§287-3  Furnishing of operating records.  (a)  The traffic violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all alleged moving violations and any convictions resulting therefrom, arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV, as it was in effect on or before December 31, 2001.  The traffic violations bureaus may collect a fee, not to exceed $20, of which $18 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund.

     (b)  Notwithstanding any provision to the contrary, all alleged moving violations as well as any convictions resulting therefrom or any administrative license suspension pursuant to chapter 291A shall not be included in a certified abstract of the bureaus' record. [L 1949, c 393, pt of §1; RL 1955, §160-82; HRS §287-3; am L 1980, c 84, pt of §1; am L 1982, c 210, §2; am L Sp 1991, c 1, §16; am L 1993, c 135, §2; am L 1994, c 73, §1; am L 1996, c 203, §§3, 9; am L 1999, c 299, §1; am L 2001, c 157, §9; am L 2010, c 64, §1]


Case Notes


  Based on the clear language of subsection (a) and §291-3.3(b), and because §291-3.3(b) does not describe a "moving violation" which arises from the "operation of a motor vehicle", the district court disregarded the statutory requirements and abused its discretion in determining that a violation of §291-3.3(b) was properly included as part of defendant's traffic abstract.  123 H. 293 (App.), 233 P.3d 713 (2010).



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