§286-116  License, insurance identificationcard, possession, exhibition.  (a)  Every licensee shall have a validdriver's license in the licensee's immediate possession at all times, and avalid motor vehicle or liability insurance identification card applicable tothe motor vehicle operated as required under section 431:10C-107 and section431:10G-106, when operating a motor vehicle, and shall display the same upondemand of a police officer.  Every police officer or law enforcement officerwhen stopping a vehicle or inspecting a vehicle for any reason shall demandthat the driver or owner display the driver's or owner's driver's license andinsurance identification card.  No person charged with violating this sectionshall be convicted if the person produces in court, or proves from the properofficial or other records that the person was the holder of a driver's licenseor a motor vehicle or liability insurance identification card and policyconforming to article 10C and article 10G of chapter 431 or a certificate ofself-insurance issued by the insurance commissioner pursuant to section431:10C-107 and section 431:10G-103, theretofore issued to the person and validat the time of the person's arrest.

(b)  At any time a law enforcement officerfinds a motor vehicle in operation by a driver not in possession of the motorvehicle or liability insurance identification card required undersection 431:10C-107 and section 431:10G-106, the officer shall issuea citation with the earliest possible date for court appearance in everyinstance.

(c)  In all instances in which a citation shallbe issued under subsection (b), whenever the driver cited is not found to bethe registered owner of the motor vehicle under operation, the citation shallalso be issued to the driver as the owner's agent and to the registered ownerof the motor vehicle.  Whenever the registered owner of any motor vehiclepermits any person to operate the registered owner's motor vehicle, theregistered owner appoints, designates, and constitutes the driver theregistered owner's agent for all purposes under this section and section431:10C-107, section 431:10G-106, and section 805-13.

(d)  The operation of any motor vehiclerequired to be licensed on a highway by a driver, whether or not licensed, whoknows, or has reason to believe, that the motor vehicle is not insured incompliance with article 10C and article 10G of chapter 431, shall constitute aviolation of this chapter.

(e)  Any registered owner of any motor vehiclerequired to be licensed, who directly or indirectly permits the operation ofsuch motor vehicle on any highway at any time the motor vehicle is not insuredin compliance with article 10C and article 10G of chapter 431, shall be guiltyof a violation of this chapter.  The registered owner shall, in all cases, bepresumed to know whether a motor vehicle is insured in compliance with article10C and article 10G of chapter 431. [L 1937, c 234, §14; RL 1945, §7315; RL1955, §160-45; HRS §286-116; am L 1970, c 164, §3; am L 1978, c 91, §4; gen ch1985; 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 insuranceidentification card requires the party to submit proof of financialresponsibility pursuant to §287-20.  Att. Gen. Op. 88-3.

 

Case Notes

 

  When investigating a possible violation of a traffic law, anofficer 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 validreason; police were authorized to ask driver for driver's license and no-faultinsurance card.  71 H. 57, 782 P.2d 1225.