Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-11 - General conditions of permits

Current through June, 2024
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 police officer
				or representative of the department; provided that in the case of annual
				permits, this requirement may be met where a copy of the permit is carried in
				the vehicle, and the original permit is readily available for inspection from
				the operator's offices in the county of issuance.
(2) The permit shall entitle the permittee to
				move only on the specified state highways and bridges. The right to use other
				highways is neither implied nor granted.
(3) The permit shall be effective only
				insofar as the department has authority for its issuance, and does not relieve
				the permittee from complying with other existing state and county laws and
				ordinances which may govern the movement.
(4) The permittee shall comply with all signs
				that are posted whether such signs are permanent or posted temporarily due to
				emergency conditions.
(5) An
				oversize or overweight vehicle shall not at any time be loaded nor unloaded nor
				parked upon any state highway or bridge without permission from the department,
				except in case of emergency.
(6)
				The permittee shall check structures and overhead utility lines for available
				clearance in overheight movements.
(7) The permittee shall secure the components
				of the vehicle and load with appropriate devices to prevent creating any
				hazards. Vehicles carrying agricultural produce from fields during harvesting
				shall- be exempt from this requirement but the owner of the vehicle shall
				exercise reasonable care to prevent creating any hazards and provide for the
				reasonable removal of all such produce spilled or dropped on the
				highway.
(8) The extremities of an
				oversize vehicle or load shall be marked with flags or lights in accordance
				with existing state and county laws, ordinances, and rules.
(9) The proposed movement shall be made so
				that the traveled way will remain open for traffic at all times. In movements
				over two-lane pavements, provisions shall be made for continuous movement of
				opposing traffic and for frequent passing by vehicles traveling in the same
				direction. If necessary, the vehicle shall be moved away from the traveled way
				at frequent intervals to allow traffic to pass. Vehicles shall not travel upon
				the highway shoulder except when pulling over to allow following vehicles to
				pass.
(10) Whenever the department
				or policing agency having jurisdiction over such highways determines that the
				traffic, weather or other conditions will create a hazard in the movement, the
				department or agency may at any time delay the movement under the
				permit.
(11) The issuance of permit
				shall not in any way be construed as a warranty by the state that the route to
				be used for the movements is in a safe and usable condition.
(12) Misrepresentation of information set
				forth in the application or noncompliance with limitations in weight and
				dimensions, route of travel or other provisions as stated in the permit shall
				render the permit void, and the permittee shall be subject to all penalties
				provided by law with respect to the provisions violated. The movement shall not
				be permitted to continue until the deficiencies have been corrected and a new
				permit has been issued. Issuance of a new permit shall not release the
				permittee from the penalties provided by law.
(13) The right to revoke the permit at any
				time for any justifiable reasons is reserved.
(14) No duly authorized representative of the
				state shall be responsible personally for any liability arising under the
				permit; and furthermore, the permittee shall save and hold harmless the state
				and any of its officers, agents representatives, successors and assigns from
				any and all suits or actions of every nature and kind which may be brought for
				or on account of any injury, death, or damage, directly or indirectly arising
				or growing out of the acts or omissions of the permittee, its officers/ agents,
				employees or servants in the use of the permit.
(15) The permit shall cover only the person
				or firm designated as permittee and is not transferable.
(16) Movement of oversize or overweight
				vehicles shall not be permitted on days and during hours when, in the opinion
				of the district engineer, extremely heavy traffic is expected.
(17) Movements on Saturdays, Sundays and
				state holidays may be permitted at the discretion of the district
				engineer.