Seat Belts and Car Seats
HRS 291-11.5 and HRS 291-11.6 — every seat belted, a child seat or booster under ten, and a $45 fine
No one drives on a public highway unless the driver is belted and every passenger, front seat and back, is belted, or restrained in a child passenger restraint if under ten.
Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
- A violation is a $45 fine and a $10 neurotrauma surcharge, and may carry up to $10 more for the trauma system fund.
- No one violates the section in a vehicle not required to have belts and not fitted with them, where every available belt is in use, with a condition certified by a physician, a physician assistant or an advanced practice registered nurse, or while driving a metered taxicab carrying passengers.
- Emergency vehicles and mass transit vehicles are exempt for their passengers.
| Child's age | Restraint the driver ensures |
|---|---|
| Child's ageUnder two | Restraint the driver ensuresA rear-facing child passenger restraint with harness |
| Child's ageTwo and three | Restraint the driver ensuresA rear-facing or forward-facing child passenger restraint with harness |
| Child's ageFour to nine | Restraint the driver ensuresA child passenger restraint with harness, or a booster seat |
| Child's ageSeven to nine, over four feet nine inches tall | Restraint the driver ensuresA lap and shoulder belt, worn correctly, is enough |
| Child restraint conviction | What it carries |
|---|---|
| Child restraint convictionA first | What it carriesA fine of up to $100, a safety class of up to four hours, a $50 driver education assessment and a $10 surcharge |
| Child restraint convictionA second within three years | What it carriesA fine of $250 to $500, and the class and assessment if not taken before |
| Child restraint convictionA third or later within three years | What it carriesA fine of $500 to $800, and the class and assessment if not taken before |
Sources for this section (2)
- HRS 291-11.5 — Child passenger restraints
- HRS 291-11.6 — Mandatory use of seat belts, when, penalty
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.