reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 105 - ACCOMMODATION AND INSTALLATION OF UTILITIES ON STATE HIGHWAYS AND FEDERAL AID COUNTY HIGHWAYS › Subchapter 5 - OTHER PROVISIONS › Section 19-105-20 - Compliance with laws

Current through June, 2024
The utilities shall comply with all federal, state and
					 county laws, rules, orders, ordinances, policies and procedures that are
					 applicable to this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 105 - ACCOMMODATION AND INSTALLATION OF UTILITIES ON STATE HIGHWAYS AND FEDERAL AID COUNTY HIGHWAYS › Subchapter 5 - OTHER PROVISIONS › Section 19-105-21 - Severability

Current through June, 2024
If any section of this chapter is held invalid for any
					 reason whatsoever, such invalidity shall not affect the validity of the
					 remaining sections of this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 105 - ACCOMMODATION AND INSTALLATION OF UTILITIES ON STATE HIGHWAYS AND FEDERAL AID COUNTY HIGHWAYS › Subchapter 5 - OTHER PROVISIONS › Section 19-105-22 - Repeal

Current through June, 2024
All rules and regulations governing the accommodation and
					 installation of utilities on state highways and federal aid county highways in
					 effect prior to the effective date of this chapter are repealed.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 106 - EXEMPTION FROM AND REFUND OF STATE VEHICLE WEIGHT TAX AND MOTOR CARRIER GROSS WEIGHT FEE ON VEHICLES WITH NET WEIGHT OF 6,000 POUNDS OR OVER THAT ARE USED FOR AGRICULTURAL PURPOSES › Section 19-106-1 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly
				  indicates otherwise:
"Agriculture" means the husbandry or culture of crops, on or
				  in soil or water.
"Agricultural purposes" means any action or activity whose
				  primary function is supportive of, related to, used in, or involved with
				  agriculture but excludes the production of crops or raising of livestock
				  primarily for recreational, promotional, or sporting purposes. When used in
				  connection with or as descriptive of a vehicle, this term encompasses vehicles
				  dedicated exclusively to agricultural pursuits, but does not include common or
				  contract carrier vehicles, and private carrier vehicles used to transport
				  agricultural supplies or products by persons not actually engaged in
				  agricultural production. Vehicles owned and operated by agricultural
				  cooperatives organized under chapter 421 of the Hawaii Revised Statutes are
				  deemed to be used for "agricultural purposes".
"Director" means the director of the state department of
				  transportation.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 106 - EXEMPTION FROM AND REFUND OF STATE VEHICLE WEIGHT TAX AND MOTOR CARRIER GROSS WEIGHT FEE ON VEHICLES WITH NET WEIGHT OF 6,000 POUNDS OR OVER THAT ARE USED FOR AGRICULTURAL PURPOSES › Section 19-106-2 - Filing of claims

Current through June, 2024
(a) Refund of the
				state vehicle weight tax may be obtained by filing a claim on form DOT 4-507
				and where applicable form DOT 4-510 (multiple vehicle listing) with the state
				department of transportation.
(b)
				The motor carrier gross weight fee shall be refunded by filing a claim on form
				DOT 1-105 with the state department of transportation.
(c) All claims shall be filed by September 30
				or within 90 days after payment of the tax, whichever is later.
(d) Refunds shall be given only to an
				applicant who has paid the tax and is the owner of the vehicle.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 106 - EXEMPTION FROM AND REFUND OF STATE VEHICLE WEIGHT TAX AND MOTOR CARRIER GROSS WEIGHT FEE ON VEHICLES WITH NET WEIGHT OF 6,000 POUNDS OR OVER THAT ARE USED FOR AGRICULTURAL PURPOSES › Section 19-106-3 - Certification of owner for exemption

Current through June, 2024
(a) The owner of
				the vehicle that meets the criteria of this chapter shall be exempted from
				paying the state vehicle weight tax.
(b) Requests for certification of exemption
				shall be made by completing and filing form DOT 4-508, and where applicable
				form DOT 4-510, with the state department of transportation, highways
				division.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 106 - EXEMPTION FROM AND REFUND OF STATE VEHICLE WEIGHT TAX AND MOTOR CARRIER GROSS WEIGHT FEE ON VEHICLES WITH NET WEIGHT OF 6,000 POUNDS OR OVER THAT ARE USED FOR AGRICULTURAL PURPOSES › Section 19-106-4 - Evidence that vehicle is used for agricultural purposes

