ATV Riding Laws – Hawaii

Hawaii hasn’t implemented any state laws pertaining to ATV riding, nor is there a designated agency that regulates it. The state has among the lowest fatality rates related to all-terrain vehicle accidents. From 1982 to 2015, there were 21 deaths, based on data from the Consumer Product Safety Commission.

Police have acted on illegal ATV activity without specific laws to guide them. In 2008, the Honolulu Adviser reported that law enforcement officials on the Wai’anae Coast were cracking down on illegal driving on roads, beaches, and shorelines. The actions followed years of complaints about environmental harm, reckless use on roads, and aggressive actions at beach parks.

That year, six ATVs were seized. Police also issued dozens of citations, fining owners who were caught riding on highways and in parks. Many were stopped for ignoring stop signs.

According to the Department of Motor Vehicles, all-terrain vehicle operators do not have to register with the state, and there are no licensing regulations either. Even though state laws are lacking, drivers can be cited if they go on public roads or beaches. Designated areas for off-road riding are found on all of the Hawaiian Islands, so ATV owners are urged to ask where these are so they don’t break any laws that pertain to riding where they shouldn’t.

Proposals for Legislation

In 2008 and 2014, Senate bills were proposed. The first proposal would have given police the authority to issue criminal citations to and arrest all-terrain vehicle drivers who break the law. It would also have allowed them to impound the vehicles. Proposed Senate Bill 2726, introduced in January 2016, allows farmers to drive on state roads if their vehicle has two seats and are used as farming equipment, making it simpler to go between pastures.

Concerns with Enforcement

Police have been more assertive in addressing problematic ATV operators. However, chasing drivers who aim to get away at high speeds is dangerous. The vehicles are prone to flipping, crashing, and catching fire. A man in Wai’anae was killed in a crash, and another broke his neck after turning over, in 2006. Fleeing police isn’t the only way operators are being put in danger. In 2012, an 81-year-old religious leader was killed when he didn’t see oncoming traffic and his ATV collided with a sedan. He was not wearing a helmet, according to reports. In January 2016, three people were injured in an all-terrain vehicle accident and sent to the Hilo Medical Center for treatment.

The use of these vehicles affects the safety of operators, motorists, and people nearby. Hawaii has not traditionally regulated their use, but recent law enforcement and legislative decisions are changing how ATVs are perceived and managed.