Seat belts, child seats and phone laws in Hawaii

By the end of this topic you can

• You can make sure every person in your car is legally restrained.
• You can choose the right type of child restraint for a child's age and height.
• You can explain what counts as using a mobile device while driving.
• You can state the phone rules that apply to drivers under 18.
• You can set up your car before driving to avoid distractions.

What you need to know and understand

• The driver and all front and back seat passengers must wear seat belts. Children under 10 must use the restraint the law requires.
• A seat belt violation is a $45 fine plus surcharges.
• Children under 2 must ride rear-facing in a harnessed child seat. Ages 2 and 3 use a harnessed seat, rear or forward-facing.
• Ages 4 to 9 need a harnessed seat or booster, unless they are 7 or older, over 4 feet 9 inches and correctly using a lap and shoulder belt.
• No driver may hold a mobile device while driving, including while stopped at a light or stop sign.
• Drivers under 18 may not use hands-free devices either, except to call 911.
• A phone violation costs $300, or $400 in a school zone or construction area.
• Hawaii law prohibits leaving a child under nine unattended in a vehicle for five minutes or longer.

Child restraints by age

The driver is responsible for restraining children. A first child restraint offense brings a fine of up to $100 and a safety class, and repeat offenses within three years cost more.

• Under 2: rear-facing child seat with a harness.
• Age 2 to 3: rear-facing or forward-facing child seat with a harness.
• Age 4 to 9: child seat with harness or a booster seat.
• Age 7 to 9 exception: a lap and shoulder belt is enough if the child is over 4 feet 9 inches tall and the belt fits correctly.

What the phone law covers

Hawaii bans driving while holding a mobile electronic device. That includes phones, tablets, laptops, games and cameras. The ban applies while you are moving and while you are stopped in traffic, at a red light or at a stop sign. Built-in navigation systems are not covered.

You may use a device if you have stopped in a safe place at the side of the road, out of traffic, with the engine off. Calling 911 in an emergency is a defense. For drivers under 18, even hands-free calls are banned, so permit and provisional drivers should keep the phone out of reach.

Other distractions to cut out

1. Set your music, mirrors, seat and navigation before you move off.
2. Put your phone on silent or do-not-disturb and out of reach.
3. Keep the volume low enough to hear sirens and horns. The manual advises against headsets or earphones that cover both ears.
4. Do not eat, groom or search for items while driving.
5. Keep pets in a carrier, never on the driver's lap.
6. If you need to read directions or take a call, pull over safely first.

Common mistakes

• Picking up the phone at a red light. The law still applies when you are stopped in traffic.
• Assuming hands-free is fine for a 17-year-old. It is banned under 18.
• Moving a 5-year-old into a plain seat belt. Under the law they still need a booster or harnessed seat.
• Starting the car before everyone is buckled. Check belts before you move.

Test yourself: Seat belts, child seats and phone laws in Hawaii

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Hawaii Permit Practice Test
• Driving in Hawaii on an Out-of-State or Foreign License
• Hawaii Driver’s Ed Requirement for Under 18s