Hawaii Administrative Code

(a) A reconstructed vehicle shall not be operated on the public highways without a valid reconstructed vehicle permit. (b) A reconstructed vehicle shall not continue to be operated on the public highways without reinspection, approval and issuance of a new reconstructed vehicle p…

(a) Each county, through its chief executive officer, as required by section 286-85, Hawaii Revised Statutes, shall designate a county department to administer this chapter. (b) The designated county department shall be responsible for:(1) The appointment of reconstructed vehicle…

(a) Certain federal regulations, incorporated by reference, apply only to vehicles manufactured on or after dates as specified in the federal regulations. Title 49, Chapter V, parts 566, 567, 568, 571, and 581 of the Code of Federal Regulations, as it existed on October 1, 1982, …

This chapter shall apply to every moped offered for use upon, sold for use upon, or used upon the roadways and highways of the State. Notes Haw. Code R. § 19-135-1 [Eff SEP 15 1986] (Auth: HRS § 291C-202) (Imp: HRS § 291C-202) Comp 1/2/2017 Comp 9/30/2018

(a) The inspection station permit shall be in a form approved by the director. (b) The following information shall appear on the face of the permit: (1) The registered name of the person, partnership, or corporation owning and operating the inspection station; (2) The trade "dba"…

The county agency shall be responsible for: (1) Issuing certificates authorizing persons to conduct moped inspections; (2) Administering written and performance examinations for all applicants; (3) Recording the results of all examinations; (4) Maintaining a record of examination…

(a) Application for moped inspector certification shall be made on a form furnished by the county agency and approved and provided by the director. (b) The applicant shall provide the following on the approved form:(1) Type of application (original, duplicate or renewal); (2) App…

The county agency shall issue official moped safety inspector certificates only to those applicants who meet the following minimum standards: (1) Are able to read and legibly print the English language and Arabic numerals; (2) Are at least eighteen years of age at the time of the…

(a) The official moped inspector certificate shall be of a design approved by the director, and contain the following on the face of the certificate: (1) The name of the person to whom the certificate is issued; (2) The date the certificate is issued; (3) The expiration date of t…

(a) Official moped inspection stations shall be operated in accordance with this chapter. (1) Inspection stations shall be operated with reasonable regard for the convenience of the public; (2) Inspections shall be conducted only at official moped safety inspection stations which…

A moped certificate of inspection, as designated and approved by the director, shall be completed by the moped inspector for each moped inspected. If the moped passes the inspection, a sticker shall be affixed to the rear of the moped. The electronic forms contractor shall mainta…

The county agency shall exercise supervisory control over all inspection stations under its jurisdiction. This supervisory function shall include, but not be limited to the following activities: (1) Issuing any forms as may be required for: (A) The preparation and maintenance of …

The county agency by authority of the director shall suspend or revoke inspection station permits or moped safety inspector certificates when it finds that the inspection station or inspector, as the case may be, is not properly conducting inspections or finds any vehicle as defi…

Certified moped inspectors shall conduct all official moped safety inspections in accordance with this chapter, chapter 19-131 and the following requirements: (1) No person shall act as a certified moped inspector or issue any official moped inspection certificate and sticker unl…

The purpose of this chapter is to establish: (1) Minimum periodic inspection requirements for mopeds; and (2) Procedures concerning the issuance of a certificate of inspection upon satisfactory compliance with certification requirements. Notes Haw. Code R. § 19-135-2 [Eff SEP 15 …

The county agency by authority from the director shall exercise control over all certified moped inspectors under its jurisdiction. This supervisory function shall include, but is not limited to, the following activities: (1) Examining and qualifying all certified moped inspector…

(a) Any moped owner or operator shall be allowed to make an appointment with any public moped inspection station for inspection of a moped. The appointment shall be scheduled within fifteen days after the date of application for inspection. (b) Any moped owner or operator shall n…

An inspection station may refuse to inspect any moped whenever the performance of any component that needs to be inspected cannot readily be determined because of an accumulation of dirt, grease, or other foreign material. Notes Haw. Code R. § 19-135-22 [Eff SEP 15 1986] (Auth: H…

(a) The director shall determine the fee to be paid to the inspection station by the moped owner for the inspection of a moped. This fee shall be the same as the motorcycle fee defined in section 19-133.2-22. (b) When an application for certification of moped safety inspection is…

(a) When a moped fails to pass an inspection for certification in accordance with this chapter, a failure notice shall be issued and the authorized sticker shall not be affixed to the moped. (b) A copy of the failure notice, shall be given to the applicant if the moped fails insp…

(a) When the moped's equipment is inspected pursuant to this chapter, and is found to qualify for certification, a certificate indicating that the vehicle passed inspection and sticker are then automatically printed and the certificate of inspection shall be signed by the certifi…

(a) Inspection stickers which have been lost or stolen may be replaced without reinspection by the inspection station that issued the original inspection certificate and sticker, if the moped owner or operator can furnish proof of inspection and approval, and the loss is reported…

The following original equipment items meeting requirements on the date of manufacture of the moped, plus any additional items subsequently required or permitted to be installed, shall be inspected on all mopeds presented for inspection. (1) Alignment of wheels; (2) Body items; (…

The inspection shall be conducted using the following failure criteria. A moped shall fail the inspection if: (1) The wheel track alignment of the front and back wheels of a two-wheeled moped allows a one-inch off-tracking when moped is moved in a straight line one length of the …

