reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-9 - Certificate of insurance

Current through June, 2024
(a) The applicant
				shall file with the district engineer a certificate of self-insurance or a
				certificate of any insurance carrier authorized to do business in the State
				certifying that there is a comprehensive automobile liability insurance policy
				covering said applicant, and his authorized agents, executors, administrators,
				heirs, and assigns and naming the state as additional insured for liability in
				the minimum amount of $100,000 for bodily injury to or death of one person in
				any one accident, and in the amount of $300,000 for bodily injury to or death
				of more than one person in any one accident, and in the amount of $50,000
				because of damage to or destruction of property of others in any one
				accident.
(b) In the event
				liability minimums higher than those specified are required by law, the higher
				shall prevail.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-10 - Issuing permits

Current through June, 2024
(a) The chief and
				the district engineers of the highways division and their designated
				representatives are authorized by the director to issue permits for the
				movement of vehicles or combinations of vehicles which exceed the maximum size
				or weight limits established by law upon state highway.
(b) Permits may be issued when:
(1) An application has been submitted in
				writing.
(2) The vehicle or vehicle
				and load has been thoroughly described and identified, the points of origin and
				destination and the route of travel have been stated and approved;
				and
(3) The proposed move has been
				determined to be consistent with traffic safety.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-12 - Special conditions of permit

Current through June, 2024
In addition to the above general conditions, the district
				  engineer may impose special conditions in issuing the permit for, but not
				  limited to, the following:
(1)
				Operating speed;
(2) Escort
				vehicle;
(3) Police escort;
				and
(4) Flagman.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-13 - Permit fees

Current through June, 2024
(a) A fee shall be charged for each permit
				issued as follows:
(1) Single trip permit for
				loads less than 1.35 times the allowable load or less than 14 feet in width
				........$5
(2) Continuous trip
				permit for loads less than 1.35 times the allowable load or less than 14 feet
				in width.....$10
(3) Overweight
				permit in excess of 1.35 times the allowable load..............$25
(4) Oversize permit for width in excess of 14
				feet......$25
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-14 - Movement of oversized vehicles, vehicle combinations and load

Current through June, 2024
(a) Should one or more dimension of an object
				or article to be moved exceed the legal limitations, or should the weight be
				greater than the legal limitations, each item will be considered separately,
				and the most restrictive operational conditions that may be imposed as the
				result of overdimension or overweight shall be made a part of the
				permit.
(b) The maximum legal
				dimensions for the movement of vehicles and loads are:
(1) Width...........9 feet
(2) Height..........13 feet 6
				inches
(3) Length:
(A) Single vehicle .... 40 feet
(B) Truck-tractor and semi-trailer.....58
				feet
(C) Truck and full trailer 65
				feet
(D) Truck-tractor with
				semi-trailer and full trailer . . . . 65 feet
(E) Truck-tractor and semi-trailer used for
				agricultural purposes ....... 65 feet, provided the semi-trailer shall not
				exceed 45 feet.
(F) Articulated
				buses for public transit purposes.......65 feet
(G) Projections:
(i) Beyond extremity of vehicle......4 feet
				or less, horizontally
(ii) Beyond
				the front tires and above the roadway surface.....7 feet or greater and not
				more than 13 feet 6 inches vertically.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-15 - Overwidth

Current through June, 2024
(a) Permits normally shall be issued for
				widths up to 14 feet provided:
(1) The object
				is of such nature that it cannot readily be reduced in size and both the length
				and width exceed 9 feet or the load consists of products transported from the
				place where they are harvested or stored to the place where they are processed
				or used;
(2) The object is loaded
				in such a manner that the least width or length dimension becomes the width of
				the load; and
(3) The positioning
				of the object shall not cause other maximum legal dimensions to be
				exceeded.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-16 - Overlength

Current through June, 2024
A permit may be issued for the movement of an overlength
				  vehicle or object provided:
(1) The
				length of the vehicle or object cannot be reduced, in the judgment of the
				district engineer, without creating undue hardship to the applicant or the load
				consists of products transported from the place where they are harvested or
				stored to the place where they are processed or used;
(2) The movement can be made without
				seriously jeopardizing other traffic or highway facilities; and
(3) When the overall length exceeds 70 feet,
				the move is not one of many to be made in the course of regular operations.
				(Agricultural equipment which is operated or moved in the course of normal
				agricultural operations and within the geographic area in which it is normally
				used shall be exempt from this restriction.)
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-17 - Overheight

