Equipment

HRS div. 1, tit. 17, ch. 291, pt. II

in effect

HRS §291-21.3 Definitions

291-21.3. Definitions As used in this chapter: "Flatrack" means an open-sided platform mounted on a chassis without motive power designed to be drawn by a motor vehicle and used to carry property. "FMVSS" means the Federal Motor Vehicle Safety Standards. "Glazing material" means any glass, plastic, or like material, manufactured for use in or on a vehicle, including but not limited to windshields, window openings, or interior partitions. "Light transmittance" means the ratio of the amount of total visible light, expressed in percentages, which is allowed to pass through the product or material, including the glazing material, to the amount of total visible light falling on the product or material and the glazing material. "Sun screening devices" means products or materials used or designed to be used in conjunction with glazing materials for the purpose of reducing the effects of the sun, including, but not limited to tinting films and perforated sun screening materials, but excluding louvered materials. [L 1983, c 294, pt of §2; am L 1986, c 188, §1; am L 1994, c 30, §1]

HRS §291-21.5 Regulation of motor vehicle sun screening devices; penalty

291-21.5. Regulation of motor vehicle sun screening devices; penalty (a) No person shall operate, permit the operation of, cause to be operated, or park any motor vehicle on a public highway if the glazing material of the motor vehicle: (1) Does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of its manufacture; or (2) Is used in conjunction with sun screening devices not exempted from this section by subsection (d) hereof. (b) No person shall install, mount, adhere, affix, or use any sun screening device or combination of devices in conjunction with the glazing material of a motor vehicle which does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of the glazing material's manufacture except as provided in this section. Any person who violates this section shall be liable for the removal of any sun screening device applied contrary to this section. (c) A safety inspection required under section 286-25 shall include a test to ensure that the glazing material and any sun screening devices meet the requirements specified in this section. (d) This section shall not apply to: (1) Rearview mirrors; (2) Adjustable nontransparent sun visors which are mounted forward of the side windows and are not attached to the glazing material; (3) Signs, stickers, or other materials which are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other materials which are displayed in a five-inch square in the lower corner of the windshield nearest the driver; (4) Rear trunk lid handle or hinges; (5) Window wipers and window wiper motors; (6) Transparent sun screening film materials which are installed, affixed, or applied along the top edge of the windshield so long as such materials do not encroach upon the AS-1 portion of the windshield as provided by Federal Motor Vehicle Safety Standard 205 or no lower than four inches below the top of the windshield, when measured from the middle point of the bottom edge of the top windshield moulding if no AS-1 markings can be found in the left or right upper margin of the windshield; (7) Sun screening devices for front side wing vents and windows which, when used in conjunction with the glazing material have a light transmittance of no less than thirty-five per cent plus or minus six per cent; (8) Sun screening devices for side windows necessary for driving visibility which are to the rear of the driver and for rear windows necessary for driving visibility which, when used in conjunction with the glazing material, have a light transmittance of no less than thirty-five per cent plus or minus six per cent; (9) Side windows which are to the rear of the driver and rear windows on vans, minivans, trucks, or buses; provided that the vehicles are equipped with rearview mirrors on both sides; (10) Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes; or (11) Transparent sun screening materials, when applied to the AS-1 portion of the windshield, which meets the requirements of Federal Motor Vehicle Safety Standard 205. (e) Any person who violates this section shall be fined: (1) Not less than $250 or more than $500 for each separate offense if the person is the owner of the motor vehicle which is in violation; and (2) Not less than $500 nor more than $1,000 for each separate offense if the person or business entity is the installer of any sun screening device which does not meet the requirements of this section. The installer shall also reinstall sun protective devices which comply with this section, free of charge, or reimburse the motor vehicle owner for the cost of installing sun protective devices by another installer which comply with this section. The receipt from the installer in the possession of the person in the motor vehicle at the time of the issuance of the citation shall be prima facie evidence of the identity of the installer. The installer shall issue a certificate to the vehicle owner at the time the sunscreen device is installed certifying that the device complies with law. The certificate shall be stored in the motor vehicle at all times. [L 1983, c 294, pt of §2; am L 1986, c 188, §2; am L 1989, c 54, §1; am L 2004, c 227, §1; am L 2010, c 103, §1]