The standards used for moped safety inspection are as follows: (1) 49 CFR Parts 566, 567, and 573 to 577 as they existed on October 1, 2016; (2) Federal Motor Vehicle Safety Standard (FMVSS) Numbers 106 (brake hoses), 108 (lamps and reflectors). 111 (rear view mirror), 119 (tires…

As used in this chapter: "Certified moped inspector" or "inspector" means a person who possesses a current, valid, moped inspector certificate issued by the county agency. "Clockwise" and "counterclockwise" mean opposing directions of rotation around the following axes, as applic…

If any portion of this chapter is held invalid for any reason, the invalidity shall not affect the validity of the remainder of this chapter. Notes Haw. Code R. § 19-135-30 [Eff SEP 15 1986] (Auth: HRS § 291C-202) (Imp: HRS § 291C-202) Comp 1/2/2017 Am and Comp 9/30/2018…

All mopeds shall be inspected and certified once every twelve months. Notes Haw. Code R. § 19-135-4 [Eff SEP 15 1986] (Auth: HRS § 291C-202) (Imp: HRS § 291C-202) Comp 1/2/2017 Comp 9/30/2018

(a) By authority of the director, each county shall designate a county agency to administer and enforce this chapter with respect to the certification of inspection stations and inspectors in that county. (b) The county agency shall be responsible for: (1) Issuing permits for and…

The county agency shall be responsible for the following duties with respect to the application for an official moped inspection station permit: (1) Issuing permits designating each inspection station that meets the minimum standards required by this chapter to conduct moped insp…

There shall be two types of inspection station permits to be designated as: (1) Public permits - to conduct inspections on any moped that requires inspection; or (2) Private permits - to conduct inspections only on those mopeds which are owned by the owner and operator of the off…

(a) Each applicant for certification as an inspection station shall comply with the procedures set forth in this section. (b) Application for the permit shall be made on an official form approved by the director and furnished by the county agency. (c) The applicant shall provide …

(a) The county agency shall issue inspection station permits only to those applicant stations which have been certified by the county agency as meeting the standards set forth in this section. (b) Each inspection station serving the public shall have a certified moped inspector s…

The purpose of this chapter is to establish a system for the detection of persons driving under the influence of alcohol and to implement section 286-151, Hawaii Revised Statutes. Notes Haw. Code R. § 19-136-1 [Eff NOV 15 1984] (Auth: HRS § 286-151) (Imp: HRS § 286-151)

As used in this chapter, unless the context clearly indicates otherwise: "Director" means the director of transportation or an authorized representative. "State" means the State of Hawaii. "State or county agency having jurisdiction" means the state or county department or agency…

The instrument or intoxilyzer to be used in the test of breath samples to determine the alcoholic content of the blood of a person tested shall be the 4011 AS or any other instrument specified in the National Highway Traffic Safety Administration Qualified Products List of Eviden…

Each state or county agency having jurisdiction over the instrument or intoxilyzer shall follow established operational procedures which have been approved by the state director of health Notes Haw. Code R. § 19-136-4 [Eff NOV 15 1984] (Auth: HRS § 286-151) (Imp: HRS § 286-151)…

An instrument or intoxilyzer used in the test of breath samples to determine the alcoholic content of the blood of the person tested for the purposes of section 286-151, Hawaii Revised Statutes, shall be operated by qualified testing personnel." Notes Haw. Code R. § 19-136-5 [Eff…

If any provision of this chapter is held invalid, the invalidity shall not affect the remaining provisions of this chapter. Notes Haw. Code R. § 19-136-6 [Eff NOV 15 1984] (Auth: HRS § 286-151) (Imp: HRS § 286-151)

Any person omitting the required act or committing the prescribed acts or using equipment contrary to the requirements of this chapter shall be in violation of this chapter and subject to chapter 286, Hawaii Revised Statutes Notes Haw. Code R. § 19-136-7 [Eff NOV 15 1984] (Auth: …

The emergency rules adopted as chapter 19-136, Hawaii Administrative Rules, on June 7, 1984, and reenacted on October 4, 1984, are repealed. Notes Haw. Code R. § 19-136-8 [Eff NOV 15 1984] (Auth: HRS § 286-151) (Imp: None)

This chapter establishes policies and procedures to authorize persons other than employees of the county driver licensing offices to conduct the skill tests required of category 4 and commercial driver's license applicants. Authority to administer skill tests will be granted only…

(a) All certified third party examiners shall allow the FHWA, the department, and the county periodically, but not less than once a year, with or without notice, to inspect and audit their third party testing program. (b) Inspections and audits shall include an examination of:(1)…

(a) No third party examiner or agent of the third party examiner shall accompany any category 4 or commercial driver's license applicant into any examining office rented, leased, or owned by the department or the county for the purpose of assisting the applicant in taking a writt…

(a) No third party examiner's advertisement shall contain the following information:(1) That the third party examiner's program can issue or guarantee the issuance of a category 4 or a commercial driver's license; (2) Imply that the program can in any way influence the county in …

Third party examiners must: (1) Notify the department, in writing within ten days of any change in the third party examiner's name, address, telephone number, or third party examiner's status. (2) Notify the department before the end of the business day following the day the thir…

(a) Skill tests shall be conducted in strict conformity with these requirements and with current test instructions provided by the department. Such instructions may include information on skill tests content, route selection/revision, test forms, examiner procedures, and administ…