Chapter 286 — Chapter 286

PART XI. MOTOR CARRIER SAFETY LAW §286-201 Definitions. As used in this part unless the context otherwise requires: "Director" means the director of transportation. "Gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicl…

§286-202 General duties and powers of the director. The general duties and powers of the director shall be:

§286-202.5 Driver improvement program. (a) Every employer who employs a commercial motor vehicle driver who drives a motor vehicle with a gross vehicle weight rating in excess of ten thousand pounds shall provide for every such driver a driver improvement program. This program sh…

§286-202.6 Marking of motor carrier vehicles. (a) In addition to the requirements in title 49 Code of Federal Regulations section 390.21, every motor carrier vehicle shall be marked as specified in subsections (b), (c), and (d). (b) The marking shall display the following informa…

§286-203 Enforcement. For purposes of the enforcement of this part, the director of transportation shall have any powers of enforcement as may be necessary to implement this part. The director may delegate the enforcement of this part to county executive officers. For the purpose…

§286-208 REPEALED. L 2022, c 84, §1.

§286-209 Safety inspection of motor carrier vehicles. (a) Motor carrier vehicles, including but not limited to trucks, truck-tractors, semitrailers, trailers, or pole trailers, having a gross vehicle weight rating of more than ten thousand pounds, motor carrier vehicles having a …

PART II. INSPECTION OF VEHICLES AND MOPEDS §286-21 Vehicles and mopeds without required equipment or in unsafe condition. No person shall drive or cause to move on any highway any motor vehicle, moped, trailer, semitrailer, or pole trailer, or any combination thereof, unless the …

§286-210 Operation of a motor carrier vehicle without a safety inspection decal. Whoever operates, permits the operation of, causes to be operated, or parks any motor carrier vehicle on a public highway without a current motor carrier vehicle safety inspection decal, issued under…

§286-211 Permits to operate official inspection stations. (a) The director shall issue permits for and furnish instructions and all forms to official inspection stations. The stations shall operate pursuant to standards established by the director. (b) Application for an official…

§286-215 Fees and charges. The director shall establish fair and reasonable fees for applications for approval of plans and specifications for construction or modification of a motor vehicle or class of motor vehicles in Hawaii which will at any time be operated upon the highways…

§286-22 Inspection by officers of the police department. (a) The chief of police or any police officer of any county may, at any time when the chief of police or police officer has reasonable cause to believe that a vehicle or moped is unsafe or not equipped as required by law, r…

PART XII. TRANSPORTATION OF HAZARDOUS MATERIALS §286-221 Definitions. As used in this part, unless the context otherwise requires: "Hazardous material" means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing…

§286-222 General powers. (a) The department of transportation may regulate the transportation of hazardous materials by motor carrier in commerce. (b) The department shall annually adopt the hazardous material regulations established by the United States Department of Transportat…

§286-223 Scope. (a) The federal rules establish minimum standards and must be complied with when transporting a hazardous material by motor carrier in commerce. (b) Transport shall be deemed to include any operation incidental to the whole course of carriage by motor carrier from…

§286-224 Inspections. (a) Any shipment or transport of hazardous materials by motor vehicle in commerce of which vehicle placarding or a shipping paper or manifest is required by the hazardous materials regulations adopted by the State, is subject to inspection by persons appoint…

§286-225 Hazardous materials incident reporting. (a) Any employee of the motor carrier, the driver, handlers, and loaders, and any employees of state and county governments shall report hazardous materials incidents as follows: (b) Whenever possible, the incident report should in…

§286-226 Routes. The intrastate shipment of explosives of any quantity that would require placarding of the transporting motor vehicle by the rules adopted pursuant to this part, shall not take place without first giving the police department and the fire department of the county…

§286-23 Responsibility for compliance. (a) Every owner or driver, upon receiving a citation as provided in section 286-22(b), shall comply therewith and shall within five days secure an official certificate of inspection or make the necessary corrections or repairs, or the driver…

PART XIII. COMMERCIAL DRIVER LICENSING §286-231 Definitions. As used in this part unless the context otherwise requires: "Commercial driver's license downgrade" means: "Commercial driver's license information system driver record" means the electronic record of an individual comm…

§286-232 Limitation on number of driver's licenses. No person who drives a commercial motor vehicle may have more than one driver's license. [L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1993, c 268, §3]

§286-233 Notification requirements. (a) Any driver of a commercial motor vehicle holding a commercial driver's license or a commercial learner's permit issued by this State who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in…

§286-234 Employer responsibilities. (a) Each employer shall require the applicant to provide the information specified in section 286-233. (b) No employer shall knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle: (c) Any employer who viola…

§286-235 Commercial driver's license required. (a) No person shall drive a commercial motor vehicle unless the person holds a valid commercial driver's license and valid applicable endorsements and restrictions for the vehicle the person is driving, except when driving under a co…

§286-235.5 Persons exempt from licensure. The following persons shall be exempt from licensure under this part:

§286-236 Commercial driver's license qualification standards. (a) No person shall be issued a commercial driver's license unless that person: The tests shall be prescribed by the director and administered by the respective county examiner of drivers. The test examiners shall comm…

§286-236.5 Renumbered as §286-102.3.

