reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 2 - INSPECTION STATIONS › Section 19-135-18 - Enforcement by the county agency director

Current through June, 2024
The county agency by authority of the director shall
					 suspend or revoke inspection station permits or moped safety inspector
					 certificates when it finds that the inspection station or inspector, as the
					 case may be, is not properly conducting inspections or finds any vehicle as
					 defined in section
					 291C-1, HRS owned by
					 the inspector or station is out of compliance with this chapter. The director
					 shall use the provisions in chapter 19-133.5, for this
					 chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 2 - INSPECTION STATIONS › Section 19-135-19 - Operating procedures for inspectors

Current through June, 2024
Certified moped inspectors shall conduct all official
					 moped safety inspections in accordance with this chapter, chapter
					 19-131 and the following
					 requirements:
(1) No person shall act
				  as a certified moped inspector or issue any official moped inspection
				  certificate and sticker unless that person possesses a current, valid, moped
				  inspector's certificate to conduct moped inspections at the inspection station
				  location indicated on the certificate issued by the county agency having
				  jurisdiction over the inspection station;
(2) Certified moped inspectors shall be the
				  only person authorized to issue and affix safety stickers to a moped after
				  successful completion of the periodic official moped inspection;
(3) Every certified moped inspector shall
				  conduct moped inspections in accordance with the criteria of this chapter and:
(A) 49 CFR Parts 570 and 571 as they existed
				  on October 1, 2016;
(B) Chapter
				  19-131, Hawaii Administrative Rules; and
(C) Instructions for operation of the hand-
				  held computer provided by the electronic form contractor;
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 2 - INSPECTION STATIONS › Section 19-135-20 - Supervision of inspectors

Current through June, 2024
The county agency by authority from the director shall
					 exercise control over all certified moped inspectors under its jurisdiction.
					 This supervisory function shall include, but is not limited to, the following
					 activities:
(1) Examining and
				  qualifying all certified moped inspectors;
(2) Issuing of additional forms as may be
				  required;
(3) Monitoring official
				  moped inspection activities of certified moped inspectors; and
(4) Conducting investigations of reported or
				  suspected improper moped safety inspection activities.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-21 - Application for Inspection certification

Current through June, 2024
(a) Any moped owner
				  or operator shall be allowed to make an appointment with any public moped
				  inspection station for inspection of a moped. The appointment shall be
				  scheduled within fifteen days after the date of application for
				  inspection.
(b) Any moped owner or
				  operator shall not be obliged to have any repair work performed at the station
				  where the inspection is made.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-22 - Causes for refusal to inspect

Current through June, 2024
An inspection station may refuse to inspect any moped
					 whenever the performance of any component that needs to be inspected cannot
					 readily be determined because of an accumulation of dirt, grease, or other
					 foreign material.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-23 - Inspection fees

Current through June, 2024
(a) The director shall determine the fee to
				  be paid to the inspection station by the moped owner for the inspection of a
				  moped. This fee shall be the same as the motorcycle fee defined in section
				  19-133.2-22.
(b) When an application for certification of
				  moped safety inspection is made at an inspection station, a certified moped
				  inspector may first collect the inspection fee, and then conduct the inspection
				  pursuant to this chapter.
(c) If
				  more than thirty days have elapsed since the applicant's moped failed to
				  qualify for certification, a complete reinspection shall be made of the entire
				  moped and the full fee for another inspection may be charged by the
				  inspector.
(d) An inspection
				  station may charge the fee determined by the director as defined at section
				  19-133.2-22(e)(5)
				  for the replacement of destroyed or stolen inspection stickers.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-24 - Failure to qualify for certification and correction of defects