Current through June, 2024
The claimant for refund or exemption based on exclusive use
				  for agricultural purposes under this chapter shall present to the director his
				  state general excise tax license, or a copy of it, or any other evidence
				  satisfactory to the director, that the refund or exemption claimed is true,
				  correct, and in accordance with the purpose and intent of the law and this
				  chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 106 - EXEMPTION FROM AND REFUND OF STATE VEHICLE WEIGHT TAX AND MOTOR CARRIER GROSS WEIGHT FEE ON VEHICLES WITH NET WEIGHT OF 6,000 POUNDS OR OVER THAT ARE USED FOR AGRICULTURAL PURPOSES › Section 19-106-5 - Form for refunds and exemptions

Current through June, 2024
(a) Forms for
				refunds and exemptions may be obtained at the county motor vehicle registration
				office.
(b) On the islands of
				Hawaii, Maui, and Kauai, forms may also be obtained at the district offices of
				the highways division, department of transportation.
(c) On Oahu, forms may also be obtained at
				the Oahu district office, highways division, 727 Kakoi Street,
				Honolulu.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 106 - EXEMPTION FROM AND REFUND OF STATE VEHICLE WEIGHT TAX AND MOTOR CARRIER GROSS WEIGHT FEE ON VEHICLES WITH NET WEIGHT OF 6,000 POUNDS OR OVER THAT ARE USED FOR AGRICULTURAL PURPOSES › Section 19-106-6 - Records

Current through June, 2024
(a) The vehicle owner requesting a refund or
				exemption shall furnish all records required by the director to verify the
				claim for refund and the certification of exemption.
(b) The state department of transportation
				shall be granted access, at all reasonable times, to all books, accounts,
				records, and reports, without notice to make a complete examination of the
				records to substantiate claims for refund or exemption.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 106 - EXEMPTION FROM AND REFUND OF STATE VEHICLE WEIGHT TAX AND MOTOR CARRIER GROSS WEIGHT FEE ON VEHICLES WITH NET WEIGHT OF 6,000 POUNDS OR OVER THAT ARE USED FOR AGRICULTURAL PURPOSES › Section 19-106-7 - Repeal

Current through June, 2024
All rules and regulations relating to the exemption from and
				  the refund of the state vehicle weight tax and the motor carrier gross weight
				  fee on vehicles with a net weight of 6,000 pounds or over that are used for
				  agricultural purposes in effect prior to the effective date of this chapter are
				  repealed.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-1 - Purpose; objective

Current through June, 2024
The purpose of this chapter is to implement and carry out
				  federal regulations relating to enforcement of the federal heavy vehicle use
				  tax. The objective is to obtain evidence of proof of payment of the federal
				  heavy vehicle use tax for vehicles subject to the tax before those vehicles are
				  lawfully registered in the state.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly
				  indicates otherwise:
"County" means the county of Hawaii, the city and county of
				  Honolulu, the county of Kauai, or the county of Maui, as appropriate.
"Customarily used" means a commonly used mode and that a
				  semitrailer or trailer shall be treated as customarily used in connection with
				  a highway motor vehicle if the vehicle is equipped to tow such semitrailer or
				  trailer.
"Director" means the director of the State department of
				  transportation or his duly authorized representative.
"Federal heavy vehicle use tax" or "FHVU tax" means the use
				  tax imposed by section 4481 of the Internal Revenue Code of 1954, as
				  amended.
"Highway motor vehicle" means any truck or bus that is
				  propelled by its own motor and is designed to carry a load over public
				  highways.
"Net weight" of a vehicle means the actual weight of the
				  vehicle, as used for motor vehicle registration purpose.
"Semitrailer" means a trailer so constructed that a
				  substantial part of its weight rests upon the truck-tractor by which it is
				  drawn.
"State" means the State of Hawaii.
"Trailer" means a vehicle designed for carrying persons or
				  property and for being drawn by a motor vehicle.
"Truck" means a motor vehicle designed, used, or maintained
				  primarily for the transportation of property.
"Truck-tractor" means a truck designed and used primarily
				  for drawing other vehicles and not so constructed as to carry a load to other
				  than a part of the weight of the vehicle and load so drawn.
"Vehicle" means every device in, upon, or by which any
				  person or property is or may be transported or drawn upon a highway, but
				  excludes devices moved by human power or devices used exclusively upon
				  stationary rails or tracks and mopeds.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-3 - Applicability