Current through June, 2024
Permits may be issued for overheight vehicles and loads if
				  the movement can be made without seriously jeopardizing other traffic, public
				  utility or highway facilities. The maximum height of a vehicle or vehicle and
				  load for which a permit may be issued is governed by available overhead
				  clearances throughout the route, which assurance is the responsibility of the
				  permittee.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-18 - Projection

Current through June, 2024
(a) Horizontal projections extending 4 feet
				beyond the extremity of the vehicle are prohibited, and if the projection
				extends beyond 4 feet, escort vehicles shall accompany the move.
(b) A permit for front projection, less than
				7 feet above the roadway surface, may be issued if it is proven to the
				satisfaction of the department that undue hazards shall not be
				created.
(c) This provision shall
				not apply to vehicles transporting pipe, poles, timbers, reinforcing steel or
				other objects of a structural nature which cannot readily be dismembered.
				However, the projecting load shall be clearly marked as required by state and
				county rules, laws and ordinances.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-19 - Specific oversize moves

Current through June, 2024
(a) Permits for
				prefabricated building forms generally shall not be issued. Form sections
				constructed away from the job site should be designed and built in such manner
				that they can be transported within legal limits.
(b) Permits for prefabricated buildings,
				building sections or panels may be issued provided the width of the load,
				including building eaves if the eaves are less than 10 feet above the roadway,
				does not exceed 12 feet and provided that other dimension limitations are not
				exceeded.
(c) When a vehicle which
				is within legal size is disabled upon a highway, it may be towed from the
				highway to the nearest repair station without an overlength permit even though
				the total length of the towing vehicle plus the disabled vehicle exceeds the
				legal length.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-20 - Movement of overweight vehicles, vehicle combinations and loads

Current through June, 2024
(a) The weight of vehicles or vehicle
				combinations and loads are subject to two general limitations:
(1) The weight imposed on the road surface
				transmitted through any one of the respective axles of a vehicle; and
(2) The gross weight of the vehicles or
				vehicle combinations and load.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-21 - Legal limitations

Current through June, 2024
(a) The total gross
				weight imposed on the road surface by any group of two or more consecutive
				axles on a vehicle or combination of vehicles shall not exceed the following
				when the distance between the first and last axles of the group under
				consideration is:
(1) Less than 42 inches
				...... 24,000 pounds
(2) 42 inches
				but less than 6 feet 34,000 pounds
(3) 6 feet and over ........ W = 500 (LN /
				N-1) + 12N+36)
(A) This applies to interstate
				highways;
(B) "W" = maximum weight
				in pounds carried on any group of two or more axles computed to the nearest 500
				pounds;
(C) "L" = distance in feet
				between the extremes of any group of two or more consecutive axles, to the
				nearest foot; and
(D) "N" = number
				of axles in group under consideration;
provided that 2 consecutive sets of tandem axles may carry a
				  gross load of 34,000 pounds each providing the overall distance between the
				  first and last axles of such consecutive sets of tandem axles is 36 feet or
				  more and provided the overall gross weight does not exceed 80,800
				  pounds.
(4) 6 feet
				and over ........ W = 880 (L+40)
(A) This
				applies to non-interstate highways;
(B) "W" = maximum weight in pounds rounded to
				the nearest 500 pounds; and
(C) "L"
				= distance in feet between first and last axles of the vehicle or combination
				of vehicles.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-22 - Overweight permits