HRS §291-22 Regulation of exhaust pipe and muffler

291-22. Regulation of exhaust pipe and muffler It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof. [L 1941, c 140, §2; RL 1945, §11718; RL 1955, §311-24; HRS §291-22; am L 1979, c 105, §28]

HRS §291-23 Penalty

291-23. Penalty (a) Violation of any of the provisions of section 291-22 shall subject the violator to the following penalties: (1) For a first violation, the person shall be fined not more than $100; (2) For a second violation committed within five years of any other violation under section 291-22, the person shall be fined not more than $300; and (3) For a violation of a third or subsequent offense committed within five years of any other violation under section 291-22, the person shall be fined not more than $900. [L 1941, c 140, §4; RL 1945, §11720; RL 1955, §311-26; HRS §291-23; am L 1978, c 222, §6; am L 2024, c 171, §3]

HRS §291-24 Motorcycles and mopeds, noisy mufflers; penalty

291-24. Motorcycles and mopeds, noisy mufflers; penalty (a) Every motorcycle and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle or a moped in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except a motorcycle or moped that: (1) Has three wheels; (2) Is powered by an electric motor; (3) Has a full body enclosed cab; and (4) Has a seat belt assembly or a child restraint system for the driver and passenger; shall not be required to be equipped with a muffler. (b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle or moped, and being effective in reducing noise. (c) Whoever violates this section shall be fined not more than $100. [L 1949, c 21, §1; RL 1955, §311-27; HRS §291-24; am L 1978, c 222, §7; am L 1986, c 189, §1; am L 1994, c 120, §4]

HRS §291-24.5 Motor vehicle muffler

291-24.5. Motor vehicle muffler (a) No person shall use on a public highway, sell, alter, or install a muffler that will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory. (b) Except as provided in section 291-24.4, any violation of this section shall constitute a violation and shall be enforceable by police officers. Violation of this section shall subject the violator to the following penalties: (1) For a first violation, the person shall be fined not more than $100; (2) For a second violation committed within three years of any other violation under this section, the person shall be fined not more than $300; and (3) For a violation of a third or subsequent offense committed within five years of any other violation under this section, the person shall be fined not more than $900. Any person who violates the provisions of this section may be issued a summons or citation for the violation. [L 1977, c 79, §1; am L 2024, c 171, §4]

HRS §291-24.6 Motor vehicle alarm systems

291-24.6. Motor vehicle alarm systems (a) "Motor vehicle alarm system" means any device that is designed or used for the detection of an unauthorized entry into a motor vehicle, or for alerting others to the commission of an unlawful act, or both, and that emits a sound when activated. (b) If a motor vehicle alarm system installed in a motor vehicle is activated and emits a sound for more than five continuous minutes, the registered owner of the motor vehicle shall be fined not more than $100; provided that after the third violation within a five-year period, the fine shall be: (1) $250 for the fourth violation; (2) $375 for the fifth violation; and (3) $500 for a sixth or subsequent violation. (c) An offense under this section shall be a violation for which a police officer shall issue a summons or citation to the registered owner of the vehicle. [L 1984, c 104, §1; am L 2004, c 102, §1; am L 2005, c 74, §2]

HRS §291-25 Lights for motor vehicles, motorcycles, motor scooters, motorized bicycles