Current through June, 2024
This chapter shall apply to all highway motor vehicles with
				  net weight of over eight thousand pounds, except vehicles owned by the United
				  States, the State, or any political subdivision of the State.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-4 - Documents to be submitted prior to registration

Current through June, 2024
Except as provided in section
				  19-107-8, the registered owner of
				  a vehicle subject to this chapter under section
				  19-107-3 shall submit the "Federal
				  Heavy Vehicle Use Tax Exempt Certification" (DOT 4-705) pursuant to section
				  19-107-6, or the "proof of
				  payment" pursuant to section
				  19-107-7, or both of these
				  documents when both categories of vehicles are involved, to the office
				  specified in section
				  19-107-11 prior to registering the
				  highway motor vehicle with the county. If these documents are not submitted
				  prior to notification by the county that a clearance certificate is required,
				  the registrant shall obtain a clearance certificate pursuant to section
				  19-107-9 from the office specified
				  in section
				  19-107-11 prior to registering the
				  highway motor vehicle with the county. Any delay in submission of the required
				  document may result in the delay of such registration.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-5 - Taxable gross weight

Current through June, 2024
(a) The taxable
				gross weight of a vehicle is the sum of:
(1)
				The actual unloaded weight of the vehicle fully equipped for service;
(2) The actual unloaded weight of any trailer
				or semitrailer fully equipped for service that is customarily used in
				combination with the vehicle; and
(3) The weight of the maximum load
				customarily carried on the vehicle and on any trailer or semitrailer used in
				combination with the vehicle.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-6 - Federal heavy vehicle use tax exempt certification

Current through June, 2024
(a) The
				registered owner of a vehicle subject to this chapter with taxable gross weight
				of less than fifty-five thousand pounds shall execute the Federal Heavy Vehicle
				Use Tax Exempt Certification" (DOT 4-705, HWY-S 9/86) form, a copy of which is
				located at the end of this chapter and made a part of this section, and shall
				provide all data requested on the form. The completed form shall be submitted
				to the office specified in section 19-107-11.
(b) The certification shall be valid for 5
				years or until June 30 of the year of the renewal period as defined in
				subsection (c) whichever is sooner, except:
(1) When a vehicle listed on the
				certification changes its customary mode of operation and becomes subject to
				the FHVU tax, the change shall be reported in a letter submitted to the office
				specified in section 19-107-11 within ten days of the change in use of the
				vehicle;
(2) When there is an
				addition of a new or used vehicle subject to the certification requirements, a
				supplemental certification covering only the addition shall be executed using
				the "Federal Heavy Vehicle Use Tax Exempt Certification" form. The executed
				certification shall be submitted to the office specified in section 19-107-11
				before the vehicle can be registered with the county, except where the motor
				vehicle qualifies under section 19-107-8.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-7 - Proof of payment

Current through June, 2024
(a) The registered
				owner of a highway motor vehicle with taxable gross weight of fifty-five
				thousand pounds or more shall submit proof of payment of the FHVU tax annually
				to the office specified in section 19-107-11 before the vehicle can be
				registered with the county. The term "proof of payment" shall be considered to
				refer in appropriate cases to proof of suspension of such tax under subsection
				4483-3, Internal Revenue Code of 1954, as amended.
(b) The proof of payment required in
				subsection (a) shall consist of:
(1)
				Receipted Schedule 1 (Form 2290) that is returned by the Internal Revenue
				Service (IRS) to a taxpayer who files the tax return, or a photocopy of that
				receipted Schedule 1;
(2) In lieu
				of a receipted copy for the payment of tax, a photocopy of schedule 1 (Form
				2290) that was submitted to the IRS plus a photocopy of both sides of the
				cancelled check showing payment of taxes and endorsement by IRS or other
				evidence of payment;
(3) In lieu of
				receipted copy for suspension of tax, photocopies of Schedule 1 (Form 2290) and
				the signed and dated "Statement(s) in support of suspension of Tax", page 2,
				Form 2290 which was submitted to IRS;
(4) If a Schedule 1 which does not include a
				list of vehicle identification numbers is submitted as proof of payment, the
				Schedule 1 shall be accompanied by a written statement listing the vehicle
				sought to be registered and a statement that the FHVU tax applicable to the
				vehicle has been paid. The written statement shall be signed by the taxpayer
				whose name appeared on the Schedule 1.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-8 - Exception for vehicle recently acquired

