§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).