Current through June, 2024
(a) When a moped fails to pass an inspection
				  for certification in accordance with this chapter, a failure notice shall be
				  issued and the authorized sticker shall not be affixed to the moped.
(b) A copy of the failure notice, shall be
				  given to the applicant if the moped fails inspection, so that corrective
				  repairs may be done on the moped. When, upon reinspection, the moped is found
				  to be in safe operating condition, the certificate of inspection shall be
				  issued and a sticker affixed to the moped in accordance with this
				  chapter.
(c) If the applicant
				  refuses to have the corrective repairs done immediately, no certificate of
				  inspection shall be issued by the inspector, but a copy of the failure notice
				  shall be given to the applicant. The applicant shall have thirty days to
				  correct all the deficiencies and return to the station for reinspection at no
				  additional cost.
(d) If, after
				  corrective repair within the thirty-day period, the moped is found to qualify
				  for certification, the certificate of inspection shall be completed and signed
				  by the safety inspector and issued to the applicant and a sticker affixed to
				  the moped in accordance with this chapter. No additional fee shall be
				  charged.
(e) This section does not
				  authorize anyone to operate a moped on the public highways without a valid
				  certificate of inspection or with an expired certificate.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-25 - Issuance of certificates of inspection and affixing of inspection stickers

Current through June, 2024
(a) When the moped's equipment is inspected
				  pursuant to this chapter, and is found to qualify for certification, a
				  certificate indicating that the vehicle passed inspection and sticker are then
				  automatically printed and the certificate of inspection shall be signed by the
				  certified moped inspector who performed the inspection.
(b) After the certificate of inspection is
				  signed, an inspection sticker authorized by the director shall be affixed by
				  the inspector upon the rearmost nearly vertical portion of the moped or on
				  another appropriate place where, in the opinion of the director, the sticker
				  can be clearly viewed by a person who is fifty feet behind the moped. A bracket
				  attached to the side or bottom of the license plate is an appropriate
				  place.
(c) All expired or replaced
				  safety inspection stickers appearing on the moped shall be removed and
				  destroyed, unless the moped owner requests to have the sticker placed upon the
				  old sticker in such a way that only the new one is visible.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-26 - Replacement of lost or stolen certificates or stickers

Current through June, 2024
(a)
				  Inspection stickers which have been lost or stolen may be replaced without
				  reinspection by the inspection station that issued the original inspection
				  certificate and sticker, if the moped owner or operator can furnish proof of
				  inspection and approval, and the loss is reported to the police department
				  before the current certification expires and there are no obvious defects on
				  the moped at the time replacement is requested.
(b) Reinspection shall be required if there
				  is no evidence of a previous inspection or the inspection certificate has
				  expired.
(c) The certified moped
				  inspector shall record safety inspection sticker replacements in the inspection
				  computer.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-27 - Items to be inspected

Current through June, 2024
The following original equipment items meeting
					 requirements on the date of manufacture of the moped, plus any additional items
					 subsequently required or permitted to be installed, shall be inspected on all
					 mopeds presented for inspection.
(1)
				  Alignment of wheels;
(2) Body
				  items;
(3) Brakes;
(4) Drive;
(5) Engine/Battery;
(6) Exhaust;
(7) Fenders;
(8) Foot Rests;
(9) Frame;
(10) Fuel;
(11) Horn;
(12) Insurance;
(13) Kill switch;
(14) Lamps and reflectors;
(15) Light switch;
(16) Mirror
(17) Odometer/speedometer;
(18) Registration;
(19) Seat;
(20) Stand;
(21) Steering;
(22) Suspension;
(23) Throttle;
(24) Tires;
(25) Wheels;
(26) Windscreen;
(27) Wiring.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-29 - Standards and criteria

Current through June, 2024
The standards used for moped safety inspection are as
					 follows:
(1) 49 CFR Parts 566, 567,
				  and 573 to 577 as they existed on October 1, 2016;
(2) Federal Motor Vehicle Safety Standard
				  (FMVSS) Numbers 106 (brake hoses), 108 (lamps and reflectors). 111 (rear view
				  mirror), 119 (tires), 122 (motorcycle brake system), 123 (motorcycle controls)
				  and 205 (motorcycle windscreen only) as they existed on October 1, 2016;
				  and
(3) Chapter
				  19-131, entitled "Required Equipment
				  on Mopeds" as they existed on May 16, 2003.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 135 - PERIODIC SAFETY INSPECTION OF MOPEDS › Subchapter 3 - GENERAL PROCEDURE FOR INSPECTION › Section 19-135-30 - Severability