Current through June, 2024
The county may register a highway motor vehicle without
				  proof of payment if the person registering the vehicle presents the original
				  bill of sale (or other document evidencing transfer) indicating that the
				  vehicle was purchased by the owner either as new or used vehicle during the
				  preceding sixty days before the date that the county receives the application
				  of registration of that vehicle.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-9 - Clearance certificate

Current through June, 2024
(a) When the
				vehicle registration renewal form issued by the county indicates that a
				clearance certificate is required, the registrant shall obtain a clearance
				certificate from the State prior to registering the highway motor vehicle with
				the county.
(b) In order to obtain
				the clearance certificate, the registered owner shall submit the "Federal Heavy
				Vehicle Use Tax Exempt Certification." (DOT 4-705) or proof of payment, or both
				if applicable, covering the vehicles to be registered to the office specified
				in section 19-107-11.
(c) The
				"clearance certificate" (DOT 4-708, HWY-S 10/86), a copy of which is located at
				the end of this chapter and made a part of this section, shall be completed by
				the highways division, department of transportation and signed by the
				individual duly authorized by the director.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-10 - State-county responsibilities

Current through June, 2024
(a) The State and
				county shall implement and maintain an automated information system and records
				to evidence the meeting of the objective of this chapter.
(b) The State shall be responsible for:
(1) Overall coordination and monitoring of
				the program for enforcement of the federal heavy vehicle use tax;
(2) Maintaining supporting documentation and
				records for evaluating compliance with 23 O.S.C. 5141(d) by the Federal Highway
				Administration;
(3) Receiving from
				registered owners of highway motor vehicles subject to this chapter the
				documents required by sections 19-107-6 and 19-107-7;
(4) Providing data obtained from paragraph
				(3) to the county for the purpose of establishing and updating the county's
				motor vehicle registration file with data to facilitate the registration of
				highway motor vehicles in compliance with this chapter;
(5) Providing the county with notice to send
				to the owner of a vehicle subject to this chapter, when done in conjunction
				with registration renewal;
(6)
				Executing the "clearance certificate";
(7) Executing the annual certification for
				compliance to be submitted to the Federal Highway Administration.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 107 - ENFORCEMENT OF THE FEDERAL HEAVY VEHICLE USE TAX › Section 19-107-11 - State office responsible for program; limitation of program

Current through June, 2024
(a)
				The staff services office, highways division, department of transportation is
				the office responsible for the program on enforcement of the federal heavy
				vehicle use tax. However, its enforcement function is limited to carrying out
				the objective specified in section 19-107-1. Any questions relating to the
				applicability of the tax and the filing of the tax return (Form 2290) shall be
				directed to the Internal Revenue Service, U. S, Department of the
				Treasury.
(b) The certification and
				letter of change in taxable status of a vehicle required by section 19-107-6
				and the proof of payment required by section 19-107-7 shall be submitted to:
Staff Services Office, Highways Division
Aliiaimoku Hale, Room 514
869 Punchbowl Street Honolulu, HI 96813
(c) The blank certification form (DOT 4-705)
				and clearance certificate may be obtained from the office shown in subsection
				(b) and:
(1) For vehicles registered in the
				County of Hawaii only
Hawaii District Office
50 Makaala Street
Hilo, Hawaii 96720
Phone: 935-3347
(2) For vehicles registered in the County of
				Kauai only
Kauai District Office
3060 Eiwa Street
Lihue, Hawaii 96766
Phone: 245-4461
(3) For vehicles registered in the County of
				Maui only
Maui District Office
650 Palapala Drive
Kahului, Hawaii 96732
Phone: 877-5061
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 108 - HIGH OCCUPANCY VEHICLE LANES › Section 19-108-1 - Purpose

Current through June, 2024
The purpose of this chapter is to maximize the people moving
				  capability of the state highway system, mitigate transportation-related
				  pollution, and reduce dependency on fossil fuels, through the use of high
				  occupancy vehicle lanes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 108 - HIGH OCCUPANCY VEHICLE LANES › Section 19-108-2 - Definitions

