Hawaii Administrative Code

Penalties for violation of this chapter shall be as set forth in § 261-12, Hawaii Revised Statutes. Notes Haw. Code R. § 19-13-10 [Eff 8/10/81; comp 6/19/00; Comp FEB 15 2002] (Auth: HRS § 261-12) (Imp: HRS § 261-21)

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. § 19-13-11 [Eff 8/10/81; com…

The rules pertaining to airports effective August 1, 1973, and all other rules in effect prior to the effective date of this chapter relating to aircraft operations at public airports are repealed. Notes Haw. Code R. § 19-13-12 [Eff 8/10/81; comp 6/19/00; comp FEB 15 2002] (Auth:…

Unless the context clearly indicates otherwise, as used in this chapter: "Air carrier" means any person engaged for hire in the business of carrying passengers or cargo, or mail, by air. "Aircraft" means any and all airplanes, airships, dirigibles, helicopters, gliders, amphibian…

(a) Aircraft operations. No person shall land, taxi or fly aircraft, or conduct any aircraft operations upon or from a public airport other than in conformity with Federal Aviation Regulations and this chapter. No experimental flight shall be conducted on, above, or in the vicini…

(a) Aircraft may be operated only by qualified persons and only at the places or areas designated for such purposes by the director. (b) No person shall taxi or tow an aircraft on a public airport in a careless or reckless manner. (c) No person shall start or run an engine in an …

Notes Haw. Code R. § 19-13-5 R 2/26/93

(a) Designated parking areas. Aircraft shall be parked only in the areas designated for such purposes by the director. When parked in such areas, each aircraft shall be firmly secured to the ground by acceptable tiedowns, or otherwise properly secured or attended. The main landin…

(a) Operators. Only helicopter pilots certificated by the Federal Aviation Administration or those issued military licenses shall be authorized to conduct helicopter taxiing operations at a public airport. (b) Taxiing. The operators of helicopters shall not taxi, tow or otherwise…

Except in an emergency, motorless aircraft such as gliders and sailplanes may not land or takeoff at a public airport without first obtaining permission from the director. Notes Haw. Code R. § 19-13-8 [Eff 8/10/81; comp 6/19/00; comp FEB 15 2002] (Auth: HRS § 261-12) (Imp: HRS § …

This chapter may be enforced by an enforcement officer or by any person deputized pursuant to § 261-17, Hawaii Revised Statutes. When, in the opinion of the person enforcing this chapter, arrest (rather than citation) is clearly indicated to be in the public interest or necessary…

The purpose of these rules is to provide for the rapid, orderly, and safe removal from public highways in the State of wreckage, spillage, and debris resulting from motor vehicle collisions or other means to reduce the likelihood that secondary or chain reaction collisions or oth…

As used in this chapter, unless the context clearly indicates otherwise: "Director" means the director of transportation or his authorized representative. "Public highways" includes all roads, alleys, streets, ways, lanes, trails, and bridges in the State opened, laid out, or bui…

Each, agency, public or private, having responsibility or jurisdiction over facilities which lie on or adjacent to public highways shall establish and forward to the director for approval operational procedures governing the specific duties of that agency's personnel in controlli…

Each agency, public (State or county) or private, having responsibility or jurisdiction over facilities which lie on or adjacent to public highways shall establish and forward to the director for approval procedures and requirements for the training of all of that agency's person…

Each county government shall establish and maintain lists for its respective county showing the name of each agency which shall participate in the debris hazard and control program, the name of personnel designated by the agencies as contact or liaison officers, appropriate addre…

Each county government shall designate an agency which shall operate a designated communications control center or control centers. The control center designated shall be responsible for the marshalling of all appropriate agencies during any debris hazard control or cleanup effor…

If any section or part of this chapter is held invalid for any reason, the invalidity shall not affect the validity of the remaining sections or parts of this chapter. Notes Haw. Code R. § 19-130-7 [Eff: AUG 26 1982] (Auth: HRS § 286-8) (Imp: HRS § 286-8)

All rules and regulations governing debris hazard control and cleanup on public streets and highways in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-130-8 [Eff: AUG 26 1982] (Auth: HRS § 286-8) (Imp: HRS § 286-8)