Current through June, 2024
If any portion of this chapter is held invalid for any
					 reason, the invalidity shall not affect the validity of the remainder of this
					 chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 136 - INTOXILYZER › Section 19-136-1 - Purpose

Current through June, 2024
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.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 136 - INTOXILYZER › Section 19-136-2 - Definitions

Current through June, 2024
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 having the responsibility for administering and
				  enforcing standard procedures for testing breath samples established for the
				  instrument or intoxilyzer by its manufacturer.
"Instrument or intoxilyzer" means any device specified in
				  the National Highway Traffic Safety Administration Qualified Products List of
				  Evidential Breath Testers for Alcohol Content under the Federal Standard for
				  Devices to Measure Breath Alcohol (44 Fed. Reg, no. 111, p. 32781, June 7,
				  1979; also on 47 Fed. Reg. no, 43, p. 9313, March 4, 1982; both amending 39
				  Fed. Reg. 41399).
"Qualified testing personnel" means any person receiving
				  proper training in the operation of the instrument or intoxilyzer and is
				  certified as a qualified operator of the instrument or intoxilyzer by the chief
				  of police of the county in which the test is to be conducted and is also
				  certified as qualified to conduct the test procedures described in chapter
				  11-111,
				  Hawaii Administrative Rules, entitled "Testing of Blood, Breath and Other
				  Bodily Substances for Alcohol Concentration".
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 136 - INTOXILYZER › Section 19-136-3 - Instrument or intoxilyzer utilized

Current through June, 2024
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 Evidential
				  Breath Testers for' Alcohol Content under the Federal Standard for Devices to
				  Measure Breath Alcohol (44 Fed. Reg, no. 111, p. 32781, June 4, 1979; also on
				  47 Fed. Reg: no. 43, p. 9313, March. 4, 1982; both amending 39 Fed. Reg.
				  41399).
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 136 - INTOXILYZER › Section 19-136-5 - Certified operators required

Current through June, 2024
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."
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 136 - INTOXILYZER › Section 19-136-7 - Violation

Current through June, 2024
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
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 136 - INTOXILYZER › Section 19-136-8 - Repeal of emergency rules

Current through June, 2024
The emergency rules adopted as chapter 19-136, Hawaii
				  Administrative Rules, on June 7, 1984, and reenacted on October 4, 1984, are
				  repealed.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-1 - Purpose

Current through June, 2024
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 to
				  third party examiners certified by the department and who have entered into a
				  contract with the state.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-2 - Definitions

Current through June, 2024
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 having the responsibility
				  for administering the driver's licensing program.
"Department" means the state department of
				  transportation.
"Examiner certificate" means the card issued by the
				  department to an individual who has been certified by the department to conduct
				  the skill tests required for both a category 4 license and a CDL.
"FHWA" means Federal Highway Administration.
"FMCSR" means the Federal Motor Carrier Safety Regulations
				  promulgated by the U.S. Department of Transportation.
"Third party examiner" means an individual who has been
				  certified and been issued an examiner certificate by the department to
				  administer the approved testing program for a category 4 license applicant and
				  CDL applicant in accordance with the requirements of this
				  chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-3 - General provisions

Current through June, 2024
(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 state before administering any skill tests.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-4 - Application requirements for third party examiners

Current through June, 2024
(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 endorsements required for
				operation of the class and type of motor vehicle used in the skill tests to be
				performed by the applicant;
(3) Has
				successfully completed a department-approved CDL examiner training course by
				demonstrating proficiency in the following areas:
(A) A comprehensive understanding of all
				information in the CDL driver's manual;
(B) A working knowledge of the CDL examiner's
				manual;
(C) Ability to administer
				and score correctly each of the CDL skill tests; and
(D) Knowledge of testing site and route
				requirements.
(4) Has no
				DUI conviction within three years prior to filing the application;
(5) Has no driver's license suspension,
				revocation, cancellation or disqualification within three years prior to filing
				the application;
(6) Is at least 21
				years of age and possesses the equivalent of a high school diploma;
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-5 - Duties and responsibilities of third party examiners