Current through June, 2024
As used in this chapter: "Bus" means every motor vehicle
				  designed for carrying more than ten passengers and used for the other than a
				  school bus or a taxicab, designed and used for the transportation of persons
				  for compensation.
"Demonstration section" means a section of roadway used as an
				  experimental project for improvements to validate cost-benefits.
"Department" means state department of transportation.
"Director" means state director of transportation or an
				  authorized representative.
"Driver" means every person who drives or is in actual
				  physical control of a vehicle.
"Electric Vehicle" means a vehicle as defined in §
									291-71,
				  HRS.
"Emergency vehicle" includes such fire department vehicles,
				  police vehicles, ambulances, and ocean safety vehicles as are publicly owned
				  and such other publicly or privately owned vehicles as are designated by the
				  city or county council.
"Express lane" means a rapid travel lane and may include high
				  occupancy vehicle lanes.
"High occupancy vehicle" means a motor vehicle carrying at
				  least two or more persons, including carpools, vanpools, and buses.
"High occupancy vehicle lane" means a designated lane of a
				  laned roadway where the use of the designated lane is restricted to school
				  buses, vehicles carrying at least two persons, and other vehicles as provided
				  herein or by county ordinance.
"Motorcycle" means every motor vehicle having a seat or
				  saddle for the use of the rider and designed to travel on not more than three
				  wheels in contact with the ground but excludes a farm tractor and a
				  moped.
"Official traffic-control devices" means all signs, signals,
				  markings, and devices not inconsistent with this chapter placed or erected by
				  authority of the director, for the purpose of regulating, warning, or guiding
				  traffic.
"Police Officer" means every officer authorized to direct or
				  regulate traffic or to make arrests for violations of traffic
				  regulations.
"Public transit bus" means a bus used in the county bus
				  system and owned by the county or a contractor with the county.
"School bus" means every motor vehicle as defined in §
									286-181,
				  HRS, and any rules promulgated pursuant to that section by the department of
				  education.
"Zip or zipper lane" means a barrier-separated high occupancy
				  vehicle lane.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 108 - HIGH OCCUPANCY VEHICLE LANES › Section 19-108-4 - Designation of high occupancy vehicle lanes

Current through June, 2024
The following are designated as high occupancy vehicle lanes
				  by the director when signed and marked by official traffic control
				  devices:
(1) Interstate Route H-1,
				Manager's Drive to Keehi Interchange;
(2) Interstate Route H-2, Waiawa Interchange
				to Mililani Interchange;
(3) Route
				H201, Moanalua Freeway, Halawa Interchange to Puuloa Road;
(4) Route 72, Kalanianaole Highway, West
				Halemaumau Street to Ainakoa Avenue; and (5) Route 92, Nimitz Highway, Keehi
				Interchange to Pacific Street.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 108 - HIGH OCCUPANCY VEHICLE LANES › Section 19-108-5 - Demonstration sections of highways

Current through June, 2024
The director may designate demonstration sections of other
				  portions of highways as high occupancy vehicle lanes by the installation of
				  official traffic control devices when deemed necessary to improve traffic
				  conditions. Designated demonstration sections may be in operation for a period
				  not to exceed one calendar year. In order to make a demonstration section
				  effective beyond the one year period, the demonstration section must be
				  designated as a high occupancy vehicle lane by an amendment of section
				  19-108-4
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 108 - HIGH OCCUPANCY VEHICLE LANES › Section 19-108-6 - Traffic controls

Current through June, 2024
The director shall place, install, and maintain traffic
				  signs, signals, pavement markings, and other official traffic control devices
				  to advise drivers of the high occupancy vehicle requirement and the hours of
				  usage. Motor vehicles shall be operated in high occupancy vehicle lanes in
				  conformance with the instructions on the signs and other official traffic
				  control devices.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 108 - HIGH OCCUPANCY VEHICLE LANES › Section 19-108-7 - Vehicle exceptions

Current through June, 2024
The following vehicles or persons may use a high occupancy
				  vehicle lane regardless of the number of persons in the vehicle:
(1) Motorcycles, school buses, public transit
				buses, emergency vehicles, and electric vehicles on which an electric vehicle
				license plate is affixed; or
(2)
				Drivers that utilize Kalanianaole Highway, located on the island of Oahu, by
				permit issued by the director to persons who reside on the east-bound,
				oceanside of Kalanianaole Highway between West Halemauroau Street and Ainakoa
				Avenue, and have no traffic signalized access onto Kalanianaole
				Highway.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-1 - Purpose

Current through June, 2024
The purpose of this chapter is to implement HRS section
				  291C-4
				  by establishing procedures for the distribution and expenditure of moneys in
				  the safe routes to school program special fund.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-2 - Definitions

Current through June, 2024
Unless the context clearly indicates otherwise, as used in
				  this chapter:
"Counties" means the City and County of Honolulu, and Maui,
				  Hawaii and Kauai counties.
"Department" means the State of Hawaii department of
				  transportation.
"Director" means the director of the department of
				  transportation or an authorized representative.
"HRS" means Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-3 - Safe routes to school program special fund

