HAR §13-242-5. Accident reports not public records

(a) All written reports required in section 13-242-4 to be forwarded to the department by operators or owners of vessels involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential use of the department or other state or federal agencies having use of the records for accident prevention purposes, except that the department may disclose the identity of a person involved in an accident when the person is not otherwise known or when the person denies presence at the accident. (b) No written reports forwarded under section 13-242-4 shall be used as evidence in any trial, civil 242-7 Unofficial Compilation or criminal, arising out of an accident except that the department shall furnish upon demand of any party to the trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if the report has been made, the date, time and location of the accident, the name and address of the operator, the owner of the vessel involved, and the investigating officer. The reports may be used as evidence when necessary to prosecute a violation of section 13-242-6. [Eff 2/24/94] (Auth: HRS §200-24) (Imp: HRS §§200-24, 200-29)