§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.  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]



 



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.



  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.