Current through June, 2024
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, provided by the department;
(3) Allow FHWA, its representative, the
				department, and the county to conduct random examinations, inspections and
				audits without prior notice;
(4)
				Allow the department and the county to conduct annual on-site
				inspections;
(5) Maintain records
				of all skill tests administered for at least two years. Each record shall
				include:
(A) Driver applicant's complete name
				and address;
(B) Driver applicant's
				social security number and any other driver applicant's license number with the
				state or jurisdiction that issued the license;
(C) Date the driver applicant took the skill
				tests;
(D) Test score sheet(s)
				showing the results of the skill tests;
(E) Record of test receipts and
				refunds;
(F) Vehicle description,
				GVWR, license plate number(s) of the motor vehicle(s) used to conduct the
				testing; and
(G) Copy of the
				written contract, if applicable, with any person or group of persons being
				tested, including amounts charged for the various tests;
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-6 - Fees

Current through June, 2024
The maximum fee charged by a third party examiner for each
				  skill test shall not exceed the fee under section
				  19-122-21.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-7 - Examiner certificate

Current through June, 2024
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 examiner
				status.
(2) The third party
				examiner must surrender the certificate to the department when the certificate
				has been revoked by the department or if the third party examiner becomes
				permanently inactive.
(3) All third
				party examiner certificates shall be non-transferable.
(4) The third party examiner's certificate
				shall be valid for the duration of the third party examiner's driver's
				license.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-8 - Training of third party examiners

Current through June, 2024
(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
				number of third party examiners is unable to meet the driver demand for third
				party examinations as determined by the department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-9 - Display of certification

Current through June, 2024
All certified third party examinees shall display their
				  certification to their applicant drivers at the approved testing
				  facilities.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-10 - On-site inspections and audits

Current through June, 2024
(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) Records relating to the
				third party testing program;
(2)
				Evidence of compliance with the FMCSRs;
(3) Skill testing procedures, practices and
				operations;
(4) Vehicles used for
				testing;
(5) Qualifications of
				third party examiners;
(6)
				Effectiveness of the skill tests program by either testing a sample of drivers
				who have been issued a skill tests notice of pass by the third party examiner
				or having county or state employees take the skill tests from a third party
				examiner; and
(7) Any other aspect
				of the third party examiner's operation that the department determines is
				necessary to verify that the third party examiner meets the requirements for
				certification.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-11 - Professional conduct

Current through June, 2024
(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 written or skill tests driver examination given by the
				county.
(b) No third party examiner
				or agent of the third party examiner shall solicit any individual on the
				premises rented, leased, or owned by the department or the county for the
				purpose of enrolling that individual in any third party testing
				program.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-12 - Advertising

Current through June, 2024
(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 the issuance of a category 4 or commercial driver's
				license; or
(3) Imply that the
				program can obtain preferential or advantageous treatment from the county in
				the issuance of a category 4 or CDL.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-13 - Notification requirements

Current through June, 2024
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 third party examiner receives notice of
				any change in the third party examiner's driving status, and send a written
				notification within ten days of that change.
(3) Notify the department, in writing within
				ten days, of any of the following occurrences:
(A) The third party examiner terminates
				business operations.
(B) The third
				party examiner fails to comply with any of the department or county
				requirements.
(C) The third party
				examiner receives notice from the county of the third party examiner's driver's
				license suspension, revocation, disqualification, cancellation, or DUI
				conviction.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-14 - Test administration

Current through June, 2024
(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 administrative procedures and/or
				changes.
(b) Skill tests shall be
				conducted:
(1) On test routes and off-road
				test sites approved by the department.
(2) In a vehicle that is representative of
				the class and type of vehicle for which the category 4 or CDL applicant seeks
				to be licensed and for which the third party examiner is qualified to
				test.
(3) Using department approved
				content, forms and scoring procedures.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 137 - CATEGORY 4 AND COMMERCIAL DRIVER THIRD PARTY EXAMINER REQUIREMENTS › Section 19-137-15 - Denial/termination of third party testing authority

