§291C-102 Noncompliance with speed limit prohibited. (a) No person shall drive a vehicle at a speed greater than a maximum speed limit and no person shall drive a motor vehicle at a speed less than a minimum speed limit established by county ordinance.

(b) The director of transportation with respect to highways under the director's jurisdiction may place signs establishing maximum speed limits or minimum speed limits. Such signs shall be official signs and no person shall drive a vehicle at a speed greater than a maximum speed limit and no person shall drive a motor vehicle at a speed less than a minimum speed limit stated on such signs.

(c) If the maximum speed limit is exceeded by more than ten miles per hour, a surcharge of $10 shall be imposed, in addition to any other penalties, and shall be deposited into the neurotrauma special fund.

(d) In addition to the penalties prescribed by section 291C-161 and the surcharge imposed pursuant to subsection (c), the driver's license and privilege to operate a vehicle of a person who violates this section by operating a vehicle at a speed exceeding ninety miles per hour may be ordered revoked by the court for a period not to exceed five years. [L 1971, c 150, pt of §1; am L 1984, c 273, §8; gen ch 1985; am L 2002, c 160, §10; am L 2004, c 102, §2]

Case Notes

Speeding law not criminal, therefore, not assimilated under the Assimilative Crimes Act. 900 F.2d 1346.

In prosecution under this section, prosecutor has burden of proving that speed limit was established in one of ways specified in this section. 57 H. 277, 554 P.2d 767.

Tuning fork used to calibrate radar gun was itself accurately calibrated. 70 H. 580, 779 P.2d 11.

Where trial court properly took judicial notice of the speed limit, as required by HRE rule 202(b), there was sufficient evidence to find motorist guilty of violating subsection (a). 95 H. 22, 18 P.3d 884.

Defendant was effectively put on notice of allegedly exceeding speed limit established by county ordinance. 9 H. App. 73, 823 P.2d 154.

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