Sections
Part I Operation 291-1 – 291-17
Part II Equipment 291-21 – 291-39
Part III Parking for Disabled Persons 291-51 – 291-60
Part IV Parking for Electric Vehicles 291-71 – 291-73

Terms Used In Hawaii Revised Statutes > Chapter 291 - Traffic Violations

  • Access aisle: means the area that is adjacent to a parking space reserved for a person with a disability and that is to be used exclusively by that person for the purpose of entering and exiting a vehicle. See Hawaii Revised Statutes 291-51
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficial owner: includes , but is not limited to, any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise has or shares the power to vote or direct the voting of a security or the power to dispose of, or direct the disposition of, the security. See Hawaii Revised Statutes 417E-1
  • Benefit director: means the director designated as the benefit director of a sustainable business corporation under § 420D-7. See Hawaii Revised Statutes 420D-2
  • Benefit officer: means the individual designated as the benefit officer of a sustainable business corporation under § 420D-9. See Hawaii Revised Statutes 420D-2
  • Bequest: Property gifted by will.
  • Broker-dealer: means a "broker-dealer" as defined in § 485A-102. See Hawaii Revised Statutes 417E-1
  • Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
  • Certificate of disability: means a medical statement issued by a licensed practicing physician, physician assistant, or advanced practice registered nurse that verifies that a person is disabled, limited, or impaired in the ability to walk. See Hawaii Revised Statutes 291-51
  • Chambers: A judge's office.
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Hawaii Revised Statutes 490:2A-103
  • Commissioner: means the commissioner of securities as provided for in chapter 485A. See Hawaii Revised Statutes 417E-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Hawaii Revised Statutes 490:2A-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Hawaii Revised Statutes 490:2-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Devise: To gift property by will.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 415A-2
  • Disability parking permit: means a removable windshield placard, special license plate, temporary removable windshield placard, or disabled paid parking exemption permit. See Hawaii Revised Statutes 291-51
  • Disabled paid parking exemption permit: means a permit to be displayed on a dashboard or contained elsewhere on the vehicle, a code, or a two-sided, hanger style placard that indicates that the individual to whom the permit, code, or placard is issued pursuant to this part is licensed to drive a motor vehicle and not able to reach or operate a parking meter or unattended pay station because of a physical disability. See Hawaii Revised Statutes 291-51
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualified person: means any natural person, corporation, partnership, fiduciary, trust, association, government agency, or other entity which for any reason is or becomes ineligible under this chapter to own shares issued by a professional corporation. See Hawaii Revised Statutes 415A-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Equity security: means any stock or similar security; or any security convertible, with or without consideration, into such a security; or carrying any warrant or right to subscribe to or purchase such a security; or any such warrant or right; or any other security which the commissioner deems to be of similar nature and considers necessary or appropriate, by such rules as the commissioner may prescribe in the public interest and for the protection of investors, to treat as an equity security. See Hawaii Revised Statutes 417E-1
  • Executor: A male person named in a will to carry out the decedent
  • Fault: means wrongful act, omission, breach, or default. See Hawaii Revised Statutes 490:2A-103
  • Finance lease: means a lease with respect to which:

              (i)  The lessor does not select, manufacture, or supply the goods;

             (ii)  The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

            (iii)  One of the following occurs:

                   (A)  The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

                   (B)  The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

                   (C)  The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

                   (D)  If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Hawaii Revised Statutes 490:2A-103