Current through June, 2024
(a) The district
				engineer may issue a permit for overloads, provided the following load
				conditions are not exceeded:
(1) The actual
				axle load imposed upon the pavement shall not exceed 48,000 pounds in the case
				of a single axle or 84,000 pounds for a tandem axle. On structures the axle
				load shall not exceed the allowable loads taken from the following table:
Maximum Allowable
				  Loads--Pounds
Width of Axle--Feet (Tread Width)
Single
							 Axle
Tandem Axle
6
36,000
48,000
7
39,000
52,000
8
42,000
56,000
9
45,000
60,000
10
48,000
64,000
and the wheel load per tire shall not exceed 12,000
				  pounds.
(A) "Tread width" is the
				distance between the centerlines of the two tires on the same axle. For dual
				tires, it is the distance between the centers of the two sets of tires. For
				multiple tires on the same axle, it is the distance between the centers of the
				outer two tires on each end.
(B) A
				single axle is a single continuous transverse shaft or split transverse shafts
				connecting the wheels of a vehicle or a group of two or more transverse shafts
				connecting the wheels of a vehicle which may be on separate vertical transverse
				planes which are less than 42 inches apart.
(C) A tandem axle is a combination of two
				consecutive single axles as defined above which are less than 6 feet but
				greater than 42 inches apart.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-23 - Specific overweight moves

Current through June, 2024
(a) An overweight
				permit shall not be issued if two or more structural members such as precast
				concrete slab, prestressed concrete girders, structural steel and other similar
				objects constitute the overweight.
(b) Overweight cranes, draglines, tractors
				and other overweight equipment may only be moved by disassembling them to the
				degree necessary for the highway facilities to accommodate or support the
				loads. Such movements may require both pavement and bridge analyses. The extent
				of dismantling will be dependent upon the weight and size of the machine, the
				axle spacing and wheel arrangements of the tractor-trailer upon which the
				machine is transported and the theoretical load carrying capacity of bridge
				structures along the route of travel.
(c) Overweight mobile cranes may be required
				to be stripped or dismantled by removing the counterweights, booms or
				outriggers as determined by structural analysis if analysis is warranted by
				this chapter.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-24 - Emergency moves

Current through June, 2024
(a) The chief of the highways division or the
				district engineer may authorize emergency moves of vehicles, vehicle
				combinations, or loads which exceed the maximum legal dimension and weight
				limitations in a disaster area without a written permit.
(b) For the purpose of this provision, an
				emergency shall include floods, fire, earthquakes, tsunami and other disasters
				which cause or threaten loss of life or destruction or damage to property of
				such magnitude as to seriously endanger the public health, safety, and welfare,
				or which causes or threatens destruction or major damages to the highway
				system. Economic factors such as the savings of time or expense in moving over
				the highway are never considered emergencies.
(c) Requests for emergency moves shall be
				considered carefully by the district engineer and permitted only where it is
				absolutely clear that an emergency endangering human lives, health, safety,
				welfare or property actually exists.
(d) Emergency moves may be authorized when
				disaster is apparent; during the disaster period; and in the initial stages of
				recovery. Following the emergency, when immediate threat to life or property is
				terminated, the vehicles, vehicle combinations, or loads must be moved from the
				disaster area under permit authority.
(e) Pertinent details of emergency moves
				shall be recorded by memorandum and filed.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-25 - Movements during darkness or adverse weather

Current through June, 2024
(a) When
				movements during darkness are allowed or stipulated in the permit for oversize
				or overweight vehicles, the lighting and reflectors for such vehicle or load
				shall conform to the requirements of the motor carrier rules of the department
				governing such matters.
(b)
				Notwithstanding the date and time specified in the permit, moves shall not be
				made when visibility is unduly impaired by rain, fog, smog or at any time
				travel conditions are considered to be unsafe by the department or police.
				Police may direct or escort a vehicle off the roadway to a place of safety.
				During those periods of adverse weather, should operating conditions be
				impaired or otherwise become hazardous due to inclement weather, which may
				include high winds, the police, at their discretion, may require the driver of
				the vehicle or combination of vehicles to pull off the highway to a place of
				safety until the movement can be resumed under safe operating
				conditions.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-26 - Convoys

Current through June, 2024
(a) Vehicles traveling under permit authority
				requiring escort vehicles shall not be allowed to travel in convoys on two-lane
				highways. A separate escort shall be provided for each vehicle or vehicles and
				load moved under escort. As a general rule, such vehicle shall be spaced about
				15 minutes apart along the route.
(b) On multilane highways (4 or more lanes),
				the district engineer may permit vehicles with oversize loads 12-foot or less
				to travel by pairs under escort. The foregoing spacing requirement shall apply
				between pairs of vehicles.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-27 - Crossing

