§431:10C-117  Penalties.

     (a)  (1)  Any person subject to this article in the

capacity of the operator, owner, or registrant of a motor vehicle operated in

this State, or registered in this State, who violates any applicable provision

of this article, shall be subject to citation for the violation by any county

police department in a form and manner approved by the traffic violations

bureau of the district court of the first circuit;

     (2)  Notwithstanding any provision of the Hawaii Penal

Code:

         (A)  Each violation shall be deemed a separate

offense and shall be subject to a fine of not less than $100 nor more than

$5,000 which shall not be suspended except as provided in subparagraph (B); and

         (B)  If the person is convicted of not having

had a motor vehicle insurance policy in effect at the time the citation was

issued, the fine shall be $500 for the first offense and a minimum of $1,500

for each subsequent offense that occurs within a five-year period from any

prior offense; provided that the judge:

              (i)  Shall have the discretion to suspend all or

any portion of the fine if the defendant provides proof of having a current

motor vehicle insurance policy; provided further that upon the defendant's

request, the judge may grant community service in lieu of the fine, of not less

than seventy-five hours and not more than one hundred hours for the first

offense, and not less than two hundred hours nor more than two hundred

seventy-five hours for the second offense; and

             (ii)  May grant community service in lieu of the

fine for subsequent offenses at the judge's discretion;

     (3)  In addition to the fine in paragraph (2), the

court shall either:

         (A)  Suspend the driver's license of the driver

or of the registered owner for:

              (i)  Three months for the first conviction; and

             (ii)  One year for any subsequent offense within

a five-year period from a previous offense;

              provided that the driver or the

registered owner shall not be required to obtain proof of financial

responsibility pursuant to section 287-20; or

         (B)  Require the driver or the registered owner

to keep a nonrefundable motor vehicle insurance policy in force for six months;

     (4)  Any person cited under this section shall have an

opportunity to present a good faith defense, including but not limited to lack

of knowledge or proof of insurance.  The general penalty provision of this

section shall not apply to:

         (A)  Any operator of a motor vehicle owned by

another person if the operator's own insurance covers such driving;

         (B)  Any operator of a motor vehicle owned by

that person's employer during the normal scope of that person's employment; or

         (C)  Any operator of a borrowed motor vehicle

if the operator holds a reasonable belief that the subject vehicle is insured;

     (5)  In the case of multiple convictions for driving

without a valid motor vehicle insurance policy within a five-year period from

any prior offense, the court, in addition to any other penalty, shall impose

the following penalties:

         (A)  Imprisonment of not more than thirty days;

         (B)  Suspension or revocation of the motor

vehicle registration plates of the vehicle involved;

         (C)  Impoundment, or impoundment and sale, of

the motor vehicle for the costs of storage and other charges incident to

seizure of the vehicle, or any other cost involved pursuant to section

431:10C-301; or

         (D)  Any combination of those penalties; and

     (6)  Any violation as provided in subsection (a)(2)(B)

shall not be deemed to be a traffic infraction as defined by chapter 291D.

     (b)  Any person, in the capacity of a licensed

or unlicensed motor vehicle insurer, self-insurer, producer, or other

representative, who violates any provision of this article shall be assessed a

civil penalty not to exceed $5,000 for each violation.

     (c)  Any person, in the capacity of a licensed

or unlicensed motor vehicle insurer, self-insurer, producer, or other

representative, who knowingly violates any provision of this article shall be

assessed a civil penalty of not less than $3,000 and not to exceed $10,000 for

each violation.

     (d)  (1)  Violations of subsections (b) and (c) shall

be subject to the construction that each repetition of such act shall

constitute a separate violation; and

     (2)  The imposition of any civil penalty under

subsection (a), (b), or (c) shall be in addition to, and shall not in any way

limit or affect the application of, any other civil or criminal penalty, or

public safety condition or requirement, provided by law. [L 1987, c 347, pt of

§2; am L 1988, c 345, §1; am L 1989, c 348, §1; am L 1990, c 167, §1; am L

1993, c 205, §25; am L Sp 1993, c 4, §4; am L 1996, c 20, §1; ree L 1997, c 2,

§11 and am c 251, §27; am L 1998, c 231, §2 and c 275, §9; am L 2002, c 155,

§69; am L 2006, c 195, §1]

 

Case Notes

 

  Applies to repeat offenders and to defendants being sentenced

at a single proceeding.  751 F. Supp. 1420.

  Borrower of a vehicle cannot assert a good-faith defense

without at least inquiring of the owner whether or not the vehicle is insured. 

71 H. 178, 787 P.2d 214.

  Where State conceded that appellant had borrowed uninsured

vehicle from a friend, in order to defeat lack of knowledge defense, State was

required to prove beyond reasonable doubt that appellant actually knew that the

vehicle was uninsured at the time appellant was operating it.  78 H. 86, 890

P.2d 673.

  As §571-1 mandates against treating juvenile adjudications as

convictions, appellate court erred in holding that defendant's prior juvenile

adjudication of driving without no-fault insurance constituted a conviction for

purposes of applying the repeat offender sentencing provisions of this section

(1993) to defendant's subsequent offense of driving without no-fault

insurance.  92 H. 521, 993 P.2d 555.

  Section mandates that an insurer be fined if it violates

§431:10C-207 but gives the commissioner some discretion as to the amount of the

fine; commissioner's imposition of $3,000 fine was not an abuse of discretion

as it satisfied the statutory requirements.  104 H. 261, 88 P.3d 196.

  Certified copy of a person's traffic abstract is satisfactory

evidence to establish the person's prior no no-fault insurance conviction;

State not required to show defendant was counseled at time of prior no no-fault

insurance conviction; there was insufficient proof of defendant's prior

conviction to support enhanced sentence for no no-fault insurance offense,

where record disclosed no evidence to tie defendant with [person with the same

name] of the traffic abstract.  9 H. App. 516, 852 P.2d 476.

  Pursuant to §431:10C-117(a)(2) (1992) good faith defense and

§431:10C-117(a)(2)(C) (1992) reasonable belief defense, borrower of a motor

vehicle has a statutory right to reasonably believe that borrowed motor vehicle

is insured.  If one or more relevant facts reasonably required borrower to

inquire, borrower then had a duty to inquire until borrower reasonably believed

that motor vehicle was insured.  10 H. App. 519, 879 P.2d 566.

  It was the "obvious intention" of the legislature

to authorize the retroactive application of the part of Act 167, L 1990, that

authorized the sentencing court the discretion to impose a sentence of

community service instead of a fine.  77 H. 476 (App.), 888 P.2d 376.

  Where defendant was sentenced pursuant to subsection (a)(2),

because the district court may have been unaware of the applicability of quoted

parts of §§706-641 and 706-642 and of its discretionary authority to sentence

defendant to perform community service rather than to pay the fine, appellate

court vacated the part of the sentence ordering defendant to pay a $1,000 fine

and remanded that part for resentencing.  77 H. 476 (App.), 888 P.2d 376.

  An officer who has grounds to arrest individual for driving

without no-fault insurance is required to issue summons or citation in lieu of

physically taking defendant to police station or court.  78 H. 98 (App.), 890

P.2d 685.

  When trial court revoked driver's suspended sentence, it

lacked authority to do so where the State, despite knowledge that driver had

been arrested for another no-motor-vehicle-insurance charge, did not move to

revoke driver's suspended sentence within the suspended sentence period, and

driver was not convicted of the second citation charge until after the

suspended sentence period for the first citation had already expired.  106 H.

391 (App.), 105 P.3d 1197.