Hawaii Administrative Code

In the event the operations under the permit require inspectional services other than during the normal working hours of the department, the applicant shall reimburse the department for any additional costs incurred for these services. The applicant shall pay the moneys due promp…

No fee shall be required where the only work to be done is the setting of poles and guys to carry overhead wires. The director may waive the fee payable by any governmental agency where the work involves the construction of concrete sidewalk, asphaltic concrete footpath, pedestri…

All rules and regulations establishing a fee schedule for issuance of a permit to perform work on state highways in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-102-7 [Eff. MAY 30 1981] (Auth: HRS Sec. 264-7) (Imp: HRS Sec. 264-7)…

This chapter applies to signs which are erected and maintained outside of the highway right-of-way of any state or federal-aid highway and which are visible from the main traveled way of the highway. This chapter shall not apply to: (1) Directional and other official signs erecte…

The premises on which an activity is conducted is determined by physical facts rather than property lines. Generally, it is defined as the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including these open spaces…

The following types of signs conforming to the requirements of the respective county in which the signs are erected shall be considered on-premise: (1) Signs for various entities located within a common property such as a shopping center, where the building, parking, landscaping,…

Except as provided for under sections 19-103-3 and 19-103-4 of this chapter, the following signs shall not be considered on-premise and it shall be unlawful to erect or maintain these signs: (1) Any sign which advertises or publicizes an activity not conducted on the premises upo…

The following examples shall be used for determining whether a sign has as its purpose the identification of the activity located on the premises or its products or services, or the sale or lease of the property on which the sign is located, rather than prohibited outdoor adverti…

(a) When a sign brings rental income to the property owner or lessee, consists principally of brand name or trade name advertising, and the product or service advertised is only incidental to the principal activity, it shall be considered prohibited outdoor advertising and not an…

(a) A sale or lease sign which also advertises any product or service not being sold or rendered upon the premises and unrelated to the selling or leasing of the land on which the sign is located shall be prohibited outdoor advertising and not an on-premise sign. (b) An example i…

(a) The following types of directional signs shall be permitted: (1) Signs containing directional information about public places owned or operated by federal, state or local governments or their agencies. (2) Publicly or privately owned or operated -activities or attractions whi…

The display of official notices and signs posted by order of any court or public office, or posted by any public officer within his territorial or zoning jurisdiction in the performance of a public duty, or posted by any person required to do so by any statute or ordinance or reg…

(a) No directional and official sign visible from the main-traveled way of any state highway shall be erected without the written approval of the director. Written request to erect the signs shall be made to the director and a sketch indicating the message, dimensions, color, mat…

Trimming or destruction of trees and shrubs on the highway right-of-way in order to increase or enhance the visibility of outdoor advertising is prohibited. Notes Haw. Code R. § 19-103-19 [Eff. MAY 30 1981] (Auth: HRS Sec. 264-73) (Imp: HRS Sec. 264-73)

As used in this chapter, unless the context clearly indicates otherwise: "Abandoned sign" means one in which no one has an interest. "County" means the county of Hawaii, the city and county of Honolulu, the county of Kauai or the county of Maui, as appropriate. "Directional signs…

(a) The director in the case of state highways or the designated county agency in the case of federal-aid secondary county highways shall file a complaint with the proper authorities for the purpose of prosecuting any violation of this chapter, in accordance with law. (b) Any per…

All rules and regulations relating to outdoor advertising along State highways and federal aid secondary county highways in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-103-21 [Eff. MAY 30 1981] (Auth: HRS Sec. 264-73) (Imp: HRS Sec. 26…

No person shall erect or maintain any outdoor advertising visible from the main-traveled way of any federal-aid or state highway within the state except the following: (1) Directional and other official signs and notices, which signs and notices shall include, but not be limited …

The following limitations shall apply to areas adjacent to interstate highways only: (1) Not more than one sign, advertising the sale or lease of property upon which the sign is located, may be permitted in such manner as to be visible to traffic proceeding in any one direction o…

No sign may be erected or maintained which: (1) Attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates, or resembles any official traffic sign, signal or device. (2) Prevents the driver of a vehicle from having a clear and unobstructed…

(a) A nonconforming sign is one which was lawfully erected but which does not comply with the provisions of state law or regulation passed at a later date or which later fails to comply with state law or regulations due to changed conditions. An example of changed conditions woul…

(a) For the purpose of this section, the following actions to nonconforming signs shall be considered a change which requires removal: (1) Extension or enlargement. (2) Replacement, rebuilding or re-erecting except when the sign has been damaged by vandalism or other criminal or …

(a) Nonconforming signs shall be removed at the end of the fifth year after they become nonconforming or earlier if they fail to meet the requirements of section 19-103-6. (b) The director may acquire by purchase, gift or condemnation, and pay just compensation for the rights and…

A sign, display, or device will be considered to be an on-premise sign if it meets the following requirements and provided that signs erected along interstate highways must also comply with the requirements of section 19-103-4: (1) Premises: The sign must be located on the same p…

(a) The purpose of this chapter is to prescribe the policies and procedures of the department of transportation for the issuance of permits for the movement of oversize or overweight vehicles or loads on state highways and to set forth the general and special conditions for the i…

(a) The chief and the district engineers of the highways division and their designated representatives are authorized by the director to issue permits for the movement of vehicles or combinations of vehicles which exceed the maximum size or weight limits established by law upon s…