Current through June, 2024
(a) Crossing is a movement of a vehicle from
				one right-of-way line to outside the opposite right-of-way line on an angle not
				flatter than 45 degrees with the centerline of the highway. Any movement on an
				angle flatter than this is not considered as crossing a highway, but is
				considered as operating along a highway.
(b) Except for overwidth vehicles or loads
				which are permitted to cross any public road at permissible locations without
				an oversize permit, vehicles crossing state highways which exceed the weight or
				size limitations in other respects are required to comply with the provisions
				of the size and weight laws and this chapter.
(c) Notwithstanding any law to the contrary,
				no permit shall be required for any vehicle or combination of vehicles used in
				agricultural operations or activities which only crosses any public road,
				street. or highway within the state at locations approved by the director;
				provided that:
(1) The owners of vehicles
				transporting agricultural products and equipment shall construct and maintain
				structurally suitable pavement sections at each crossing;
(2) These owners shall provide for the
				cleaning and removal of all debris and mud generated by their
				operation;
(3) The maximum length
				of vehicles transporting agricultural products shall be limited to not more
				than eighty feet; and
(4) The
				maximum length of vehicles, including load, used in transporting agricultural
				equipment shall be limited to not more than one hundred feet.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-28 - Escort vehicles

Current through June, 2024
(a) Whenever an
				escort vehicle is required by statute or under the conditions of the special
				permit, the grantee or owner shall provide such vehicle to accompany the move.
				The escort vehicle may either be a passenger car or a 2-axle truck with a rated
				capacity not to exceed 20,000 pounds gross and designed to afford the driver a
				clear and unobstructed view both to the front and rear. The escort vehicle
				shall be equipped with at least one rotating or oscillating amber light mounted
				on top of the cab. The amber lights shall have sufficient intensity to be
				visible at 500 feet in normal sunlight.
(b) The escort and hauling vehicles shall be
				equipped with two-way radio, and continuous communications between the units
				shall be maintained.
(c) An escort
				vehicle shall travel with low beam headlights on and shall maintain the
				following distances ahead or behind the carrier unit. The speeds shown below
				represent the established speed limit for the highway on which the movement is
				to take place plus the speed at which the load is traveling.
Combined Speed
Distance from Load
Miles per Hour
to Escort Vehicle
30 or less
200
40
300
50
350
60
500
70 or greater
600
(d)
				Generally, separate escort vehicle shall be provided, when required by permit
				or statute, for each vehicle or load.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-29 - Flagman

Current through June, 2024
(a) A flagman shall accompany the driver when
				it is made a condition under the special permit (a motorcycle police escort may
				be used in lieu of a flagman). At least one flagman shall accompany each move
				for which a flagman is stipulated in a permit.
(b) The flagman shall dismount and direct
				traffic at all locations where traffic may be obstructed, or when it is
				necessary to infringe on the opposite bound traffic lane due to breakdown,
				pulling on or off the pavement, or other causes. The flagman shall warn traffic
				of the approaching vehicle at danger points such as at narrow bridges, sharp
				curves and intersections.
(c) The
				flagman shall be equipped with a red flag 24 by 24 inches in size mounted on a
				staff 3 feet in length and shall wear a bright orange safety vest.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-30 - Military movement

Current through June, 2024
Except to meet overriding military necessity, no vehicular
				  movement which exceeds any legal weight or dimension limitation shall be
				  undertaken over state highways unless prior permission is secured from the
				  district engineer. Permit requests for such movements shall be submitted and
				  processed in the normal manner and, if within standard permit policy limits,
				  the permit may be issued.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-31 - Violations

Current through June, 2024
(a) Any of the following violations shall
				render a permit void as though such permit had never been issued:
(1) Move on state highway other than highways
				designated as the route of travel;
(2) Dimensions or weight limitations
				specifically stated in a permit are exceeded;
(3) Improper description of vehicle or load,
				or substitution of vehicle or load without proper authority from the district
				engineer;
(4) Permit not in
				possession of operator;
(5)
				Permittee is not the owner or lessee of the transporting vehicle;
(6) Posted speed or speed specified in permit
				is exceeded;
(7) Movement is not
				made during the time specified;
(8)
				Special provisions to protect highway facilities were not observed;
				or
(9) Misrepresentation, use of
				fraudulent or altered permit, or unauthorized use of permit.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-32 - Penalties

