The 8-year-old boy driving the all-terrain vehicle that crashed Tuesday evening and killed Maxim Beregovoy, 13, of Kailua-Kona in North Kona was the victim’s brother.
Area II Traffic Enforcement Unit Sgt. Thomas Koyanagi informed the Honolulu Star-Advertiser on Thursday that after a thorough review of the circumstances surrounding the traffic collision, neither the parents of Beregovoy nor the 8-year-old driver will face any criminal charges.
“This decision was made after consulting with the prosecutor’s office, which took into consideration all available evidence and the applicable laws,” Koyanagi said. “The loss of a young life is devastating, and while no criminal charges will be pursued, this incident serves as a somber reminder of the importance of ensuring that children are not placed in potentially dangerous situations when operating these types of vehicles.”
Beregovoy’s brother was driving an orange Kubota RTV X900 around 5:45 p.m. on Puukala Road when the vehicle veered off the roadway, struck a rock embankment and overturned, according to Hawaii island police.
Beregovoy, who was a passenger, was ejected from the vehicle and later pronounced dead at Kona Community Hospital at 7 p.m Tuesday. The 8-year-old driver sustained minor injuries and was treated at the scene before being released.
Koyanagi said RTVs and similar vehicles on public lands or roads are generally restricted to people with valid driver’s licenses, and specific age restrictions may apply based on the vehicle manufacturer’s guidelines, typically setting the minimum age at 16.
The state Department of Transportation reported that in 2023 there were two major crashes involving recreational vehicles like rugged terrain vehicles on publicly traversable roads in Hawaii County, with a total of seven statewide.
As of Thursday this year, Hawaii County has recorded two major crashes, while the statewide total has reached 12.
In Hawaii the operation of motor vehicles, including off-road vehicles like all- terrain vehicles, utility task vehicles, RTVs and dirt bikes, is governed by state law. While traffic laws are primarily enforced on public roads, specific regulations also may apply to vehicle operation on private property, particularly regarding safety.
According to Hawaii Revised Statutes Chapter 291C, traffic laws establish guidelines for vehicle operation, but local ordinances may impose additional rules concerning off-road vehicles on private land. Unlike public roads, there are no explicit statewide regulations regarding the minimum age for operating these vehicles on private property. However, safety concerns and liability issues remain paramount, especially when minors are involved.
For operations on public lands or roads, ATVs and similar vehicles typically require operators to possess a valid driver’s license. Age restrictions can vary according to the vehicle manufacturer, with a common minimum age of 16 years.
While private property might have fewer legal restrictions, it is crucial for people — especially minors — to adhere to manufacturer warnings regarding age limits, wear appropriate safety gear and practice safe operating procedures. Failing to do so could result in civil liability and potential criminal charges for property owners in the event of an accident.
A GoFundMe page (gofundme.com/f/maxim-beregovoy) was created Wednesday morning to support funeral services for Beregovoy, surpassing its initial goal of $10,000 and reaching nearly $18,000.
According to the Go FundMe page, Beregovoy was the eldest of seven children of Eugene and Olesya Beregovoy, with siblings ranging in age from 12 years to just 11 days old.
“He was a sweet, caring, and incredibly smart boy with a bright future,” Go FundMe organizer Anne Beregovoy wrote about Maxim. “His hobbies included exploring the great outdoors, doing science experiments, and designing projects that let him learn and satisfy his genuine curiosity.
“He will be missed terribly, as everyone who knew him loved him dearly,” she wrote.