The following general provisions, when applicable, shall govern the movement of all vehicles, vehicle combinations or objects authorized by permit issued by the department: (1) The permit shall be carried in the vehicle during the movement and shall be shown on demand to any poli…

In addition to the above general conditions, the district engineer may impose special conditions in issuing the permit for, but not limited to, the following: (1) Operating speed; (2) Escort vehicle; (3) Police escort; and (4) Flagman. Notes Haw. Code R. § 19-104-12 [Eff. MAY 30 …

(a) A fee shall be charged for each permit issued as follows:(1) Single trip permit for loads less than 1.35 times the allowable load or less than 14 feet in width ........$5 (2) Continuous trip permit for loads less than 1.35 times the allowable load or less than 14 feet in widt…

(a) Should one or more dimension of an object or article to be moved exceed the legal limitations, or should the weight be greater than the legal limitations, each item will be considered separately, and the most restrictive operational conditions that may be imposed as the resul…

(a) Permits normally shall be issued for widths up to 14 feet provided:(1) The object is of such nature that it cannot readily be reduced in size and both the length and width exceed 9 feet or the load consists of products transported from the place where they are harvested or st…

A permit may be issued for the movement of an overlength vehicle or object provided: (1) The length of the vehicle or object cannot be reduced, in the judgment of the district engineer, without creating undue hardship to the applicant or the load consists of products transported …

Permits may be issued for overheight vehicles and loads if the movement can be made without seriously jeopardizing other traffic, public utility or highway facilities. The maximum height of a vehicle or vehicle and load for which a permit may be issued is governed by available ov…

(a) Horizontal projections extending 4 feet beyond the extremity of the vehicle are prohibited, and if the projection extends beyond 4 feet, escort vehicles shall accompany the move. (b) A permit for front projection, less than 7 feet above the roadway surface, may be issued if i…

(a) Permits for prefabricated building forms generally shall not be issued. Form sections constructed away from the job site should be designed and built in such manner that they can be transported within legal limits. (b) Permits for prefabricated buildings, building sections or…

As used in this chapter, unless the context clearly indicates otherwise: "Department" means the state department of transportation. "Director" means the director of the state department of transportation. "State" means the State of Hawaii. Notes Haw. Code R. § 19-104-2 [Eff MAY 3…

(a) The weight of vehicles or vehicle combinations and loads are subject to two general limitations: (1) The weight imposed on the road surface transmitted through any one of the respective axles of a vehicle; and (2) The gross weight of the vehicles or vehicle combinations and l…

(a) The total gross weight imposed on the road surface by any group of two or more consecutive axles on a vehicle or combination of vehicles shall not exceed the following when the distance between the first and last axles of the group under consideration is: (1) Less than 42 inc…

(a) The district engineer may issue a permit for overloads, provided the following load conditions are not exceeded: (1) The actual axle load imposed upon the pavement shall not exceed 48,000 pounds in the case of a single axle or 84,000 pounds for a tandem axle. On structures th…

(a) An overweight permit shall not be issued if two or more structural members such as precast concrete slab, prestressed concrete girders, structural steel and other similar objects constitute the overweight. (b) Overweight cranes, draglines, tractors and other overweight equipm…

(a) The chief of the highways division or the district engineer may authorize emergency moves of vehicles, vehicle combinations, or loads which exceed the maximum legal dimension and weight limitations in a disaster area without a written permit. (b) For the purpose of this provi…

(a) When movements during darkness are allowed or stipulated in the permit for oversize or overweight vehicles, the lighting and reflectors for such vehicle or load shall conform to the requirements of the motor carrier rules of the department governing such matters. (b) Notwiths…

(a) Vehicles traveling under permit authority requiring escort vehicles shall not be allowed to travel in convoys on two-lane highways. A separate escort shall be provided for each vehicle or vehicles and load moved under escort. As a general rule, such vehicle shall be spaced ab…

(a) Crossing is a movement of a vehicle from one right-of-way line to outside the opposite right-of-way line on an angle not flatter than 45 degrees with the centerline of the highway. Any movement on an angle flatter than this is not considered as crossing a highway, but is cons…

(a) Whenever an escort vehicle is required by statute or under the conditions of the special permit, the grantee or owner shall provide such vehicle to accompany the move. The escort vehicle may either be a passenger car or a 2-axle truck with a rated capacity not to exceed 20,00…

(a) A flagman shall accompany the driver when it is made a condition under the special permit (a motorcycle police escort may be used in lieu of a flagman). At least one flagman shall accompany each move for which a flagman is stipulated in a permit. (b) The flagman shall dismoun…

(a) A permit is required when any person, firm or corporation proposes to move, over state highways, a vehicle or combination of vehicles of a size or weight that exceeds the maximum dimensions or weights established by law. (b) Permits may be issued only to those persons, firms …

Except to meet overriding military necessity, no vehicular movement which exceeds any legal weight or dimension limitation shall be undertaken over state highways unless prior permission is secured from the district engineer. Permit requests for such movements shall be submitted …

(a) Any of the following violations shall render a permit void as though such permit had never been issued: (1) Move on state highway other than highways designated as the route of travel; (2) Dimensions or weight limitations specifically stated in a permit are exceeded; (3) Impr…

The owner of any vehicle or combination of vehicles found operating in violation of the terms and conditions of any permit or over sections of the highway not covered by the permit shall be subject to the penalties provided in section 291-37, Hawaii Revised Statutes. Notes Haw. C…