Current through June, 2024
The owner of any vehicle or combination of vehicles found
				  operating in violation of the terms and conditions of any permit or over
				  sections of the highway not covered by the permit shall be subject to the
				  penalties provided in section
				  291-37, Hawaii Revised
				  Statutes.
Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 104 - THE MOVEMENT BY PERMIT OF OVERSIZE AND OVERWEIGHT VEHICLES ON STATE HIGHWAYS › Section 19-104-33 - Repeal

Current through June, 2024
All rules and regulations governing the movement of oversize
				  and overweight vehicles on state highways by permit 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 105 - ACCOMMODATION AND INSTALLATION OF UTILITIES ON STATE HIGHWAYS AND FEDERAL AID COUNTY HIGHWAYS › Subchapter 1 - GENERAL PROVISIONS › Section 19-105-1 - Purpose

Current through June, 2024
This chapter:
(1)
				  Prescribes policies and procedures for accommodating and installing utility
				  facilities on the rights-of-way of state highways and federal-aid county
				  highways.
(2) Regulates the
				  location, design, and methods for the accommodation and installation of utility
				  facilities on state highways and federal-aid county highways in the interest of
				  safety and of protection, utilization and future development of the highways
				  with due consideration given to public service afforded by adequate and
				  economical utility installations.
(3) Establishes the conditions governing the
				  occupancy, use or reservation of utility facilities all to the end that the
				  highway facilities shall be preserved.
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 1 - GENERAL PROVISIONS › Section 19-105-2 - Policy statement

Current through June, 2024
The department of transportation recognizes the utility's
					 franchise to occupy the rights-of-way of state highways in providing essential
					 services and commodities to the public. Therefore, utility facilities may be
					 accommodated in the state highway rights-of-way provided that the use and
					 occupancy do not interfere with the free and safe flow of traffic or otherwise
					 impair the highway or its visual quality and does not conflict with the
					 provisions of federal, state or local laws or regulations or the provisions 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 1 - GENERAL PROVISIONS › Section 19-105-3 - Application

Current through June, 2024
(a) This chapter shall apply to:
(1) New utility installations which are to
				  cross or otherwise occupy the rights-of-way of active or completed state
				  highways and federal-aid county highway projects.
(2) Existing utility facilities which are to
				  be retained, relocated or adjusted within the rights-of-way of active state and
				  federal-aid county highway projects.
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 2 - GENERAL REQUIREMENTS › Section 19-105-5 - Permit requirements and coordination

Current through June, 2024
(a) A permit from
				  the highways division shall be required for the installation of any utility
				  facility and private lines within the state highway rights-of-way except where
				  work is to be performed under a utility agreement in conjunction with a highway
				  project.
(b) New utility
				  installations shall hot conflict with existing or planned uses of highway
				  rights-of-way for highway purposes. Proposed utility installations and future
				  highway projects shall be coordinated to avoid, to the fullest extent possible,
				  any conflict in location, construction, or method of installation.
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 2 - GENERAL REQUIREMENTS › Section 19-105-6 - Scenic areas

Current through June, 2024
The type and size of utility facilities and the manner and
					 extent to which they are permitted within areas of scenic enhancement and
					 natural beauty can materially alter the visual quality and view of highway
					 roadsides and adjacent areas. These areas include scenic strips, overlooks,
					 rest areas, recreation areas, the rights-of-way of highways adjacent thereto,
					 and the rights-of-way of highways which pass through public parks and historic
					 sites, as described under section 138, Title 23, United States Code.
(1) New utility installations are not to be
				  permitted within the foregoing described lands, when acquired or improved with
				  federal-aid funds, except as follows:
(A) New
				  underground utility installations may be permitted where they do not require
				  extensive removal or alteration of trees visible to the highway user or impair
				  the visual quality of the land being traversed.
(B) New aerial installations are to be
				  avoided at such locations unless there is no feasible and prudent alternative
				  to the use of such lands by the aerial facility and it is demonstrated to the
				  satisfaction of the division engineer that:
(i) Other locations are not available or are
				  unusually difficult and unreasonably costly, or are less desirable from the
				  standpoint of visual quality;
(ii)
				  Undergrounding is not technically feasible or is unreasonably costly;
				  and
(iii) The proposed installation
				  will be made at a location and will employ suitable designs and materials which
				  give the greatest weight to the visual qualities of the area being traversed.
				  Suitable designs will include, but are not limited to, self-supporting,
				  armless, single-pole construction with vertical configuration of conductors and
				  cable.
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 2 - GENERAL REQUIREMENTS › Section 19-105-7 - Joint-use facility