291-25. Lights for motor vehicles, motorcycles, motor scooters, motorized bicycles (a) From thirty minutes after sunset until thirty minutes before sunrise, every motor vehicle moving upon any public highway shall carry at the front thereof at least two lighted head lamps which shall display white lights of equal candle power. The head lamps shall be securely mounted, not less than twenty-two inches nor more than fifty-four inches above the road surface when measured to the head lamp center, on a rigid part of the vehicle designed specifically for head lamp installation by the manufacturer, and so arranged, adjusted, and constructed that, when the motor vehicle is fully loaded, any pair of headlights under the conditions of use shall produce a light sufficient to reveal any person, vehicle, or substantial object on the highway straight ahead of the motor vehicle for a distance of two hundred feet. The light when measured at a distance of one hundred feet directly in front of the motor vehicle, and at a height of sixty inches above the level surface on which the motor vehicle stands, shall not exceed two thousand four hundred apparent candle power, nor shall this candle power be exceeded at a greater height than sixty inches. When measured at a distance of one hundred feet ahead of the motor vehicle and seven feet or more to the left of the axis of the same, and at a height of sixty inches above the level surface on which the motor vehicle stands, the light shall not exceed eight hundred apparent candle power. (b) During the time specified in subsection (a), every motorcycle, motor scooter, or motorized bicycle while moving on a public highway shall carry, at the front thereof, at least one lighted headlight which shall give a light of such power and so distributed as provided in subsection (a); provided that any motorcycle, motor scooter, or motorized bicycle with a side car or similar contrivance attached shall, in addition to the foregoing required light, carry on the side car or similar contrivance a lighted lamp visible from a point at least two hundred feet ahead of the vehicle. Any headlight required by this subsection shall display white light and shall be securely mounted, not less than twenty-four inches nor more than fifty-four inches above the road surface when measured to the headlight's center on a rigid part of the vehicle designed specifically for installation of a light by the manufacturer. [RL 1945, pt of §11707; am L 1953, c 260, §1; RL 1955, §311-7; HRS §291-25; am L 1985, c 105, §2; am L 2007, c 7, §2]

HRS §291-26 Testing lights

291-26. Testing lights All devices or adjustments used in connection with lights upon motor vehicles to enable the same to comply with this chapter, shall not be used until approved by the chief of police or the chief of police's authorized subordinate of the county wherein the vehicle is registered. The cost of testing any device shall be borne by the person submitting the same; provided that this cost shall not exceed the sum of $50. No person shall drive, operate, or propel a motor vehicle without an approved device or adjustment upon its headlights unless the headlights have been tested and approved by the chief of police or the chief of police's authorized subordinate of the county wherein the vehicle is registered. The cost of testing shall be borne by the person offering the same for test as provided in this section. [RL 1945, pt of §11707; RL 1955, §311-8; HRS §291-26; gen ch 1985]

HRS §291-28 Lights for loads

291-28. Lights for loads In any case where a vehicle is loaded with any material in such a manner that any portion of the load extends toward the rear four feet or more beyond the rear of the bed or body of the vehicle, there shall be displayed at the extreme end of the load, at the times and under the conditions hereinbefore specified, in addition to the ordinary rear or tail light hereinbefore required to be displayed on the vehicle, a red light plainly visible under ordinary atmospheric conditions at least two hundred feet from the rear; provided that at other times while the vehicle is upon the public highway, a red flag or cloth not less than sixteen inches square shall be displayed at the extreme rear of the load. [RL 1945, pt of §11707; RL 1955, §311-10; HRS §291-28]

HRS §291-29 Lights for other vehicles

291-29. Lights for other vehicles All vehicles other than those specified in section 291-25 shall during the time mentioned in such section when upon the public highway, carry a lighted light on the extreme width of each side so arranged that a light from the lamps shall be visible in every direction at least two hundred feet. [RL 1945, pt of §11707; RL 1955, §311-11; HRS §291-29; am L 1979, c 105, §29]

HRS §291-30 Spotlights

291-30. Spotlights No spotlight shall be used in any city, town, or village, and no spotlight shall be so used as to shine in the eyes of the drivers of approaching passing vehicles, and when used every spotlight shall be turned off not less than two hundred feet from an approaching vehicle. [RL 1945, pt of §11707; RL 1955, §311-12; HRS §291-30]