§286-237 REPEALED. L 2006, c 130, §11.

§286-238 Application for commercial driver's license [or commercial learner's permit]. (a) The application for a commercial driver's license or commercial learner's permit shall include the following with respect to the applicant: The applicant shall produce proof of residency to…

§286-238.5 REPEALED. L 2014, c 72, §8.

§286-239 Commercial driver's license. (a) Commercial driver's licenses may be issued with the following categories: (b) Commercial drivers' licenses may be issued with any one or more of the following endorsements and restrictions: (c) The holder of a valid commercial driver's li…

§286-239.5 Reactivation of expired commercial driver's license; fees; road test waived. (a) Unless revoked or suspended, and except as provided in subsection (b), any commercial driver's license that has expired under section 286-239 or rules adopted pursuant to section 286-246 m…

§286-24 Registered owner's responsibility; registration plates as prima facie evidence as to the fault of the registered owner. In any proceeding for violation of this part, the registered owner of a vehicle shall be deemed responsible for the unsafe condition of the vehicle. [L …

§286-241 Notification of disqualification, suspension, revocation, cancellation, marking medical certification status as not-certified, or downgrading of commercial driver's licenses or permits. (a) After disqualifying a person, or suspending, revoking, canceling, or marking a me…

§286-241.4 Authority of examiner of drivers to suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade commercial driver's license or permit. (a) The examiner of drivers may suspend, revoke, cancel, mark the medical certification status as no…

§286-241.5 Notification and hearing. When the examiner of drivers suspends, revokes, or cancels a commercial driver's license or a commercial learner's permit under section 286-241.4(a), the examiner of drivers shall immediately notify the licensee or permittee and afford the lic…

§286-242 Commercial drivers prohibited from operating with any alcohol in their body. (a) Notwithstanding any other provision of this chapter, a person may not drive a commercial motor vehicle while having any alcohol in that person's body. (b) A person who drives a commercial mo…

§286-243 Implied consent requirements for commercial motor vehicle drivers. (a) A person who drives a commercial motor vehicle within this State is deemed to have given consent to submit to a test or tests, approved by the director of health, of that person's blood or breath for …

§286-244 Notification of traffic convictions. (a) Whenever a person who holds a commercial driver's license or a commercial learner's permit from another state is convicted of a violation of any state or county law relating to motor vehicle traffic control, other than a parking v…

§286-245 Driving record information to be recorded and furnished. (a) Whenever a person is convicted of a moving traffic violation based on a statute, ordinance, or rule, fails to appear for a hearing, trial, or other court or administrative proceeding on the moving traffic viola…

§286-248 Reciprocity. Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's license or a non-domiciled commercial learner's permit issued by any state, Mexico, or province or territory of Canada that issues …

§286-249 Penalty. (a) Any person who drives a commercial motor vehicle in the State without a valid commercial driver's license or commercial learner's permit, or while the person's driving privileges are suspended, revoked, or canceled, or while disqualified from driving a comme…

§286-25 Operation of a vehicle or moped without a certificate of inspection. Whoever operates, permits the operation of, causes to be operated, or parks any vehicle or moped on a public highway without a current official certificate of inspection, issued under section 286-26, sha…

PART XIV. ADMINISTRATIVE REVOCATION OF DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION--REPEALED §§286-251 to 286-266 REPEALED. L 2000, c 189, §29.

§286-26 Certificates of inspection. (a) The following vehicles shall be certified as provided in subsection (e) once every year: Ambulances shall be certified as provided in subsection (e) once every six months. (b) All other vehicles, including motorcycles, mopeds, trailers, sem…

§286-26.5 Special interest vehicles. (a) As used in this section: "Collector" means an owner of one or more vehicles, including parts vehicles, who collects, purchases, acquires, trades, or disposes of a vehicle or its parts, for the owner's own use, to preserve, restore, and mai…

§286-27 Permits to operate official inspection stations. (a) The department of transportation, referred to in this section and sections 286-28 and 286-29 as "the department", shall be responsible for issuing permits for and furnishing instructions and all forms to official inspec…

[PART XV.] INTERISLAND SHIPPING OF VEHICLES §286-271 Interisland shipping of vehicles; proof required. (a) Except as provided in subsection (b), a legal owner of a vehicle shall not ship that vehicle interisland in this State unless the legal owner first presents to the carrier t…

§286-28 Fines. The department shall supervise and cause inspections to be made of official inspection stations and shall issue a fine, in an amount determined by the department by rule, to a station that it finds is not properly conducting inspections. After three violations, the…

§286-29 Improper representation as official inspection station. Any person who shall in any manner represent that the business operated at any location is an official inspection station without a permit issued by the department under section 286-27, or any person other than a per…