Current through June, 2024
Where the utility has a compensable interest in the land
					 occupied by its facilities and the land is to be jointly owned and used for
					 highway and utility purposes, the responsible highway authority and utility
					 shall agree in writing as to the obligations and responsibilities of each
					 party. These agreements shall incorporate the conditions of occupancy for each
					 party, including the rights vested in the highway authority and the rights and
					 privileges retained by the utility. In any event, the interest to be acquired
					 by or vested in the highway authority in any portion of the rights-of-way of a
					 state highway project to be vacated, used or occupied by utilities or private
					 lines shall be of a nature and extent adequate for the construction, safe
					 operation and maintenance of the highway project.
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 2 - GENERAL REQUIREMENTS › Section 19-105-8 - Specifications for installation

Current through June, 2024
(a) Construction of
				  the utility facility and restoration of any disturbed existing highway
				  facilities within the state right-of-way shall be done in accordance with all
				  applicable sections of the "Standard Specifications for Road & Bridge
				  Construction", dated 1976, and the "Specification for Installation of
				  Miscellaneous Improvements within State Highways", dated April 1, 1974,
				  highways division.
(b) During the
				  installation and maintenance of the utility facilities, adequate traffic
				  control shall be provided in accordance with the, "Rules and Regulations
				  Governing the Use of Traffic Control Devices at Work Sites on or Adjacent to
				  Public Streets and Highways" of the State of Hawaii (Hawaii Administrative
				  Rules, title 19, chapter
				  129) and with the Federal Highway
				  Administration "Manual on Uniform Traffic Control Devices for Streets and
				  Highways, Part VI - Traffic Controls for Highway Construction and Maintenance
				  Operations".
(c) Installation of
				  private lines within the rights-of-way of state highways shall be limited to
				  crossings only.
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 2 - GENERAL REQUIREMENTS › Section 19-105-9 - Deviations

Current through June, 2024
Any deviations from this chapter shall be subject to the
					 approval of the director.
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 3 - FREEWAYS › Section 19-105-10 - Requirements for freeways

Current through June, 2024
(a) A utility will
				  not be permitted to be installed longitudinally within the control of access
				  lines of a freeway and any utilities located outside the control of access
				  lines cannot be serviced by access from the through-traffic roadways or
				  ramps.
(b) Utilities that are to
				  cross or otherwise occupy the rights-of-way of freeways shall meet the
				  requirements of the AASHO (now AASHTO) "Policy on the Accommodation of
				  Utilities on Freeway Rights-of-Way" adopted February 15, 1969.
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 3 - FREEWAYS › Section 19-105-11 - Overhead utility crossings

Current through June, 2024
(a) The supporting
				  structures including guy poles, guys, etc., of overhead utility lines crossing
				  the freeway shall be located outside the outer edges of through-traffic roadway
				  side slopes and preferably outside the control of access lines. In any case
				  supporting poles shall be located at least 30 feet beyond the edge of shoulder.
				  Where right-of-way lines and control of access lines are not one and the same,
				  as where frontage roads are provided, supporting poles may be located in the
				  area between them.
(b) Crossings of
				  freeways by utility service connections shall not be permitted except where
				  they qualify as an extreme case exception under section 2 of AASHO's "A Policy
				  on the Accommodation of Utilities on Freeway Rights-of-way", adopted February
				  15, 1969.
(c) Overhead utility
				  lines crossing the freeway shall have a vertical clearance above the highway of
				  18 feet or greater for telephone lines and 20 feet or greater for electric
				  lines in accordance with State of Hawaii "Public Utilities Commission's Amended
				  General Order No. 6" (Hawaii Administrative Rules, title 6, chapter
				  66).
(d) Where a utility follows a
				  crossroad or street which is carried over or under a freeway, provisions should
				  be made for the utility to cross the freeway on the location of the crossroad
				  or street in such a manner that the utility can be serviced without access from
				  the freeway through-traffic roadways or ramps. Generally, the utilities are to
				  be located within the standard right-of-way of the crossroad or street,
				  existing or relocated, and may cross over or under the freeway, provided
				  installation and servicing thereof can be accomplished without access from the
				  freeway through-traffic roadways or ramps.
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 3 - FREEWAYS › Section 19-105-12 - Underground utility crossings

