Hello.
First of all, I must state that Google Answers provides general
information and should in no way be considered a substitute for
professional legal advice. You or your passenger should consult with
an attorney if you have been accused of violating Hawaii's vehicle
laws.
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Hawaii's motor vehicle laws prohibit you from keeping empty beer cans
in your car unless the empty cans are stored in the trunk or other
area of the vehicle not considered part of the passenger compartment.
You could have a can of beer in the vehicle so long as it had not been
"opened, or a seal broken, or the contents... partially removed or
fully removed."
The language of the law is broad enough that both the driver and
passenger could conceivably be charged with violating the law if they
were driving around with open beer cans.
Here's the law:
§291-3.3 Storage of opened container containing intoxicating liquor
or consumption at scenic lookout.
(a) No person shall keep in a motor vehicle, or on a moped when such
vehicle or moped is upon any public street, road, or highway or at any
scenic lookout, any bottle, can, or other receptacle containing any
intoxicating liquor which has been opened, or a seal broken, or the
contents of which have been partially removed or fully removed, unless
such container is kept in the trunk of the vehicle, or kept in some
other area of the vehicle not normally occupied by the driver or
passengers, if the vehicle is not equipped with a trunk. A utility or
glove compartment shall be deemed to be within the area occupied by
the driver and passengers.
(b) No person shall consume any intoxicating liquor at any scenic
lookout.
(c) Subsection (a) shall not apply to a recreational or other vehicle
not having a separate trunk compartment.
(d) Any person violating this section shall be guilty of a violation.
[L 1981, c 152, pt of §1; am L 1986, c 171, §5; am L 1987, c 33, §9;
am L 2000, c 62, §3]
source: Hawaii Revised Statutes
http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0003.htm
Also:
§291-3.2 Consuming or possessing intoxicating liquor while a
passenger in a motor vehicle. (a) No person shall consume any
intoxicating liquor while a passenger in any motor vehicle or on any
moped upon any public street, road, or highway.
(b) No person shall possess, while a passenger in a motor vehicle or
on a moped upon any public street, road, or highway, any bottle, can,
or other receptacle containing any intoxicating liquor which has been
opened, or a seal broken, or the contents of which have been partially
removed.
(c) Any person violating this section shall be guilty of a petty
misdemeanor. [L 1981, c 152, pt of §1; am L 1986, c 171, §4; am L
1987, c 33, §8; am L 2000, c 62, §2]
source: Hawaii Revised Statutes
http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0002.htm
Also see:
HAWAII REVISED STATUTES CHAPTER 291
http://www.mauimapp.com/government/hrs291.htm
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Seatbelts
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As the driver in Hawaii, you're prohibited from operating a vehicle
unless you're wearing a seat belt and all of your passengers under 14
are either wearing seatbelts or in child safety seats (if they're
under 4).
Passengers 15 or older are required to wear seat belts as well if
they're in the front seat. Passengers age 15 to 17 also must wear seat
belts in the back seat.
However, it does not appear that you, as the driver, are prohibited
from operating vehicle if one of your passengers 15 or older is not
wearing a seat belt. In other words, if your passenger 15 or older
isn't wearing a seat belt, he's the one violating the law, not you.
source:
§291-11.6 Mandatory use of seat belts, when, penalty. (a) Except as
otherwise provided by law, no person:
(1) Shall operate a motor vehicle upon any public highway unless the
person is restrained by a seat belt assembly and any passengers in the
front or back seat of the motor vehicle are restrained by a seat belt
assembly if between the ages of four and fourteen, or are restrained
pursuant to section 291-11.5 if under the age of four;
(2) If fifteen years of age or more shall be a passenger in the front
seat of a motor vehicle being operated upon any public highway unless
such person is restrained by a seat belt assembly; and
(3) If between the ages of fifteen and seventeen, shall be a passenger
in the back seat of a motor vehicle being operated upon any public
highway unless such person is restrained by a seat belt assembly.
...
...
(e) [2002 amendment effective January 1, 2003.] A person who fails to
comply with the requirements of this section shall be subject to a
fine of $45 for each violation and a surcharge of $10 which shall be
deposited into the neurotrauma special fund. [L 1985, c 235, §1; am L
1986, c 40, §1 and c 238, §1; am L 1987, c 266, §1; am L 1988, c 223,
§1; am L 1997, c 60, §5; am L 2000, c 294, §1; am L 2002, c 160, §6]
source: Hawaii Revised Statutes
http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0011_0006.htm
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search strategy:
hawaii, statutes, "opened container", vehicle
hawaii, statutes, "seat belt", vehicle
I hope this helps. |
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