Hawaii Administrative Code

All rules and regulations governing the movement of oversize and overweight vehicles on state highways by permit in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-104-33 [Eff. MAY 30 1981] (Auth: HRS Sec. 291-36) (Imp: HRS Sec. 291-36)…

Permits shall be as follows: (1) Permits for single trip movements. (A) Permits for single trip movements are issued for one, one-way or round trip movement of overdimension or overweight vehicles and objects. (B) These permits shall be valid only for the specific date, time, veh…

(a) A formal request by an application to the department shall be made for permission to move upon state highways a vehicle, combination of vehicles, or load, of a size or weight: (1) That exceeds the legal limitations; (2) That shall not circumvent the legal size and weight limi…

(a) All of the applicable detailed information and data relative to gross weight, axle loads, axle spacing, dimensions, time of movement. route to be used, etc. requested on the form must be furnished by the applicant for the specific movement intended before the application can …

(a) The application shall be filed with the district engineer, highways division, department of transportation, of the district in which the movement is proposed. Each applicant shall plan ahead and submit applications sufficiently in advance of the movement date to allow time fo…

(a) Each application received shall be processed as promptly as possible. Except as noted in section 19-104-7, applications will generally be reviewed and processed within two days, exclusive of Saturdays, Sundays and holidays. (b) In reviewing and processing the application, the…

(a) The applicant shall file with the district engineer a certificate of self-insurance or a certificate of any insurance carrier authorized to do business in the State certifying that there is a comprehensive automobile liability insurance policy covering said applicant, and his…

As used in this chapter, unless the context clearly indicates otherwise: "Agriculture" means the husbandry or culture of crops, on or in soil or water. "Agricultural purposes" means any action or activity whose primary function is supportive of, related to, used in, or involved w…

(a) Refund of the state vehicle weight tax may be obtained by filing a claim on form DOT 4-507 and where applicable form DOT 4-510 (multiple vehicle listing) with the state department of transportation. (b) The motor carrier gross weight fee shall be refunded by filing a claim on…

(a) The owner of the vehicle that meets the criteria of this chapter shall be exempted from paying the state vehicle weight tax. (b) Requests for certification of exemption shall be made by completing and filing form DOT 4-508, and where applicable form DOT 4-510, with the state …

The claimant for refund or exemption based on exclusive use for agricultural purposes under this chapter shall present to the director his state general excise tax license, or a copy of it, or any other evidence satisfactory to the director, that the refund or exemption claimed i…

(a) Forms for refunds and exemptions may be obtained at the county motor vehicle registration office. (b) On the islands of Hawaii, Maui, and Kauai, forms may also be obtained at the district offices of the highways division, department of transportation. (c) On Oahu, forms may a…

(a) The vehicle owner requesting a refund or exemption shall furnish all records required by the director to verify the claim for refund and the certification of exemption. (b) The state department of transportation shall be granted access, at all reasonable times, to all books, …

All rules and regulations relating to the exemption from and the refund of the state vehicle weight tax and the motor carrier gross weight fee on vehicles with a net weight of 6,000 pounds or over that are used for agricultural purposes in effect prior to the effective date of th…

The purpose of this chapter is to implement and carry out federal regulations relating to enforcement of the federal heavy vehicle use tax. The objective is to obtain evidence of proof of payment of the federal heavy vehicle use tax for vehicles subject to the tax before those ve…

(a) The State and county shall implement and maintain an automated information system and records to evidence the meeting of the objective of this chapter. (b) The State shall be responsible for: (1) Overall coordination and monitoring of the program for enforcement of the federa…

(a) The staff services office, highways division, department of transportation is the office responsible for the program on enforcement of the federal heavy vehicle use tax. However, its enforcement function is limited to carrying out the objective specified in section 19-107-1. …

As used in this chapter, unless the context clearly indicates otherwise: "County" means the county of Hawaii, the city and county of Honolulu, the county of Kauai, or the county of Maui, as appropriate. "Customarily used" means a commonly used mode and that a semitrailer or trail…

This chapter shall apply to all highway motor vehicles with net weight of over eight thousand pounds, except vehicles owned by the United States, the State, or any political subdivision of the State. Notes Haw. Code R. § 19-107-3 [Eff JAN 16 1987] (Auth: HRS §§ 264-23, 286-16) (I…

Except as provided in section 19-107-8, the registered owner of a vehicle subject to this chapter under section 19-107-3 shall submit the "Federal Heavy Vehicle Use Tax Exempt Certification" (DOT 4-705) pursuant to section 19-107-6, or the "proof of payment" pursuant to section 1…

(a) The taxable gross weight of a vehicle is the sum of:(1) The actual unloaded weight of the vehicle fully equipped for service; (2) The actual unloaded weight of any trailer or semitrailer fully equipped for service that is customarily used in combination with the vehicle; and …

(a) The registered owner of a vehicle subject to this chapter with taxable gross weight of less than fifty-five thousand pounds shall execute the Federal Heavy Vehicle Use Tax Exempt Certification" (DOT 4-705, HWY-S 9/86) form, a copy of which is located at the end of this chapte…

(a) The registered owner of a highway motor vehicle with taxable gross weight of fifty-five thousand pounds or more shall submit proof of payment of the FHVU tax annually to the office specified in section 19-107-11 before the vehicle can be registered with the county. The term "…

The county may register a highway motor vehicle without proof of payment if the person registering the vehicle presents the original bill of sale (or other document evidencing transfer) indicating that the vehicle was purchased by the owner either as new or used vehicle during th…

(a) When the vehicle registration renewal form issued by the county indicates that a clearance certificate is required, the registrant shall obtain a clearance certificate from the State prior to registering the highway motor vehicle with the county. (b) In order to obtain the cl…