Current through June, 2024
(a) All new utility
				  installations involving pressure pipelines shall comply with the American
				  National Standards Institute (ANSI) code for pressure piping B31.1, B31.4 and
				  B31.8. Installations for electric and communication systems shall comply with
				  State of Hawaii "Public Utilities Commission's General Order No. 10" (Hawaii
				  Administrative Rules, title 6, chapter
				  70).
(b) All utility installations carrying
				  flammable and combustible products shall meet the requirements of the: Part
				  192, Title 49 Code of Federal Regulations, Minimum Safety Standards for Gas
				  Lines: national fire code; State of Hawaii "Public Utilities Commission's
				  General Order No 9" (Hawaii Administrative Rules, title 6, chapter 69); and
				  local county and state codes and requirements.
(c) Utilities crossing underground below the
				  roadways of freeways shall be of durable materials and so installed as to
				  virtually preclude any necessity for disturbing the roadways to perform
				  maintenance or expansion operations. Utility lines shall be encased or
				  jacketed. See exhibit "A" attached at the end of this chapter for terminology
				  for encasement and other protection. Casing shall consist of a pipe or other
				  separate structure around and outside of the carrier line or duct line and
				  shall be designed to support the load of the highway and superimposed loads
				  thereon, and shall equal or exceed structural requirements for drainage
				  culverts. The casing shall be composed of materials of satisfactory durability
				  under conditions to which they may be exposed.
(d) Upon the completion of a new freeway, all
				  utility installations shall be installed by the boring, jacking or tunneling
				  method.
(e) The minimum depth of
				  utility lines shall be 3 feet from the finished grade of pavement to sleeve or
				  concrete jacket in pavement areas. The director may reduce the 3-foot minimum
				  clearance specified above to 2 feet if ground conditions are ascertained to be
				  of rocky material, provided the utility lines do not encroach into the pavement
				  structure.
(f) A utility shall make
				  every effort to plan, coordinate, converge, and construct its installation in
				  conjunction with the highway construction. A utility shall further give
				  considerations to the construction of a joint utility tunnel with other
				  utilities or sleeves at strategic locations to accommodate future utility
				  crossings in conjunction with the highway construction.
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 3 - FREEWAYS › Section 19-105-13 - Utility crossings at highway structures

Current through June, 2024
(a) On active
				  projects:
(1) A utility may be supported by
				  hangers or brackets attached to a structure and left exposed provided:
(A) It is shielded from public view and is
				  not visible from the freeway;
(B)
				  It can be accommodated without substantial increase in sections of the
				  structure; and
(C) It can be
				  serviced without access from the freeway through-traffic roadways or ramps. See
				  exhibit "N" attached at the end 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 4 - HIGHWAYS OTHER THAN FREEWAYS › Section 19-105-14 - Requirements for highways other than freeways

Current through June, 2024
This section shall apply to highways other than freeways
					 and to frontage roads of freeways.
(1)
				  Upon the completion of a new state highway other than a freeway including
				  resurfacing projects, no underground utility installation with the exception of
				  underground service connections and utility crossings by the boring, jacking or
				  tunneling method, will be permitted for a period of one year thereof within the
				  pavement, shoulder, swale or median areas.
(2) Within this one-year period, an
				  underground utility and overhead pole line may be permitted to be installed
				  outside the improved pavement, shoulder and swale areas adjacent to the
				  right-of-way line provided that it does not restrict the highway use and meets
				  the lateral clearance outlined in section 19-105-15.
(3) In this connection, a utility shall make
				  every effort to plan, coordinate and construct their installation including
				  crossings in conjunction with the highway construction. A utility shall further
				  give considerations to the construction of a joint utility tunnel with other
				  utilities or sleeves at strategic locations to accommodate future utility
				  crossings in conjunction with the highway construction.
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 4 - HIGHWAYS OTHER THAN FREEWAYS › Section 19-105-15 - Overhead utility installations