  • Flatrack: means an open-sided platform mounted on a chassis without motive power designed to be drawn by a motor vehicle and used to carry property. See Hawaii Revised Statutes 291-21.3
  • General public benefit: means a material positive impact on society and the environment, taken as a whole and as measured by a third-party standard under § 420D-12, from the business and operations of a sustainable business corporation. See Hawaii Revised Statutes 420D-2
  • Glazing material: means any glass, plastic, or like material, manufactured for use in or on a vehicle, including but not limited to windshields, window openings, or interior partitions. See Hawaii Revised Statutes 291-21.3
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 490:2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Hawaii Revised Statutes 490:2A-103
  • Independent: means having no material relationship with a sustainable business corporation or any of its subsidiaries. See Hawaii Revised Statutes 420D-2
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • International symbol of access: means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled. See Hawaii Revised Statutes 291-51
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intoxicating liquor: means the same as the term is defined in § 281-1. See Hawaii Revised Statutes 291-1
  • Invalid disability parking permit: means an expired or voided removable windshield placard, temporary removable windshield placard, special license plates, or disabled paid parking exemption permit. See Hawaii Revised Statutes 291-51
  • Issuing agency: means the disability and communication access board. See Hawaii Revised Statutes 291-51
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 490:2A-103
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Hawaii Revised Statutes 490:2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Hawaii Revised Statutes 490:2A-103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Hawaii Revised Statutes 490:2A-103
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensing authority: means the officer, board, agency, court, or other authority in this State which has the power to issue a license or other legal authorization to render a professional service. See Hawaii Revised Statutes 415A-2
  • Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Hawaii Revised Statutes 490:2A-103
  • Light transmittance: means the ratio of the amount of total visible light, expressed in percentages, which is allowed to pass through the product or material, including the glazing material, to the amount of total visible light falling on the product or material and the glazing material. See Hawaii Revised Statutes 291-21.3
  • Material relationship: means a relationship between a person and a sustainable business corporation where:

         (1)  The person is, or has been within the last three years, an employee other than a benefit officer of the sustainable business corporation or any of its subsidiaries;

         (2)  The person is related by blood, marriage, or adoption to; is a party to a civil union with; is a reciprocal beneficiary or household member of; or resides with an officer other than a benefit officer or director of the sustainable business corporation or any of its subsidiaries; or

         (3)  The person or an association of which the person is a director, officer, or manager or in which the person owns beneficially or of record five per cent or more of the outstanding equity interests or the outstanding shares of the sustainable business corporation; provided that percentage ownership in an association shall be calculated as if all outstanding rights to acquire equity interests in the association had been exercised. See Hawaii Revised Statutes 420D-2

  • Minimum status vote: means that in addition to any other approval or vote required by this chapter or the bylaws adopted by the shareholders:

         (1)  The holders of shares of every class or series shall be entitled to vote on the corporate action regardless of any limitation stated in the articles of incorporation or bylaws on the voting rights of any class or series; and

         (2)  The corporate action shall be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast thereon. See Hawaii Revised Statutes 420D-2

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offeree: means the beneficial owner, residing in Hawaii, of equity securities which an offeror offers to acquire in connection with a take-over offer. See Hawaii Revised Statutes 417E-1
  • Offeror: means a person who makes or in any way participates in making a take-over offer. See Hawaii Revised Statutes 417E-1
  • Other entity: includes a domestic or foreign corporation, whether organized for profit or not, a domestic or foreign limited liability company, general partnership, limited partnership, or limited liability partnership. See Hawaii Revised Statutes 415A-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parking space reserved for persons with disabilities: means a public or private parking space, including the access aisle, designated for the use of a person with a disability that is designed and constructed in compliance with the requirements of the federal Americans with Disabilities Act of 1990, as

    amended, and related rules and guidelines, and is marked with a sign designating the parking space as reserved for persons with disabilities. See Hawaii Revised Statutes 291-51

  • Person with a disability: means a person with a disability that limits or impairs the ability to walk, and who, as determined by a licensed practicing physician, physician assistant, or an advanced practice registered nurse:

         (1)  Cannot walk two hundred feet without stopping to rest, and who has been diagnosed with:

              (A)  An arthritic, neurological, orthopedic, renal, vascular, or oncological condition;

              (B)  Lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or

              (C)  A cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association; and

         (2)  Because of a condition identified in paragraph (1):

