Haw. Code R. § 20-26-74

Current through September, 2024
Section 20-26-74 - Enforcement; citations

An authorized agent or law enforcement officer shall have the power(s) to issue a citation for any violation of the provisions of this chapter:

(1) Law enforcement officer (s) may use a form of citation that is authorized for use for violations of Hawaii Administrative Rules, ordinances, or Hawaii Revised Statutes;
(2) In every case when a citation is issued, a copy of the same shall be given to the violator or in the case of a parking, standing, or stopping violation a copy of the same shall be affixed to the vehicle, as provided in paragraph (5);
(3) Every citation shall be consecutively numbered and each copy shall bear the number of its respective origin;
(4) Whenever a vehicle is in violation of any provision, other than a parking, standing, or stopping provision, of this chapter, any law enforcement officer and any authorized agent shall take the name, address and driver's license number of the alleged violator and the license plate number of the vehicle or vehicle identification number of the vehicle involved, and shall issue to the alleged violator in writing a citation, notifying the alleged violator to answer to the citation in writing at the address provided and by the date indicated; and
(5) Whenever any motor vehicle is parked, standing, or stopped i n violation of this chapter, an authorized agent or the law enforcement officer finding the vehicle shall conspicuously affix to the vehicle a citation. The citation shall be addressed to the registered owner of the vehicle, but need not identify the registered owner by same, so long as the citation identifies the vehicle by its license plate number or vehicle identification number. The citation shall instruct the registered owner to answer to the citation in writing at the address provided and by the date indicated. The registered owner of a vehicle shall be responsible and accountable for the illegal parking, standing, or stopping of the vehicle when:
(A) The registered owner committed the illegal parking, standing, or stopping of the vehicle; or
(B) Another person committed the illegal parking, standing, or stopping of the vehicle, but the registered owner gave the person explicit or implicit permission to use the vehicle at the time of the violation.

In any proceeding for violation of a parking, standing, or stopping provision of this chapter, the license plate number or vehicle identification number of the parked, standing, or stopped vehicle shall constitute prima facie evidence that the registered owner of the vehicle was responsible and accountable for the illegal parking, standing, or stopping of the vehicle.

Haw. Code R. § 20-26-74

[Eff 1/23/2020] (Auth: HRS § 304A-1903) (Imp: HRS §§ 304A-103, 304A-105, 304A-1903)