Hawaii Administrative Code

Exemptions from the requirements of this chapter may be made by the director. Exemptions may be granted when it appears that the applicant is accomplishing the results intended to be attained by this chapter through the use of methods other than those specifically set forth in th…

(a) Persons applying for exemption shall state in writing the specific exemption requested, reasons why the exemption should be granted and duration of exemption, and any other pertinent data. (b) Application for exemption shall be made to the director who shall advise the applic…

(a) Every school bus carrier shall read and become familiar with this chapter and shall instruct and train all drivers and employees in carrying out their responsibilities as required by this chapter. This chapter applies to all school buses operating in Hawaii and all such carri…

As used in this chapter: "Chapter 19-141, motor carrier safety regulations" means parts 390-399, inclusive. "Department" means the department of transportation. "Director" means director of transportation, "FMVSS" means the federal motor vehicle safety standard, as found in Title…

(a) All school buses with a gross vehicle weight rating of more than three thousand pounds shall: (1) Be identified with the words "school bus" printed in black letters not less than eight inches high on background of national school bus glossy yellow and in strokes not less than…

(a) All school buses shall be insured under a no-fault policy issued by a firm authorized to do business in the State of Hawaii and meeting the coverage requirements of state law. (b) Additional coverage shall be at the option of the insured. The policy shall include the State an…

(a) To meet department qualifications no person shall be permitted to operate a school bus unless such person holds a valid driver's license of appropriate class pursuant to section 286-102, HRS and a valid motor carrier medical examination certificate as required by chapter 19-1…

(a) For the purposes of pre-service training, every employer of a school bus driver shall inform and educate each driver about the laws and rules relating to school bus operation before allowing the driver to transport school students. Employers shall test the driver's knowledge …

(a) To comply with federal standards, all school bus equipment and supplies shall meet the following minimum FMVSS. This requirement shall also apply to vehicles converted for school bus use and school bus equipment and supplies purchased prior to the adoption of the applicable s…

The passenger capacity of the bus shall be the number of passengers that can be safely seated. Safely, seated shall be interpreted to mean that all passengers are seated against, the seat back and within the confines of the seat. School bus drivers shall not transport passengers …

The purpose of this chapter is to ensure that the State complies with the Federal Hazardous Materials Regulations. Notes Haw. Code R. § 19-145-1 [Eff 3/30/87; am 1/11/88; am 1/20/89; am and comp 12/8/90; am and comp 11/29/93; am and comp 8/5/04; am and comp 12/4/09; comp DEC 23 2…

Unless the context clearly indicates otherwise, as used in this chapter: "Director" means the director of the state department of transportation. "Hazardous Materials Regulations" means Title 49, Code of Federal Regulations, Parts 107, 171-173, 177, 178, and 180. "State" means St…

The director is authorized by section 286-202, Hawaii Revised Statutes, to adopt the Hazardous Materials Regulations. Notes Haw. Code R. § 19-145-3 [Eff and comp 12/4/09; comp DEC 23 2013] (Auth: HRS § 286-202) (Imp: HRS § 286-202) [Comp 9/24/2016] [comp 5/2/2019]

The Hazardous Materials Regulations, as they existed on May 31, 2018, are hereby adopted and incorporated into this chapter. Notes Haw. Code R. § 19-145-4 [Eff and comp 12/4/09; am and comp DEC 23 2013] (Auth: HRS § 286-202) (Imp: 49 CFR Parts 107, 171-173, 177, 178, and 180) [Am…

Provisions in the Hazardous Materials Regulations apply to inter-state and intra-state operations. Notes Haw. Code R. § 19-145-5 [Eff and comp 12/4/09; comp DEC 23 2013] (Auth: HRS § 286-202) (Imp: 49 CFR Parts 107, 171-173, 177, 178, and 180) [Comp 9/24/2016] (Auth: HRS §§ 286-2…

Pursuant to the authority of the Director set forth in section 286-202, the following Hazardous Materials Regulation Fee Table, attached separately as Appendix A, is incorporated as assigned to enforce the Hazardous Materials Regulations." Notes Haw. Code R. § 19-145-6 [Eff and C…

The purpose of this chapter is to establish a statewide program for the certification, installation, maintenance, monitoring and removal of ignition interlock devices pursuant to HRS section 291E-6. Notes Haw. Code R. § 19-147-1 [Eff FEB 14 2011] (Auth: HRS § 291E-6) (Imp: HRS § …

The provisions of this chapter are declared to be severable and if any portion or the application thereof to any person or property is held invalid for any reason, the validity of the remainder of this chapter shall not be affected. Notes Haw. Code R. § 19-147-10 [Eff FEB 14 2011…

Unless the context clearly indicates otherwise, as used in this chapter: "Alcohol" means the product of distillation of any fermented liquid, regardless of whether rectified, whatever may be the origin thereof, and includes ethyl alcohol, lower aliphatic alcohol, and phenol as we…

(a) The director shall establish and administer a statewide program for the certification, installation, maintenance, monitoring and removal of ignition interlock devices. This program will have the following components: (1) Selection of the vendor; (2) Procedures and standards f…

The director shall select a single vendor to certify, install, maintain, monitor and remove ignition interlock devices. Notes Haw. Code R. § 19-147-4 [Eff FEB 14 2011] (Auth: HRS § 291E-6) (Imp: HRS § 291E-6)