This chapter shall apply to every moped offered for sale for use upon, sold for use upon, or used upon the roadways and highways of the State. Notes Haw. Code R. § 19-131-1 [Eff 8/26/82; comp MAY 16 2003] (Auth: HRS § 291C-202) (Imp: HRS § 291C-202)

As used in this chapter, unless the context clearly indicates otherwise: "Clockwise" and "counterclockwise" means opposing directions of rotation around the following axes, as applicable: (1) The operational axis of the ignition control, viewed from in front of the ignition lock …

Each moped shall be equipped with the items listed in this section. Each item shall meet the specified criteria and properly perform its intended function. Whenever a FMVSS is applicable to an item of equipment, the criteria specified for that item shall be identical to the crite…

All rules and regulations governing required equipment on mopeds in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-131-4 [Eff 8/26/82; comp MAY 16 2003] (Auth: HRS § 291C-202) (Imp: HRS § 291C-202)

If any section or part of this chapter is held invalid for any reason, the invalidity shall not affect the validity of the remaining sections or parts of this chapter. Notes Haw. Code R. § 19-131-5 [Eff 8/26/82; and comp MAY 16 2003] (Auth: HRS § 291C-202) (Imp: HRS § 291C-202)…

This chapter applies to each of the following equipment items or devices, whether it is a separate component or is combined with another item or device into an aggregate assembly: (1) Head lamps (2) Auxiliary lamps (3) Fog lamps (4) Rear lamps (5) Signal lamps (6) Reflectors requ…

If any section or part of this chapter is held invalid for any reason, the invalidity shall not affect the validity of the remaining section or parts of this chapter. Notes Haw. Code R. § 19-132-10 [Eff 8/26/82; ren § 19-132-10 and comp OCT 13 2005] (Auth: HRS § 286-83) (Imp: HRS…

All rules and regulations governing the approval and revocation of approval for the display, sale, and use of vehicle equipment in effect prior to the effective date of this chapter are repealed." Notes Haw. Code R. § 19-132-11 [Eff 8/26/82; ren § 19-132-11 and comp OCT 13 2005] …

As used in this chapter, unless the context clearly indicates otherwise: "Auxiliary lamp" means a lighting device designed to be mounted upon a vehicle and which provides illumination supplementary to the head lamps. It includes auxiliary passing lamps, auxiliary driving lamps, a…

The standards for vehicle equipment items or devices shall be as follows: (1) If a standard is established by a Federal Motor Vehicle Safety Standard (FMVSS) for an item or device, the item or device shall meet or exceed the standard set forth therein. (2) If no standard is estab…

Vehicle equipment items or devices, other than hydraulic brake fluid, and the containers in which hydraulic brake fluid is sold, shall be permanently labeled with the manufacturer's name or trademark and the identifying nomenclature under which the item or device has been approve…

Any item or device which is labelled by the manufacturer, as required by federal regulations, indicating compliance with the applicable FMVSS shall be deemed approved by the director for display and sale in the State without the necessity of a submission for approval. The approva…

An item or device for which the AMECA has issued a certificate of approval indicating the item or device has met the applicable FMVSS or AMECA standards shall be deemed approved by the director for display and sale in the State when: (1) A copy of the AMECA certificate of approva…

An item or device for which there is no applicable FMVSS or AMECA approved standard, but which meets standards set forth in paragraphs (3), (4), and (5) of § 19-132-3, shall be deemed approved by the director for display and sale in the State without the necessity of a submission…

Upon receipt of a written application from a manufacturer or his representative, the director may, after consultation with state and county traffic officials, grant limited approval for the use of an item or device for research and development. The limitation may extend to any ph…

The director may, in accordance with § 286-84, Hawaii Revised Statutes, suspend or revoke any approval granted items or devices, if the items or devices do not meet the requirements set forth in this chapter. Notes Haw. Code R. § 19-132-9 [Eff 8/26/82; ren § 19-132-9 and comp OCT…

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…

(a) The department may deny any application for a third party examiner certification upon the following grounds: (1) Failure to comply with or satisfy any of the requirements of this chapter; (2) Falsification of any information provided to the department. (b) Any third party exa…