Hawaii driving laws
The rules your permit test asks about, in plain English. Each one is quoted from Hawaii’s statutes or an official DOT page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- No Hawaii driver may hold a phone or other mobile electronic device while driving, even when stopped at a light or in traffic.
- Alcohol and drugs (DUI)
- Driving with a BAC of .08 or more is OUI in Hawaii.
- Seat belts and child seats
- The driver and every passenger, front and back, must be buckled.
- Speed limits
- Hawaii's statutes set no default numeric speed limits.
Phones and texting
No Hawaii driver may hold a phone or other mobile electronic device while driving, even when stopped at a light or in traffic; adults may use hands-free. Drivers under 18 may not use even a hands-free device, except to call 911.
Official wording (5 sources)
“No person shall operate a motor vehicle while using a mobile electronic device.”
data.capitol.hawaii.gov“"Use" or "using" means holding a mobile electronic device while operating a motor vehicle.”
data.capitol.hawaii.gov“including operation while temporarily stationary because of traffic, a traffic light, or a stop sign.”
data.capitol.hawaii.gov“No person under eighteen years of age shall operate a motor vehicle while utilizing a hands-free mobile electronic device, except for the sole purpose of making a "911" emergency communication.”
data.capitol.hawaii.gov“Every person who violates this section shall be subject to a fine of $300 that shall be deposited into the state highway fund; provided that if a person violates this section while operating a motor vehicle in a school zone or construction area, as defined in section 291C-104, the fine shall be $400”
data.capitol.hawaii.gov
Alcohol and drugs (DUI)
Driving with a BAC of .08 or more is OUI in Hawaii; drivers under 21 violate the law at .02 or more, and commercial drivers at .04. Refusing a test after an OUI arrest brings an administrative revocation of 2, 4 or 8 years, double the normal period.
Official wording (10 sources)
“With .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood.”
data.capitol.hawaii.gov“It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol.”
data.capitol.hawaii.gov“"Measurable amount of alcohol" means a test result equal to or greater than .02 but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of blood”
data.capitol.hawaii.gov“Driving a commercial motor vehicle while the alcohol concentration of the driver's blood is 0.04 or more grams of alcohol per two hundred ten liters of breath or 0.04 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood;”
data.capitol.hawaii.gov“the revocation imposed under subsection (b)(1), (2), or (3) shall be for a period of two years, four years, or eight years, respectively.”
data.capitol.hawaii.gov“A one year revocation of license to operate a vehicle, if the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the ten years preceding the date the notice of administrative revocation was issued;”
data.capitol.hawaii.gov“For a first suspension, or any suspension not preceded within a five-year period by a suspension under this section, for a period of twelve months;”
data.capitol.hawaii.gov“A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable programs deemed appropriate by the court;”
data.capitol.hawaii.gov“Revocation of license to operate a vehicle for no less than one year and no more than eighteen months;”
data.capitol.hawaii.gov“Seventy-two hours of community service work; (ii) No less than forty-eight hours and no more than five days of imprisonment; or (iii) A fine of no less than $250 and no more than $1,000;”
data.capitol.hawaii.gov
Seat belts and child seats
The driver and every passenger, front and back, must be buckled. Children under 10 must ride in a child restraint or booster seat that fits their age, unless they are 7-9, taller than 4 feet 9 inches and correctly belted.
Official wording (6 sources)
“no person shall operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and all passengers in the front or back seat of the motor vehicle are restrained by a seat belt assembly”
data.capitol.hawaii.gov“A fine of $45 for each violation; and (B) A surcharge of $10 that shall be deposited into the neurotrauma special fund;”
data.capitol.hawaii.gov“If the child is under two years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a rear-facing child passenger restraint system with harness”
data.capitol.hawaii.gov“If the child is two years of age or older, but less than four years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a rear-facing or forward-facing child passenger restraint system with harness”
data.capitol.hawaii.gov“If the child is four years of age or older but less than ten years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a child passenger restraint system with harness or booster seat”
data.capitol.hawaii.gov“if the child is correctly restrained by a lap and shoulder seat belt assembly; provided that the child is over four feet and nine inches in height.”
data.capitol.hawaii.gov
Move Over law
When you approach a stopped emergency vehicle, police car, tow truck or similar vehicle with flashing lights, slow to a safe speed and, if it is safe, move over a lane (or two, leaving an empty lane beside it). If you can't change lanes, slow down, stopping first if needed.
Official wording (4 sources)
“Slow down to a reasonable and prudent speed that is safe under the circumstances of an emergency road situation ahead.”
data.capitol.hawaii.gov“If necessary, the driver shall come to a complete stop before making a lane change under paragraph (2); and”
data.capitol.hawaii.gov“Make a lane change into the adjacent lane if necessary and if it is safe to do so, or if possible, to two lanes over which leaves one lane between the driver and the emergency vehicle.”
data.capitol.hawaii.gov“freeway service patrol vehicle, sheriff division vehicle, Hawaii emergency management agency vehicle, county emergency management vehicle, civil defense vehicle, department of transportation harbors division vehicle, department of land and natural resources division of conservation and resources enforcement vehicle, or a tow truck.”
data.capitol.hawaii.gov
School buses
When a school bus is stopped with its red lights flashing, drivers in the bus's lane and in every lane next to it, in either direction, must stop at least 20 feet away until the bus moves and the lights go off. On a divided road, only traffic on the bus's side must stop.
