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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.

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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.
  • HRS 291-11.6
Child's ageRestraint the driver ensures
Child's ageUnder twoRestraint the driver ensuresA rear-facing child passenger restraint with harness
Child's ageTwo and threeRestraint the driver ensuresA rear-facing or forward-facing child passenger restraint with harness
Child's ageFour to nineRestraint the driver ensuresA child passenger restraint with harness, or a booster seat
Child's ageSeven to nine, over four feet nine inches tallRestraint the driver ensuresA lap and shoulder belt, worn correctly, is enough
  • HRS 291-11.5
Child restraint convictionWhat it carries
Child restraint convictionA firstWhat 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 yearsWhat it carriesA fine of $250 to $500, and the class and assessment if not taken before
Child restraint convictionA third or later within three yearsWhat it carriesA fine of $500 to $800, and the class and assessment if not taken before
  • HRS 291-11.5
Sources for this section (2)
  1. HRS 291-11.5 — Child passenger restraints
  2. 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.

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