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 19-139-1 - Purpose

Current through June, 2024
Subchapters 1 to
					 6 establish policies and procedures to
					 establish a statewide driver education and behind-the-wheel driver training
					 program for persons under the age of eighteen applying for a Class 1, 2 or 3
					 license as required in section
					 286-108.4,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 19-139-2 - Definitions

Current through June, 2024
As used in subchapters 1 through
					 6, unless a different meaning clearly
					 appears from the context:
"Behind-the-wheel" means driving Instruction in a vehicle
					 by a certified instructor.
"Behind-the-wheel" Student completion certificate" means
					 the form given to the Student who has successfully completed all requirements
					 for a behind-the-wheel driving course or a certified driving Simulator
					 curriculum.
"Commercial school" rneans any for-profit driving school
					 or instructor,
"County" means the county agency having the responsibility
					 for administering the driver licensing program.
"Curriculum" means the course of Instruction certified by
					 the department for use in driver education, Simulator, and behind-the-wheel
					 driving courses.
"Department" means the State department of transportation.
					 "Director" means the State director of transportation.
"Driver education" means certified formal classroom
					 Instruction, on-line or Internet course on how to drive a motor vehicle,
					 traffic laws, and effective driving behaviors.
"Driver education instructor certificate" means the card
					 issued to an instructor who has been certified by the department to conduct
					 driver education or behind-the-wheel driving courses or both,
"Driver education Student completion certificate" means
					 the document given to the Student who has successfully completed all
					 requirements for a driver education course through a certified classroom
					 course, or on-line or Internet course.
"Driver training car" means a vehicle that is used to
					 teach behind-the-wheel driving.
"Dual control" means a vehicle that is equipped with
					 driving controls that can be controlled by both the driver and the front seat
					 passenger.
"Instructor" means an individual who has been issued a
					 driver education instructor certificate by the department to administer driver
					 education or behind-the-wheel driving courses or both in accordance with the
					 requirements of this chapter.
"On-line course" or "Internet course" means an Interactive
					 driver education program available on a Computer through the Internet at
					 approved locations and consists of a certified driver education
					 curriculum,
"Private school" means any non-public school.
"Public school" means any school administered by the State
					 department of education,
"Simulator" means a fully Interactive, high Performance
					 driving Simulation System consisting of realistic driver controls with active
					 force feedback steering, a minimum of 150 degrees forward field of view capable
					 of a minimum 60 Hz update rate, high fidelity vehicle dynamics, fully
					 articulated scenario vehicles, and driving environments developed to meet
					 accepted highway design and sign Standards.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 19-139-3 - Procedure to obtain driver's license for persons under eighteen years of age

Current through June, 2024
All persons under the age of eighteen, wishing to receive
					 a Class 1, 2, or 3 driver's license, in addition to the requirements of chapter
					 286, Hawaii Revised Statutes, and chapter 19-122, Hawaii Administrative Rules,
					 shall present a driver education student completion certificate and a
					 behind-the-wheel student completion certificate for the class of license
					 sought, to the examiner of drivers.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 19-139-4 - Fees

Current through June, 2024
(a) Students will be responsible for paying
				  all fees for driver education, simulator, and behind-the-wheel driving courses.
				  The maximum fee charged by an instructor for each student shall not exceed:
(1) $250 per person for driver's education
				  classroom instruction;
(2) $100 per
				  person for an on-line or internet course;
(3) $50 per hour for behind-the-wheel driving
				  lessons; and
(4) $250 per person
				  for a simulator course.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-10 - General provisions