Current through June, 2024
(a) On active state
				  highway, projects other than freeways on new and existing alignment, utility
				  poles, guys and other ground-mounted utility appurtenances may be installed,
				  retained or relocated within the highway right-of-way and they may be located
				  within 5 feet from the standard right-of-way line provided:
(1) In rural areas, they are located at least
				  30 feet or more from the normal edge of traveled way.
(2) In cities, towns and urban areas, on
				  curbed sections, they are located at least 2 feet back of the face of curb and,
				  where feasible, at or near the right-of-way line and outside of the sidewalk.
				  See exhibit "B" attached at the end of this chapter. Where curbs are not
				  provided, they shall be located at least 20 feet from the normal edge of the
				  traveled way. Maps showing the boundaries of urban areas are on file at the
				  highways divison.
(3) They are in
				  compliance with clear roadside policies for the particular highway involved and
				  they are in accordance with Federal Highway Administration Federal-aid Highway
				  Program Manual (FHPM) 6-2-1-1 and the AASHTO "Highway Design and Operational
				  Practices Related to Highway Safety" dated 1974.
(4) Exceptions to the lateral clearances
				  outlined in this chapter may be permitted provided such facilities are located
				  behind guard rails, the top of cut banks, retaining walls, etc. See exhibits
				  "C", "D", "E" and "F", attached at the end of this chapter, which show the
				  various slope ratios and the corresponding cut heights which are considered to
				  be natural barriers. Also, see exhibit "B" attached at the end 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 4 - HIGHWAYS OTHER THAN FREEWAYS › Section 19-105-17 - Utility crossings at structures

Current through June, 2024
Utility crossings at structures shall conform to the
					 applicable provisions 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 19-105-18 - Review and approval

Current through June, 2024
(a) The highways
				  division is entrusted with the responsibility to maintain or cause to be
				  maintained all completed state highways as necessary to preserve the integrity,
				  scenic quality, operational safety, and function of the highway
				  facility.
(b) The division shall
				  review and approve the location and design of all utility and private lines
				  installations with due considerations given to such features as disturbance of
				  highway facilities and interference with their operations and detraction from
				  its appearances-all to the end that the difficulty of or cost of maintenance of
				  the highway facility will not be increased nor the service to the public
				  jeopardized.
(c) Adequate plans of
				  proposed utility installation shall be submitted to the director for his review
				  and approval before a permit is issued.
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 19-105-19 - Use and occupancy agreements

Current through June, 2024
(a) On active and
				  completed state highway projects, the use and occupancy of the highway
				  rights-of-way by utility facilities shall be in accordance with the prescribed
				  policies and procedures of the Federal Highway Administration Federal-aid
				  Highway Program Manual (FHPM)
				  1-4-4
				  and 6-6-3-2.
(b) Where utility
				  facilities are to cross, or otherwise occupy, the right-of-way of an active or
				  completed state highway project, the state and the utility shall agree in
				  writing as to the terms of such use and occupancy, and the manner in which such
				  facilities are to be accommodated thereon.
(c) The cost of any future removal,
				  relocation, replacement, reconstruction or adjustment of utility facilities
				  shall be in accordance with the provisions of section
				  264-33,
				  Hawaii Revised Statutes.
(d) Where
				  the utility proposes to install its utility facilities within any right-of-way
				  of an active state highway project prior to the completion of final plans for
				  the highway project, it is the policy of the department of transportation to
				  deny the issuance of the permit required to be taken by the utility company or
				  in the alternative require the utility company to await the completion of final
				  plans for the project; unless the utility company shall agree in writing to
				  bear the entire cost of the later relocation of any utility facility installed
				  in the right-of-way if the relocation should become necessary during the
				  initial construction of the highway project and waive any and all right to
				  participation for such future relocation under existing or subsequent statutes
				  as a result of the initial construction of the highway project.