HRS §291-31 Tail lights on vehicles, motorcycles and motor scooters

291-31. Tail lights on vehicles, motorcycles and motor scooters (a) From thirty minutes after sunset to thirty minutes before sunrise, at any time while a vehicle, other than a bicycle, motorcycle or motor scooter, is operated on any public highway, there shall be displayed at the rear thereof at least two tail lights, spaced as far apart as practicable, which shall display red lights visible not less than two hundred feet from the rear thereof; provided that vehicles manufactured prior to 1968 originally equipped with a single tail light assembly need only display a single tail light; and where a registration number plate is required by law to be carried on the rear thereof, the same shall be illuminated by a white light in such manner that the registration number thereon can be plainly distinguished at a distance of not less than fifty feet from the rear thereof. (b) From thirty minutes after sunset to thirty minutes before sunrise, at any time while a motorcycle or motor scooter is operated on any public highway, there shall be displayed at the rear thereof, a tail light which shall display a red light visible not less than two hundred feet from the rear thereof; and if a registration number plate is required by law to be carried on the rear of the motorcycle or motor scooter, the same shall be illuminated by a white light in such manner that the registration number thereon can be plainly distinguished at a distance of not less than fifty feet from the rear thereof. [RL 1945, pt of §11707; RL 1955, §311-13; HRS §291-31; am L 1984, c 125, §1]

HRS §291-31.5 Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, electric foot scooters, and mopeds

291-31.5. Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, electric foot scooters, and mopeds (a) [Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, electric foot scooter, or moped, except for: (1) County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated; (2) Department of public safety law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of public safety; (3) Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources; or (4) Department of transportation division of harbors law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of transportation. This prohibition shall not apply to factory-installed instrument illumination. (a) [Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, electric foot scooter, or moped, except for: (1) County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated; (2) Department of law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of law enforcement; or (3) Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources. This prohibition shall not apply to factory-installed instrument illumination. (b) Any violation of this section shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both. [L 1985, c 182, §1; am L 1991, c 210, §1; am L 2007, c 109, §1; am L 2016, c 99, §1; am L 2021, c 174, §5; am L 2022, c 278, §45]

HRS §291-32 Penalties

291-32. Penalties (a) The use or operation of any motor vehicle not equipped with lights in conformity with sections 291-25 to 291-31 upon the public highways is prohibited during the period specified in section 291-25(a). (b) Whoever violates any of the provisions of this section, or of sections 291-25 to 291-31, shall be fined not more than $10. Each violation shall be deemed a separate offense, and a subsequent violation of the same provision within a one-year period shall be subject to twice the fine imposed upon the prior conviction therefor. [L 1892, c 28, §§1, 2; am L 1903, c 8, §2; am L 1909, c 27, §1; RL 1925, §4400; am L 1929, c 143, §2; RL 1935, §6290; RL 1945, §11708; RL 1955, §311-14; HRS §291-32; am L 2005, c 74, §3]

HRS §291-33 Projections on face of wheels prohibited

291-33. Projections on face of wheels prohibited (a) There shall not be operated or moved upon any public road, street, or highway within the State, any vehicle, motor vehicle, or other power vehicle the face of the wheels of which are fitted or equipped with flanges, ribs, clamps, cleats, lugs, chains, spikes or other projections, other than rubber blocks, destructive to the road surfaces. This provision applies to all rings or flanges upon guiding or steering wheels of such vehicles but shall not be construed to prevent the use of: (1) Ordinary detachable tire or skid chains; or (2) Studded snow tires on either the Mauna Kea access road above Hale Pohaku or on any other road within the Mauna Kea Science Reserve leased to the University of Hawaii. (b) This section shall not apply to traction engines, tractors, or other vehicles of the tracklaying type when the portions of the movable tracks in contact with the roadway surface present plane surfaces of sufficient area to prevent damage thereto. [L 1941, c 216, pt of §1; RL 1945, §11712; RL 1955, §311-18; HRS §291-33; am L 1991, c 59, §1; am L 2020, c 70, §40]