Current through June, 2024
(a) No person shall
				  be certified as a driver education or behind-the-wheel driving instructor
				  unless the applicant satisfies the following conditions:
(1) Possesses a valid Hawaii driver's license
				  with the classification and endorsements required for operation of the class
				  and type of motor vehicle used in driver education;
(2) Has successfully completed a training
				  course certified, or subsequently certified, by the department in subchapter
				  5. Instructors who have been certified
				  by the department of education within five years prior to 12/2/00, will be
				  considered to have successfully completed a department certified
				  course;
(3) Subject to section
				  19-139-13(h), applicant has not had more than one moving traffic violation
				  within one year prior to obtaining certification; not more than two moving
				  traffic violations within three years prior to obtaining certification; and not
				  more than three moving traffic violations within five years prior to obtaining
				  certification;
(4) Has no driving
				  under the influence of alcohol or drugs conviction within five years prior to
				  obtaining certification;
(5) Has no
				  driver's license suspension, revocation, cancellation, or disqualification
				  within three years prior to obtaining certification;
(6) Is at least twenty-one years of age and
				  possesses the equivalent of a high school diploma;
(7) Has had a valid driver's license
				  recognized by the State of Hawaii for at least five consecutive years prior to
				  obtaining certification;
(8) Meets
				  the requirements of subchapter 3, provided that "applicants" and "employees"
				  and "persons who have been employed continuously by the department of education
				  on a salary basis prior to July 1, 1990" as defined in chapter
				  9-7, Hawaii Administrative Rules, may
				  meet this requirement by complying with chapter
				  8-7, Hawaii
				  Administrative Rules. At the expiration of the chapter 8-7 certification,
				  "applicants" and "employees" as defined in chapter
				  8-7, Hawaii
				  Administrative Rules, must recertify according to subchapter 3; and
(9) Has effective communication skills; is
				  capable of assessing and observing appropriate student behavior; is capable of
				  engaging students in meaningful driver education activities; and models
				  positive driving behaviors.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-11 - Certification courses for instructors

Current through June, 2024
All applicants for certification as instructors must
					 complete a course in driver education and behind-the-wheel teaching methods
					 that has been certified, or subsequently certified, by the department:
(1) Courses that are offered by the
				  University of Hawaii to certify driver education instructors for the department
				  of education are pre-approved to meet the requirements of this
				  section.
(2) The curricula of other
				  instructor training courses shall be submitted to the department for review and
				  certification by a task force established by the department and certification
				  by the director, as provided in subchapter
				  5.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-12 - Duties and responsibilities of driver education instructors and other providers

Current through June, 2024
The duties and responsibilities of driver education
					 instructors and other providers shall be as follows:
(1) Conduct instruction in accordance with
				  the requirements of this chapter;
(2) Maintain records of all students taught
				  for five years. Each record shall include;
(A)
				  Student's complete name, address and birth date;
(B) Student's permit or driver license number
				  with the jurisdiction that issued the license, if applicable;
(C) Dates the student took and completed the
				  course and attendance record;
(D) A
				  copy of the written contract, if applicable, with any person being taught,
				  including amounts charged for the course(s); and
(E) A notarized statement from a parent or
				  guardian received by the driver education instructor or provided prior to the
				  issuance of the behind-the-wheel student completion certificate, stating that
				  the applicant has completed forty hours of daytime driving and ten hours of
				  nighttime driving supervised by a licensed driver over the age of eighteen.
				  Applicants for a Class 1 or 2 license are exempt from the ten hours of
				  nighttime supervised driving;
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-13 - Driver education instructor certificate

Current through June, 2024
(a) A driver
				  education instructor certificate will be issued authorizing the instructor to
				  conduct driver education or behind-the-wheel driving courses or both.
(b) The driver education instructor
				  certificate will be granted upon satisfactory completion of a training course
				  certified, or subsequently certified, under section 19-139-11 and when all
				  requirements in section 19-139-10, have been met.
(c) The driver education instructor
				  certificate shall be non-transferable.
(d) Subject to section 19-139-13(h), the
				  driver education instructor certificate is renewable annually for four years
				  with the submittal of a traffic abstract that records no more than one moving
				  traffic violation within the past year, not more than two moving traffic
				  violations within the past three years; and not more than three moving
				  violations within the past five years; a state tax clearance; and proof of
				  general liability and vehicle insurance,
(e) Every fifth year, the certificate will be
				  renewed:
(1) Upon completion of all
				  requirements in section 19-139-10; and
(2) Upon completion of a professional
				  development course approved by the department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-14 - Display of driver education instructor certificate