Current through June, 2024
(a) The following
				shall be deposited into the fund:
(1)
				Assessments collected for speeding in a school zone pursuant to HRS section
				291C-104;
				and
(2) Safe routes to school
				program surcharges collected in accordance with HRS sections
				291-16
				and
				291C-5.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-4 - Transfer of funds

Current through June, 2024
(a) The director shall determine on not less
				than an annual basis the amount of moneys to be distributed to counties, and
				distribute funds to each county in accordance with the following formula:
(1) One-half shall be distributed evenly
				among the counties; and
(2) The
				other half shall be distributed among the counties in proportion to their
				respective number of public school students in grades K-8 that live within
				walking distance from the school they attend.
(A) Walking distance shall be considered to
				be within a 1-mile radius for students in grades K-5 or 1.5 mile radius for
				students in grades 6-8.
(B) The
				department shall obtain the most current data as made available from the State
				of Hawaii Department of Education.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-5 - Expenditure of funds

Current through June, 2024
(a) Moneys in the
				safe routes to school program special fund shall be available for use by the
				department to administer a state safe routes to school program including,
				without limitation, the cost of equipment and general administrative
				overhead.
(b) Moneys distributed
				from the safe routes to school program special fund shall be used by the
				counties to administer a county-level safe routes to school program, including,
				without limitation, the cost of equipment and general administrative
				overhead.
(c) Projects funded in
				part or whole by moneys from the safe routes to school program special fund
				shall:
(1) Primarily benefit elementary or
				middle school children; and
(2)
				Achieve at least one of the following of the following goals:
(A) Enable and encourage children, including
				those with disabilities, to walk or bicycle to school;
(B) Make walking and bicycling to school a
				safer and more appealing transportation alternative, thereby encouraging a
				healthy and active lifestyle from an early age; and
(C) Facilitate the planning, development and
				implementation of projects and activities that will improve safety and reduce
				traffic, fuel consumption and air pollution in the vicinity of
				schools.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-6 - County safe routes to school program coordinators

Current through June, 2024
(a) Each
				county shall:
(1) Designate a safe routes to
				school program coordinator; and
(2)
				Develop a county-level safe routes to school program which includes a process
				to identify and implement safe routes to school infrastructure and
				non-infrastructure projects.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-7 - Reporting requirements

Current through June, 2024
(a) Each county
				safe routes to school coordinator shall:
(1)
				Submit to the department by July 1 of each year a mid-year progress report on
				the status of its county-level safe routes to school program; and
(2) Submit to the department by November 1 of
				each year an annual report on the status and progress of its safe routes to
				school program.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 109 - SAFE ROUTES TO SCHOOL PROGRAM SPECIAL FUND › Section 19-109-8 - Severability

Current through June, 2024
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
				  to be invalid for any reason, the validity of the remainder of this chapter
				  shall not be affected.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-1 - Purpose and scope

Current through June, 2024
Because of the ever increasing number of traffic accidents
				  occurring on the public highways each year, it is deemed in the public interest
				  that a statewide, interrelated traffic records system shall be established. The
				  system shall be designed to assure that appropriate data on traffic accidents,
				  drivers, motor vehicles, and roadways am available to provide:
(1) A reliable indication of the magnitude
				and nature of the highway traffic accident problem;
(2) A reliable means for identifying
				short-term changes and long-term trends in the magnitude and nature of traffic
				accidents; and
(3) A valid basis
				for:
(A) The detection of high or
				potentially-high accident locations and causes;
(B) The detection of health, behavioral, and
				related factors contributing to accident causes;
(C) The design of accident, fatality, and
				injury countermeasures;
(D) The
				development of means for evaluating the cost effectiveness of these measures;
				and
(E) The planning and
				implementation of selected enforcement and other operational
				programs.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-2 - Responsibility of agencies to maintain and compile records

Current through June, 2024
State and county agencies shall develop, maintain, and
				  compile traffic records in accordance with these rules in a form approved by
				  the director of transportation.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-3 - County records

Current through June, 2024
(a) County records
				shall be developed and maintained as provided in this section.
(b) The county agency designated by the
				executive officer of each county as responsible for the registration of
				vehicles in the county shall record information concerning the vehicles
				including:
(1) Make of vehicle;
(2) Model year;
(3) Type of body;
(4) Color;
(5) Vehicle identification number (rather
				than motor number);
(6) License
				plate number;
(7) Name of current
				owner; and
(8) Current address of
				owner.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-4 - State records