Official wording (4 sources)
“in the lane occupied by the school bus and all lanes adjacent to the lane occupied by the school bus, regardless of the direction of traffic in those lanes, shall stop the driver's vehicle not less than twenty feet from the school bus”
data.capitol.hawaii.gov“shall not proceed until the school bus resumes motion and the visual signals are turned off.”
data.capitol.hawaii.gov“where a highway or road in a residential area has been divided into two or more lanes by an intervening space, a physical barrier, or a clearly indicated dividing section, subsection (a) shall apply to all drivers of motor vehicles in all lanes on the same side as a school bus”
data.capitol.hawaii.gov“Any person who violates this section shall be fined not more than $500 or sentenced to perform community service, or both; provided that any person who violates subsection (a) on a state highway shall be fined not more than $1,000”
data.capitol.hawaii.gov
Speed limits
Hawaii's statutes set no default numeric speed limits; limits are set by county ordinance or by signs posted by the state DOT. Driving 30 mph or more over the limit, or 80 mph or more anywhere, is the crime of excessive speeding.
Official wording (3 sources)
“where the maximum or minimum speed limit is established by county ordinance or by official signs placed by the director of transportation on highways under the director's jurisdiction.”
data.capitol.hawaii.gov“the director of transportation and the counties, in their respective jurisdictions, shall establish maximum speed limits for school zones and construction areas”
data.capitol.hawaii.gov“The applicable state or county speed limit by thirty miles per hour or more; or (2) Eighty miles per hour or more irrespective of the applicable state or county speed limit.”
data.capitol.hawaii.gov
After a crash
If a crash injures or kills anyone, or causes apparent property damage of $3,000 or more in total, the driver must immediately notify the nearest police officer by the quickest means available.
Official wording (2 sources)
“a collision resulting in injury or death of any person or total damage to all property to an apparent extent of $3,000 or more shall immediately by the quickest means of communication give notice of the”
data.capitol.hawaii.gov“shall give the driver's name, address, and the registration number of the vehicle the driver is driving”
data.capitol.hawaii.gov
Insurance
Since January 1, 2026, a Hawaii auto policy must carry at least $40,000 per person and $80,000 per accident for bodily injury and $20,000 for property damage (40/80/20), plus personal injury protection. Motorcycle and motor scooter policies still need 20/40/10.
Official wording (4 sources)
“Liability coverage of not less than $40,000 per person, with an aggregate limit of $80,000 per accident, for all damages arising out of accidental harm sustained as a result of any one accident”
data.capitol.hawaii.gov“Liability coverage of not less than $20,000 for all damages arising out of damage to or destruction of property including motor vehicles and including the loss of use thereof”
data.capitol.hawaii.gov“This Act shall take effect on July 1, 2024; provided that part II shall take effect on January 1, 2026.”
data.capitol.hawaii.gov“Liability coverage of not less than $20,000 per person, with an aggregate limit of $40,000 per accident, for all damages arising out of accidental harm sustained as a result of any one accident; and”
data.capitol.hawaii.gov
Motorcycle helmets
Riders and passengers under 18 must wear a helmet fastened with a chin strap; adults need not, except on a rented moped or motor scooter unless they hold a motorcycle license. Every rider and passenger needs glasses, goggles or a face shield unless the motorcycle has a windscreen or windshield.
Official wording (3 sources)
“No person less than eighteen years of age shall operate or ride as a passenger on a motorcycle or motor scooter on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap.”
data.capitol.hawaii.gov“unless the person and any passenger the person carries on the motorcycle or motor scooter wears: (1) Safety glasses, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with windscreens or windshields;”
data.capitol.hawaii.gov“no person shall operate a moped or motor scooter leased from a rental company on any roadway in the State unless the person wears a safety helmet”
data.capitol.hawaii.gov
Motorcycle permit rules
You can get a Hawaii motorcycle instruction permit at 15 years 6 months, but only after passing a DOT-approved basic motorcycle rider course. The permit lasts one year; you may not ride after dark or carry passengers, and no supervising rider is required.
Official wording (6 sources)
“Any person aged fifteen years and six months or more who, except for the person's lack of instruction in operating a motor vehicle, would be qualified to obtain a driver's license”
data.capitol.hawaii.gov“No person shall be issued a motorcycle instruction permit unless the person successfully completes a basic motorcycle rider course approved by the department of transportation.”
data.capitol.hawaii.gov“to drive a motor vehicle upon the highways for a period of one year;”
data.capitol.hawaii.gov“No holder of a temporary instruction permit shall operate a motorcycle or a motor scooter during hours of darkness or carry any passengers.”
data.capitol.hawaii.gov“Except when operating a motor scooter or motorcycle, the holder of an instruction permit shall be accompanied by a person who is twenty-one years of age or older”
data.capitol.hawaii.gov“The purpose of this Act is to require that applicants for a motorcycle instruction permit successfully complete a basic motorcycle rider”
data.capitol.hawaii.gov
Lane splitting
Lane splitting is illegal in Hawaii: no one may ride a motorcycle between lanes of traffic or between rows of vehicles, and a rider may not pass a vehicle in the same lane. A 2019-2020 trial allowing shoulder riding on designated highways has expired.
Official wording (2 sources)
“No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles”
data.capitol.hawaii.gov“on December 31, 2020, this Act shall be repealed and sections 291C-43, 291C-44, 291C-49, 291C-125, and 291C-153, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day before the effective date of this Act.”
data.capitol.hawaii.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Hawaii Department of Transportation, Highways Division, Motor Vehicle Safety Office.