Hawaii Administrative Code

As used in this chapter, unless a different meaning clearly appears from the context: "Approved testing program" means the skill tests required by the department and administered by a third party examiner. "CDL" means commercial driver's license, "County" means the county agency …

(a) The department shall administer and enforce these rules. (b) No department or county employee shall be employed by a third party examiner. (c) All certified third party examiners shall enter into a contract, a copy of which is attached to the rules as Exhibit "A", with the st…

(a) No person shall be certified as a third party examiner unless the applicant satisfies the following qualifications:(1) Has filed an application in accordance with section 19-137-5 of this chapter; (2) Possesses a valid Hawaii driver's license with the classification and endor…

The duties and responsibilities shall be as follows: (1) Take part in all department required advanced training courses, workshops, seminars, etc.; (2) Conduct skill tests in accordance with these requirements and in accordance with chapter 19-122, Hawaii Administrative Rules, pr…

The maximum fee charged by a third party examiner for each skill test shall not exceed the fee under section 19-122-21. Notes Haw. Code R. § 19-137-6 [Eff JUN 15 1991] (Auth: HRS § 286-246) (Imp: HRS § 286-246)

A certificate will be issued authorizing the third party examiner to conduct driving skill tests to driver applicants for a category 4 or CDL. (a) The general requirements shall be as follows:(1) The examiner must notify the county and the department of any change in third party …

(1) Training will be provided by the department to all qualified third party examiners and third party examiner applicants. Participants will be charged a fee for the course. (2) Training programs by the department for new applicants will be made available only when the current n…

All certified third party examinees shall display their certification to their applicant drivers at the approved testing facilities. Notes Haw. Code R. § 19-137-9 [Eff JUN 15 1991] (Auth: HRS § 286-246) (Imp: HRS § 296-246)

Any person requiring a badge under this chapter shall pay the following fees: (1) An annual badge fee of $10 per badge. (2) A $50 fee for replacing a lost badge. (3) A $50 fee for not promptly returning a badge when the person is no longer authorized to wear the badge due to term…

The rules pertaining to airports effective August 1, 1973, as amended effective October 8, 1973 and March 23, 1978, and all other rules in effect prior to the effective date of this chapter relating to the conduct of the public at airports and airport security are repealed. Notes…

(a) No person shall sleep, lay, sit, remain standing, or place any object at, in, on, or within ten feet of the following areas of any public airport: (1) A stair, interior and exterior stairway, or ramp; (2) A hallway, corridor, or passageway; (3) A tunnel or pedestrian overpass…

(a) Restricted areas. (1) No person shall enter any restricted area without the permission or authorization of the director. Any unauthorized person found within, or attempting to gain access to, the operational area or other restricted areas designated by the director, may be ci…

(a) Title 49, Code of Federal Regulations, Part 1542, requires that airport operators serving certificated air carriers using airplanes of more than 60 passenger capacity ensure that the operational area and other airport restricted areas be secure from entry by unauthorized pers…

The director shall, at all times, have authority to take any action deemed by him convenient or necessary to protect or safeguard persons or property within a public airport. Notes Haw. Code R. § 19-14-5 [Eff 8/10/81; comp 4/27/98; comp 4/17/00; comp 1/24/02; comp 4/27/07; comp A…

All services and activities performed at a public airport shall be conducted without discrimination or segregation against any individual regardless of their race, creed, sex, or national origin. Notes Haw. Code R. § 19-14-6 [Eff 8/10/81; comp 4/27/98; comp 4/17/00; comp 1/24/02;…

This chapter may be enforced by an enforcement officer or by any person deputized pursuant to section 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 nec…

Penalties for violation of this chapter shall be as set forth in section 261-21, Hawaii Revised Statutes. Notes Haw. Code R. § 19-14-8 [Eff 8/10/81; am and comp 4/27/98; comp 4/17/00; comp 1/24/02; comp 4/27/07; comp APR 17 2009] (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. § 19-14-9 [Eff 8/10/81; comp…

The purpose of this chapter is to ensure that the State complies with the Federal Motor Carrier Safety Regulations. Notes Haw. Code R. § 19-141-1 [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 2…

Unless the context clearly indicates otherwise, as used in this chapter: "Director" means the director of the state department of transportation. "Federal Motor Carrier Safety Regulations" means Title 49, Code of Federal Regulations, Parts 383, 385, 386, 390-399. "State" means St…

The director is authorized by section 2 86-2 02, Hawaii Revised Statutes, to adopt the Federal Motor Carrier Safety Regulations Notes Haw. Code R. § 19-141-3 [Eff and comp 12/4/09; comp DEC 23 2013] (Auth: HRS § 286-202) (Imp: HRS § 286-202) Comp 7/29/16; [comp 5/2/2019]…

The Federal Motor Carrier Safety Regulations, as they existed on May 31, 2018, are hereby adopted and incorporated into this chapter Notes Haw. Code R. § 19-141-4 [Eff and comp 12/4/09; am and comp DEC 23 2013] (Auth: HRS § 286-202) (Imp: 49 CFR Parts 383, 385, 386, 390 - 399) Am…

Provisions in the Federal Motor Carrier Safety Regulations apply to inter-state and intra-state operations Notes Haw. Code R. § 19-141-5 [Eff and comp 12/4/09; comp DEC 23 2013] (Auth: HRS § 286-202) (Imp: 49 CFR Parts 383, 385, 386, 390 - 399) Comp 7/29/16; [comp 5/2/2019]…

Pursuant to the authority of the Director set forth in section 286-202, the following Motor Carrier Safety Fee Table, attached separately as Appendix A, is incorporated as assigned to enforce the Federal Motor Carrier Safety Regulations and appropriate sections of Title 17, Chapt…

The purpose of this chapter is to provide safe transportation of students by setting safety requirements relating to school bus equipment, design, construction, and identification, driver training arid qualifications, operations, loading and unloading, and maintenance and inspect…

(a) Chapter 19-141, motor carrier safety regulations, Sections 396.3, 396.5, 396.7, 396.9, and 396.13 and HRS, 286-209, shall be observed in the inspection and maintenance of school buses. (b) Motor carrier vehicles shall be inspected and certified once every six months. (c) Coun…

All school bus carriers, their officers, agents, representatives, and employees responsible for the management,, maintenance, Operation, or driving of school buses, or hiring, supervising, training, assigning, or dispatching of drivers, shall comply with the following: (1) Driver…

All school bus carriers shall provide instructions for passengers on how to open emergency exits and how to exit orderly through the regular and emergency exits. Two emergency evacuation drills previously approved by the department and utilizing volunteer passengers shall be cond…

If an accident is required to be reported under chapter 19-141, motor carrier safety regulations, the driver of a school bus involved in an accident on a route to and from school or related events which results in death, injury, or property damage shall comply with chapter 19-141…

Enforcement of this chapter shall be carried out by the motor carrier safety officers or delegated authorized representatives, including county police departments. Notes Haw. Code R. § 19-143-14 [Eff APR 27 1989] (Auth: HRS § 286-181) (Imp: HRS § 286-181)

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…