Hawaii Administrative Code

(a) The departmental or central office of the department and the office of the director are located at 869 Punchbowl Street, Honolulu, Hawaii 96813. (b) Divisional and staff offices. The department has three main divisions and a staff office concerned with rules. Their offices ar…

The offices of the department and of each division shall be open from 7:45 a.m. to 4:30 p.m. of each week day, except such other days as may be holidays by statute or executive order. Notes Haw. Code R. § 19-1-4 [Eff 6/1/81; comp OCT 16 2000] (Auth: HRS § 91-2) (Imp: HRS § 80-1)…

(a) All public records of the department shall be available for inspection during established office hours, subject to the limitations prescribed in chapter 92, Hawaii Revised Statutes, and in any other law. (b) All requests for public records shall be made in writing to the dire…

(a) Any person may obtain such information as is available for public dissemination concerning the activities of the department from the appropriate offices of the department during established business hours. (b) Any person may file in. the office of the director requests, objec…

The department may on its own. motion or on the complaint or petition of any interested person or an agency of the state or county government, hold a hearing on a contested case as is required by law or rules of the department. For such purposes it may subpoena witnesses and requ…

(a) A hearing on a contested matter shall be commenced by the department on its own motion or upon the complaint or petition of any interested person or agency, of the state or county governments, when the processing of such complaint or petition necessitates such a hearing. (b) …

(a) An individual may appear in his or her own behalf; a general partner may represent a partnership; a bona fide officer or employee of a corporation, trust or association may represent the corporation, trust or association; and an officer or employee of a governmental agency ma…

(a) The purpose of this chapter is to promote the safety of persons and the protection of property, the furtherance of safe travel along the Hana Highway and the general welfare of the residents of Hana. This chapter is precautionary and preventive in nature. The intent is to ext…

No motor vehicle or other power vehicle, or combination of such vehicles, equipped wholly with pneumatic tires, which has a total gross weight, including vehicle and load, in excess of ten tons shall be operated or moved upon that section of the Hana Highway between Kailua Villag…

The department may, upon application in writing and if good cause appears, issue a special permit in writing, authorizing the applicant to move a vehicle or combination of vehicles the total gross weight of which is in excess of ten tons, along and upon the section of Hana Highwa…

The application shall indicate for the vehicle or combination of vehicles, its number of axles, gross weight, axle loads, number of wheels per axle, tire sizes, axle spacing and tread width. "Tread width" means the distance between the centerlines of the two tires on the same axl…

Upon receipt of the completed application, the department shall analyze, based upon vehicle and load configuration, whether the lowest capacity structure along the Hana Highway can safely continue to support such a vehicle and load configuration. Analysis shall be based upon Sect…

(a) The inventory rating is that load level which can safely utilize an existing structure for an indefinite period. (b) If the inventory rating of the lowest capacity structure is exceeded by the vehicle, or combination of vehicles, conveying a load which consists of gravel, cem…

The operating rating is the absolute maximum permissible load level to which a structure may be subjected. No permit shall be issued for a vehicle and load the gross weights of which exceeds the operating rating of the structures. Notes Haw. Code R. § 19-101-7 [Eff. MAY 30 1981] …

All rules and regulations governing the movement of overweight vehicles along and upon Hana Highway (FAS 360) between Kailua Village and Hana Town in effect prior to the effective date of this chapter are repealed. Notes Haw. Code R. § 19-101-8 [Eff. MAY 30 1981] (Auth: HRS Sec. …

The purpose of this chapter is to establish a fee schedule for the issuance of permits to perform work on state highways which shall provide revenues sufficient to defray any expenses the department of transportation may incur in connection with the permits. Notes Haw. Code R. § …

As used in this chapter, unless the context clearly indicates otherwise: "State highways" means all highways designated for inclusion in the state highway system and under the jurisdiction of the department of transportation. The designated state highway system is comprised of th…

The following fees are due and payable at the time an application is made for a permit. The minimum fee is $10; it shall not be refundable even if the applicant, after the issuance of the permit and payment of the fee, decides not to proceed with the construction. The minimum fee…

Quantities for the determination of the fee shall be computed by the district engineer from the approved construction plans. Notes Haw. Code R. § 19-102-4 [Eff. JUN 01 1981] (Auth: HRS Sec. 264-7) (Imp: HRS Sec. 264-7)

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 …