, pt of §1(a); RL 1955, §7-11; am L 1965, c 11, §1;HRS §105-2; am L 1981, c 49, §1; gen ch 1993; am L 1997, c 383, §34]

 

Attorney General Opinions

 

  Narcotics enforcement division investigators have authorityfor personal use of state vehicles incident to law enforcement purposes whereprior written permission has been obtained from governor upon writtenrecommendation of comptroller.  Att. Gen. Op. 91-03.