Current through June, 2024
All instructors shall display their driver education
					 instructor certificate to their students in the vehicle during the time of
					 instruction.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-15 - Denial or termination of driver education instructor certificate

Current through June, 2024
(a) The department may deny any application
				  for a driver education instructor certificate upon any of the following
				  grounds:
(1) Failure to comply with or
				  satisfy any of the requirements of this chapter; or
(2) Falsification of any information provided
				  to the department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-16 - Driver education

Current through June, 2024
All vehicles used in behind-the-wheel driving courses must
					 meet the following minimum standards:
(1) The vehicle must have a current motor
				  vehicle registration and safety check.
(2) The vehicle must be in good working
				  condition,
(3) The vehicle must be
				  equipped with dual brakes and instructor's eye check mirrors.
(4) The vehicle must display a "Student
				  Driver" sign in a prominent location on the vehicle when the vehicle is used in
				  instruction.
(5) The vehicle must
				  be covered by insurance in a form and with provisions satisfactory to the
				  department, including as a minimum;
(A) Bodily
				  injury--$100,000 per person, $300,000 per occurrence; and
(B) Property damage--$20,000 per occurrence.
The insurance policy must name the State of Hawaii and the
					 counties as additional insureds unless the insurance coverage required by this
					 section is included in the commercial general liability policy required by
					 section 19-139-13(g).
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 2 - REQUIREMENTS FOR DRIVER EDUCATION INSTRUCTORS › Section 19-139-17 - Driver education seal

Current through June, 2024
The department will issue each certified instructor a
					 driver education seal which the certified instructor shall use to place a seal
					 upon the driver education student completion certificate or the
					 behind-the-wheel student completion certificate. The director may charge
					 instructors a refundable deposit of up to $100 for the seal. The deposit, if
					 any, shall be returned when the seal is returned to the
					 department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 3 - DRIVER EDUCATION INSTRUCTOR APPLICANTS; CRIMINAL HISTORY RECORD; EMPLOYMENT HISTORY; BACKGROUND CHECK › Section 19-139-51 - General rule

Current through June, 2024
(a) Applicants who work in close proximity to
				  children shall be of reputable and responsible character.
(b) The department may refuse to issue a
				  driver education instructor certificate to, may terminate the driver education
				  instructor certificate of, or may revoke the driver education instructor
				  certificate of any applicant who has a criminal history record, employment
				  history, or background involving violence; alcohol or drug abuse, sex offense,
				  offense involving children or any other circumstance which indicates that the
				  applicant may pose a risk to the health, safety, or well-being of children. The
				  refusal, termination, or revocation action may be based on:
(1) Conviction of a crime which indicates
				  that the person poses a risk to the health, safety, or well-being of children
				  (the type of criminal offense, when it occurred, and evidence of rehabilitation
				  may be considered in determining whether the criminal history record indicates
				  a risk to children);
(2) Other
				  information or evidence which reflect upon the character and fitness of the
				  person which indicates that the person poses a risk to children;
(3) Failure to accurately and fully complete
				  and submit certification application documents; or
(4) Failure to declare, concealing, or
				  falsifying criminal history, employment history, or background information to
				  the department.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 139 - DRIVER EDUCATION PROGRAM REQUIREMENTS › Subchapter 3 - DRIVER EDUCATION INSTRUCTOR APPLICANTS; CRIMINAL HISTORY RECORD; EMPLOYMENT HISTORY; BACKGROUND CHECK › Section 19-139-52 - Applicant duty to provide information

Current through June, 2024
(a) Except as
				  otherwise specified or exempted from criminal history record check
				  requirements, any person who teaches driver's education or seeks certification
				  as a driver education instructor with the department in a position which places
				  that person in close proximity to children is required to provide to the
				  department:
(1) An accurately and fully
				  completed certification application with all requested information and
				  documents including employment references; and
(2) A written consent for the department to
				  obtain information from current and past employers and references.