The purpose of this chapter is to maximize the people moving capability of the state highway system, mitigate transportation-related pollution, and reduce dependency on fossil fuels, through the use of high occupancy vehicle lanes. Notes Haw. Code R. § 19-108-1 Comp 3/10/2016 [Ef…

As used in this chapter: "Bus" means every motor vehicle designed for carrying more than ten passengers and used for the other than a school bus or a taxicab, designed and used for the transportation of persons for compensation. "Demonstration section" means a section of roadway …

This chapter shall be applicable to roadways under the jurisdiction of the department of transportation. Notes Haw. Code R. § 19-108-3 Am and comp 3/10/2016 [Eff 09/18/06; comp 5/27/2021] (Auth: HRS § 291C-222) (Imp: HRS § 291C-222)

The following are designated as high occupancy vehicle lanes by the director when signed and marked by official traffic control devices: (1) Interstate Route H-1, Manager's Drive to Keehi Interchange; (2) Interstate Route H-2, Waiawa Interchange to Mililani Interchange; (3) Route…

The director may designate demonstration sections of other portions of highways as high occupancy vehicle lanes by the installation of official traffic control devices when deemed necessary to improve traffic conditions. Designated demonstration sections may be in operation for a…

The director shall place, install, and maintain traffic signs, signals, pavement markings, and other official traffic control devices to advise drivers of the high occupancy vehicle requirement and the hours of usage. Motor vehicles shall be operated in high occupancy vehicle lan…

The following vehicles or persons may use a high occupancy vehicle lane regardless of the number of persons in the vehicle: (1) Motorcycles, school buses, public transit buses, emergency vehicles, and electric vehicles on which an electric vehicle license plate is affixed; or (2)…

If any provision of this chapter is held invalid, the invalidity shall not affect the remaining provisions of this chapter. Notes Haw. Code R. § 19-108-8 Am and comp 3/10/2016 [Eff 09/18/06; comp 5/27/2021] (Auth: HRS § 291C-222) (Imp: HRS § 291C-222)

The purpose of this chapter is to implement HRS section 291C-4 by establishing procedures for the distribution and expenditure of moneys in the safe routes to school program special fund. Notes Haw. Code R. § 19-109-1 [Eff MAR 10 2014] (Auth: HRS § 291C-4) (Imp: HRS §§ 291C-3, 29…

Unless the context clearly indicates otherwise, as used in this chapter: "Counties" means the City and County of Honolulu, and Maui, Hawaii and Kauai counties. "Department" means the State of Hawaii department of transportation. "Director" means the director of the department of …

(a) The following shall be deposited into the fund: (1) Assessments collected for speeding in a school zone pursuant to HRS section 291C-104; and (2) Safe routes to school program surcharges collected in accordance with HRS sections 291-16 and 291C-5. (b) The director shall deter…

(a) The director shall determine on not less than an annual basis the amount of moneys to be distributed to counties, and distribute funds to each county in accordance with the following formula: (1) One-half shall be distributed evenly among the counties; and (2) The other half …

(a) Moneys in the safe routes to school program special fund shall be available for use by the department to administer a state safe routes to school program including, without limitation, the cost of equipment and general administrative overhead. (b) Moneys distributed from the …

(a) Each county shall: (1) Designate a safe routes to school program coordinator; and (2) Develop a county-level safe routes to school program which includes a process to identify and implement safe routes to school infrastructure and non-infrastructure projects. (b) The county s…

(a) Each county safe routes to school coordinator shall:(1) Submit to the department by July 1 of each year a mid-year progress report on the status of its county-level safe routes to school program; and (2) Submit to the department by November 1 of each year an annual report on …

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 to be invalid for any reason, the validity of the remainder of this chapter shall not be affected. Notes Haw. Code R. § 19-109-8 [Eff MAR 10…

As used in this chapter, unless the context clearly indicates otherwise: "Airport" means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or…

The director may, after notice and opportunity for hearing to the licensee, revoke any license or renewal thereof or refuse to issue a renewal when he determines that: (1) There has been an abandonment of the airport as such; or (2) There has been a failure to comply with the con…

In connection with the grant of approval of a proposed airport site or the issuance of an airport license or renewal thereof under these rules, the director may, on his own motion or upon the request of an affected person, hold a hearing open to the public and shall hold the hear…

These rules do not apply to airports owned or operated by the United States or to privately owned airports not open to the general public. To the extent necessary, the director may exempt any other class of airports, pursuant to a reasonable classification or grouping, from any r…

In any case in which these rules might be finally held to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent as to be in violation of the State constitution or the Constitution of the United States, such holding shall not affect the …

Enforcement of these rules shall be as set forth in § 261-17, Hawaii Revised Statutes. Notes Haw. Code R. § 19-11-14 [Eff 6/12/81; comp NOV 27 2000] (Auth: HRS § 261-12) (Imp: HRS § 261-17)

Penalties for violation of any of these rules shall be as set forth in § 261-12, Hawaii Revised Statutes. Notes Haw. Code R. § 19-11-15 [Eff 6/12/81; comp N0V 27 2000] (Auth: HRS § 261-12) (Imp: HRS § 261-21)

The airport site approval, airport licensing and airport license renewal regulations effective May 11, 1970 and all rules relating to airport site approval, airport licensing and airport license renewal in effect prior to the effective date of this chapter are repealed. Notes Haw…

All proposed airport sites shall be approved by the director prior to the construction or operation of an airport thereon. Notes Haw. Code R. § 19-11-2 [Eff 6/12/81; comp NOV 27 2000] (Auth: HRS § 261-12) (Imp: HRS § 261-16)