(a) The director shall issue a solicitation in accordance with state procurement rules to contract with a vendor to certify, install, maintain, monitor and remove ignition interlock devices pursuant to HRS chapter 291E. (b) The certification of the vendor shall be accomplished du…

(a) The vendor shall be responsible for the certification, installation, maintenance, monitoring and removal of ignition interlock devices. (b) The responsibilities of the vendor shall be set forth in detail in the terms and conditions of the contract. (c) The vendor shall comply…

(a) All ignition interlock devices used pursuant to HRS chapter 291E must be approved by the director. (b) The vendor shall arrange for the certification of the ignition interlock devices, and provide the director with the following documents:(1) The name and address of the ignit…

All ignition interlock devices used pursuant to HRS chapter 291E shall be certified by an independent laboratory that they meet or exceed the model specifications published in the Federal Register by the National Highway Traffic Safety Administration. At minimum, the standards sh…

(a) The director shall audit the vendor annually to ensure compliance with the terms and conditions of the contract and provisions of this chapter. (b) The vendor shall pay for the costs incurred in conducting the audit. Notes Haw. Code R. § 19-147-9 [Eff FEB 14 2011] (Auth: HRS …

The information displayed on the state identification card shall meet or exceed the driver license and identification card design standards set by the American Association of Motor Vehicle Administrators. These standards are maintained to promote consistency throughout the United…

(a) The examiner of drivers shall charge a nonrefundable flat one dollar fee to applicants who require a verification of lawful status. (b) The fees collected shall become state realizations and be deposited into the state highway fund. Notes Haw. Code R. § 19-149-10 (Auth: HRS §…

(a) The applicant's right thumbprint and right and left index fingerprints shall be obtained; if a clear impression of the right thumbprint is not possible, the left thumbprint shall be obtained; if one or both of the index fingerprints cannot be obtained, then alternate fingerpr…

(a) The examiner of drivers may issue a temporary state civil identification card under the following conditions:(1) Whenever the person is applying for a new or renewed state civil identification card. (A) The examiner of drivers may obtain from and provide to another state, ele…

(a) If there is reasonable cause to believe that the applicant for a state civil identification card has not met the standards set forth in this chapter, the examiner of drivers shall not issue or renew the card. (b) The examiner of drivers shall not issue any state identificatio…

(a) A person who for reasons pursuant to this chapter was denied a state civil identification card may submit to the examiner of drivers additional documents, evidence, or information to determine proof of identity and lawful status; or qualify for any of the exceptions for the i…

(a) Persons applying for correction of an error on the state identification card shall produce the original state identification card and be fingerprinted to verify identity when required by the examiner of drivers. In addition, documented evidence shall be presented by the appli…

(a) All persons desiring to alter their state civil identification card shall follow the procedures and present the documents as required in section 19-149-3 for an original application. (b) For those persons desiring alteration based on change of citizenship status, proof of the…

(a) Application must be made in person, and the applicant must present his or her current state civil identification card or other acceptable form of identification, plus provide any required information that may be missing from the applicant's record. (b) Any card issued to appl…

(a) Cardholders age eighty years and older may renew by mail, provided the applicant had previously submitted all required documents and was physically present for fingerprinting and taking of their photo. The first renewal by mail will be processed using the picture on file. The…

(a) The fees for a state civil identification card for applicants are the fees that are established by the four counties for driver license issuance. All fees are payable in cash, check, money order or other form of payment allowed by the county. (b) The fees collected shall beco…

As used in this chapter, unless a different meaning clearly appears in context: "AAMVA" means American Association of Motor Vehicle Administrators. "Applicant" means a person who is attempting to obtain a state civil identification card, renewal, or duplicate. "Authenticate" mean…

State civil identification cards shall expire eight years from the year of issuance on the applicant's birthday, except for legal non-immigrants (foreign tourists, students, or employees who are not legal permanent residents), in which case the card shall bear the same expiration…

A cardholder who has an advance health-care directive shall have the state civil identification card issued with a symbol or abbreviation indicating that the cardholder has an individual instruction in writing, a living will, or a durable power of attorney for health care decisio…

(a) The examiner of drivers may issue, over-the-counter, a USPS returned state identification card if assured that a USPS delivery error has occurred or under other unique circumstances as determined by the examiner of drivers. (b) If returned mailed state identification card is …

(a) Any person who submits an application for a state civil identification card, but is unable or unwilling to provide satisfactory proof of authorized presence in the United States under federal law, shall be issued a limited purpose state civil identification card that is uniqu…

If any provision of this chapter, or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end th…

(a) Each applicant for a state civil identification card under this chapter shall make application in person and provide the following required information and documents: (1) The name, date of birth, sex, social security number or other information as stated in 19-149-3(a) (2) (C…

The examiner of drivers may refer to the following sources of information to determine acceptance: (1) 6 CFR, Part 37 Real ID Act, Final Rule; Subpart B, section 37.11; section 37.13; (2) American Association of Motor Vehicle Administrators United States Resources List of Accepta…

The applicant is required to present valid documentary evidence that the applicant: (1) Is a citizen or national of the United States; (2) Is an alien lawfully admitted for permanent residence in the United States; (3) Has conditional permanent resident status in the United State…

The examiner of drivers shall verify that the submitted documents for proof of lawful status are authenticated through electronic or other means, including verification through the systematic alien verification for entitlements system. The examiner of drivers may accept any one o…