Current through June, 2024
State records shall be developed and maintained as
				  follows:
(1) The department of
				education shall record information concerning driver education, including the
				identification of students and whether they successfully completed
				courses;
(2) The district and
				circuit courts shall record any information concerning violations of traffic
				ordinances and statutes;
(3) The
				department of transportation shall record information concerning the
				identification of accident locations; and
(4) The department of health shall record
				information concerning the declaration of persons as blind and the commitment
				of persons as mentally ill or retarded.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-5 - Establishment of statewide traffic records system

Current through June, 2024
At the request of the director of transportation, the county
				  and state agencies shall provide the director, or a designated representative,
				  all records which are required to be kept pursuant to section
				  19-121-3 or
				  19-121-4 and which the director
				  deems necessary for the purpose of establishing the statewide interrelated
				  traffic records system,
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-6 - Release of information identifying individuals

Current through June, 2024
(a) Subject
				to authorization granted by the chief justice of the supreme court of the State
				with respect to the traffic records of the violations bureau of the district
				and circuit courts, which are within the chief justice's control, information
				concerning any individual or in which any individual is identified may be
				furnished by the director of transportation if the requestor is:
(1) Acting on behalf of a state, a political
				subdivision of a state, a federal department, or agency;
(2) Required by law to give written notice by
				mail to owners of vehicles; or
(3)
				Deemed to have a legitimate request because the requestor:
(A) Is using the information for
				noncommercial research in traffic safety programs or statistical
				reports;
(B) Is a manufacturer
				performing, or an agent acting on behalf of or an agent assisting the
				manufacturer of new motor vehicles to perform, a voluntary or ordered motor
				vehicle defect or safety defect recall pursuant to a specific request;
				or
(C) Is determined otherwise to
				have a legitimate request by the director, pursuant to the standards of
				subsection (c).
Notwithstanding paragraphs (1) to (3), the director may
				  refuse a request if the director determines that the applicant has previously
				  given false information regarding the intended use of the requested
				  information. A request may be canceled if the director determines that
				  reasonable evidence exists that the request constitutes an unwarranted invasion
				  of privacy pursuant to article I, section 6 of the Hawaii state constitution or
				  that the requestor has used or intends to use the information for a purpose
				  which violates any restrictive provision of this chapter or has compromised the
				  public health, safety, or welfare of the data subject.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-7 - Release of information not identifying individuals

Current through June, 2024
This chapter notwithstanding, information from the statewide
				  traffic records system that does not identify individuals by name, address, or
				  other means of enabling personal contact may be furnished to any person who
				  pays the fees in section
				  19-121-9.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-8 - Corporate or other surety bond requirements

Current through June, 2024
Corporate or other surety bonds naming the state and the
				  director as obligees in the appropriate amounts specified below shall be
				  provided to the state prior to the release of traffic records under section
				  19-121-6(a) (3).
				  Where the number of individual records provided is:
(1) Not more than 3,333, the bond amount
				shall be $1,000; or
(2) Greater
				than 3,333, the dollar amount of the bond shall be equal to thirty percent of
				the number of records provided, up to a maximum bond amount of $70,000.
Corporate surety bonds shall remain in effect for not less
				  than a period of two years from the date of the release of the information, and
				  they must be obtained from a surety company that is licensed to do business in
				  the State of Hawaii.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 121 - TRAFFIC RECORDS › Section 19-121-9 - Fees and fee exemptions for traffic records release

Current through June, 2024
(a) The
				director shall charge a flat $100 administrative fee to requestors under
				sections l9-12l-6(a)(3) and 19-121-7 for the release of statewide traffic
				records plus the actual cost for providing the information including but not
				limited to:
(1) Supplies and equipment,
				actual cost;
(2) Actual cost for
				first class postage;
(3) Prorated
				computer use charges as follows:
(A) Central
				processing unit - $638,49 per hour;
(B) Disk - $1,30 per hour;
(C) Tape - $74.45 per hour;
(D) Lines printed - 75 cents per
				thousand;
(4) Labor
				charges as follows:
(A) Keypunch - $41.16 per
				hour;
(B) Programmer - $42-23 per
				hour.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-2 - Instruction or commercial learner's permit required