              (A)  Cannot walk two hundred feet under the person's own power without stopping to rest;

              (B)  Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or

              (C)  Uses portable oxygen. See Hawaii Revised Statutes 291-51

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Private entity: means a private owner or lessee of a parking facility or site where invitation to the general public is expressed or implied. See Hawaii Revised Statutes 291-51
  • Private parking: means a privately owned parking facility or site where invitation to the general public is expressed or implied. See Hawaii Revised Statutes 291-51
  • Professional corporation: means a domestic professional corporation for profit subject to this chapter. See Hawaii Revised Statutes 415A-2
  • Professional service: means any service that lawfully may be rendered only by persons licensed under chapters 442, 448, 453, 455, 457, 459, 461, 463E, 465, 466, 471, and 605. See Hawaii Revised Statutes 415A-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Hawaii Revised Statutes 490:2A-103
  • Qualified person: means an individual who is eligible under this chapter to own shares issued by a professional corporation. See Hawaii Revised Statutes 415A-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Removable windshield placard: means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies that the applicant's disability is expected to last for at least six years. See Hawaii Revised Statutes 291-51
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Scenic lookout: includes any area within or adjoining a public street, road, or highway which is intended for use by motorists as a stopping or parking area attendant to the enjoyment of the surrounding scenery or a view. See Hawaii Revised Statutes 291-1
  • Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sign designating the parking space as reserved for persons with disabilities: means a sign which contains:

         (1)  The words, "Reserved Parking";

         (2)  The international symbol of access;

         (3)  Words indicating that the space is reserved for parking by persons with disabilities who have valid placards or special license plates; and

         (4)  The maximum fine for parking illegally in the space. See Hawaii Revised Statutes 291-51

  • Special license plate: means a license plate that displays the international symbol of access:

         (1)  In a color that contrasts to the background; and

         (2)  In the same size as the letters or numbers on the plate. See Hawaii Revised Statutes 291-51

  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Hawaii Revised Statutes 490:2A-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sun screening devices: means products or materials used or designed to be used in conjunction with glazing materials for the purpose of reducing the effects of the sun, including, but not limited to tinting films and perforated sun screening materials, but excluding louvered materials. See Hawaii Revised Statutes 291-21.3
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Hawaii Revised Statutes 490:2A-103
  • Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Hawaii Revised Statutes 490:2A-103
  • Sustainable business corporation: means a domestic corporation, incorporated under chapter 414, that has elected to also become subject to this chapter and whose status as a sustainable business corporation has not been terminated as provided in this chapter. See Hawaii Revised Statutes 420D-2
  • Take-over offer: means the offer to acquire any equity securities of a target company from a resident of this State pursuant to a tender offer or request or invitation for tenders, if after the acquisition of all securities acquired pursuant to the offer either the offeror would be directly or indirectly a beneficial owner of more than ten per cent of any class of the outstanding equity securities of the target company; or the beneficial ownership by the offeror of any class of the outstanding equity securities of the target company would be increased by more than five per cent, provided that this does not apply if after the acquisition of all securities acquired pursuant to the offer, the offeror would not be directly or indirectly a beneficial owner of more than ten per cent of any class of the outstanding equity securities of the target company. See Hawaii Revised Statutes 417E-1
  • Target company: means an issuer of publicly traded equity securities which is organized under the laws of the State or has at least twenty per cent of its equity securities beneficially held by residents of this State, and has substantial assets in this State. See Hawaii Revised Statutes 417E-1
  • Temporary removable windshield placard: means a two-sided, hanger-style placard issued under this part to a person with a disability who presents a certificate of disability that verifies the person's disability in monthly increments, which shall not exceed six months. See Hawaii Revised Statutes 291-51
  • Third-party standard: means a standard for defining, reporting, and assessing overall corporate social and environmental performance that conforms to the requirements of this chapter. See Hawaii Revised Statutes 420D-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.