Current through June, 2024
All applicants shall obtain an instruction or commercial
					 learner's permit if they are not licensed by the State of Hawaii or any other
					 jurisdiction for the category of motor vehicle for which application is made.
					 As used in this chapter. categories of motor vehicles shall be as set forth in
					 sections
					 286-102 and
					 286-239,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-3 - Issuance of instruction or commercial learner's permit

Current through June, 2024
No instruction or commercial learner's permit shall be
					 issued to an applicant unless the applicant:
(1) Passes the vision test described in
				  section
				  19-122-356;
(2) Passes a written, oral, or automated test
				  pursuant to sections
				  19-122-10
				  and
				  19-122-11,
				  determined by the examiner of drivers to be appropriate for the category of
				  motor vehicle for which the applicant seeks to be licensed;
(3) Presents proof of name and date of birth.
				  CLP or category 4 applicants must be at least 18 years of age;
(4) Presents social security card unless the
				  examiner of drivers receives verification from the United States Social
				  Security Administration stating the applicant is ineligible for a social
				  security number or the applicant refuses or is unable to provide a social
				  security number. If an applicant refuses or is unable to provide a social
				  security number, the applicant will be eligible for issuance of a limited
				  purpose instruction permit upon meeting all other applicable requirements for
				  issuance provided in this section;
(5) Meets the qualification standards of 49
				  CFR, Part 391, Subparts B and E if the applicant expects to obtain a category 4
				  or commercial learner's permit. An applicant for a commercial driver's license
				  who is not physically qualified under
				  49 CFR
				  391.41(b)(1) or (2) may
				  qualify by obtaining an intrastate physical disability waiver. An application
				  is available at the DOT Motor Vehicle Safety Office Library web site.
(6) Shows a clear driving status on the
				  Commercial Driver License Information System, the National Driver Register
				  Problem Driver Pointer System, and other data exchange applications to
				  determine the applicant's identity and eligibility; and
(7) Presents proof of residency in the State
				  of Hawaii in accordance with section
				  19-122-302(2)
				  (D) to obtain a permit for a commercial
				  driver's license.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-4 - Temporary driver's license, temporary provisional driver's license, temporary instruction permit, temporary limited purpose driver's license, temporary limited purpose provisional driver's license, temporary limited purpose instruction permit, or temporary limited purpose commercial learner's permit; validity period

Current through June, 2024
Except as otherwise provided in section
					 19-122-308
					 and section
					 19-122-353(f),
					 a temporary driver's license, temporary provisional driver's license, temporary
					 instruction permit, temporary limited purpose driver's license, temporary
					 limited purpose provisional driver's license, temporary limited purpose
					 instruction permit, or temporary limited purpose commercial learner's permit
					 shall be issued to a person who qualifies for the appropriate license or
					 permit. The examiner of drivers may issue the appropriate temporary driver's
					 license or permit valid for ninety days when experiencing network or system
					 problems. Qualified drivers who need to wait for central issuance to produce
					 and deliver the license or permit may be issued the appropriate sixty-day
					 temporary license or permit.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-5 - Renewal of driver's license

Current through June, 2024
(a) No driver's
				  license shall be renewed until the applicant has passed the vision test
				  described in section
				  19-122-356.
				  Applicants must pass the hazardous materials test described in section
				  19-122-10
				  to renew a hazardous materials endorsement. The examiner of drivers may require
				  further physical examinations and practical tests to be conducted upon the
				  applicant as the examiner finds necessary to determine the applicant's fitness
				  to continue to operate a motor vehicle safely upon the highways.
(b) Before renewing a driver's license, the
				  examiner of drivers shall obtain the applicant's clear driving status on the
				  Commercial Driver License Information System, the National Driver Register
				  Problem Driver Pointer System, and other data exchange applications to
				  determine the applicant's identity and eligibility.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-6 - Reexamination after failure

Current through June, 2024
If an applicant fails the knowledge or practical test,
					 there shall be a mandatory waiting period of at least one week but not more
					 than thirty days before the applicant shall be eligible for
					 retesting.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-7 - REPEALED

Current through June, 2024
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-8 - REPEALED

Current through June, 2024
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 5 - MOTOR VEHICLE SAFETY OFFICE › Chapter 122 - RULES RELATING TO THE EXAMINATION OF APPLICANTS FOR ISSUANCE AND RENEWAL OF MOTOR VEHICLE DRIVER'S LICENSES AND PERMITS › Subchapter 1 - GENERAL PROVISIONS › Section 19-122-9 - REPEALED

Current through June, 2024