HRS §291-34 Size of vehicles; width, height, and length

291-34. Size of vehicles; width, height, and length (a) Width. No motor vehicle or other power vehicle having an overall width greater than nine feet, including load, shall be operated or moved upon any public road, street, or highway within the State, except as hereinafter provided. (b) Height. No motor vehicle or other power vehicle having an overall height greater than fourteen feet, including load, shall be operated or moved upon any public road, street, or highway within the State except as hereinafter provided; and provided further that no motor vehicle or other power vehicle shall be operated under or through any bridge or other highway structure if the height of the motor vehicle or other power vehicle exceeds the posted height for the bridge or other highway structure. (c) Length: (1) No single motor vehicle or other power vehicle having a total overall length greater than forty-five feet, including load, shall be operated or moved upon any public road, street, or highway within the State, except as provided in this subsection; (2) No truck-tractor and semitrailer having a total overall length greater than sixty-five feet, including load, shall be operated or moved upon any public road, street, or highway, other than interstate highways and certain qualifying federal aid highways as designated by the director of transportation, within the State, except as provided in this subsection; provided that: (A) For truck-tractors and semitrailers used for agricultural purposes and public utilities maintenance and service vehicles, the total combined length of the truck-tractor and semitrailer or public utility maintenance and service vehicle shall not exceed sixty-five feet in length; (B) The length of the semitrailer shall not exceed forty-eight feet in length; and (C) The length of an articulated bus for public transit purposes shall not exceed eighty-two feet in length, and shall not consist of more than three units; (3) No combination of motor vehicles or other power vehicles coupled together shall consist of more than two units and no combination of vehicles having a total overall length greater than sixty-five feet, including load, shall be operated or moved upon any public road, street, or highway other than interstate highways and certain qualifying federal aid highways as designated by the director of transportation, within the State, except as provided in this subsection. A truck-tractor and semitrailer shall be regarded as a single unit when determining the number of units in a combination; (4) No motor vehicle, self-propelled construction or farm equipment, trailer, or semitrailer shall be operated upon any public road, street, or highway within the State if it is carrying or otherwise has projecting to the front or rear, a load, boom, mast, or other projecting structure or attachment unless: (A) With respect to self-propelled construction or farm equipment: (i) The length of the equipment measured on a horizontal axis, including the projection, is not greater than forty-five feet; (ii) The projection is either held securely in place or is controlled by the driver or an operator; (iii) The projection does not obstruct the driver's vision; (iv) The projection does not impair the driver's ability to control the equipment; (v) The projection beyond the front tires is at least seven feet above the roadway surface; and (vi) The projection does not extend more than four feet past the extremity of the piece of equipment, or if it extends more than four feet, an escort vehicle is provided by the owner or operator either to the front or to the rear of the projection to call attention to the projection; or (B) With respect to a motor vehicle, or a motor vehicle with attached trailer or semitrailer: (i) The overall length of a motor vehicle including the projection, is not greater than forty-five feet or the overall length of the motor vehicle with attached trailer or semitrailer, including the projection, is not greater than sixty feet except that this limitation on a motor vehicle with attached trailer or semitrailer, including the projection, shall not be applicable on interstate highways and certain qualifying federal aid highways, as designated by the director of transportation; (ii) The projection is either held securely in place or is controlled by the driver or an operator; (iii) The projection does not obstruct the driver's vision; (iv) The projection does not impair the driver's ability to control the equipment; (v) The projection beyond the front tires is at least seven feet above the roadway surface; and (vi) The projection does not extend more than four feet past the extremity of the trailer or semitrailer, or, if it extends more than four feet, an escort vehicle is provided by the owner or operator either to the front or to the rear of the projection to call attention to the projection; (5) The limitations in this subsection upon length shall not apply to vehicles transporting pipe, poles, timbers, reinforcing steel, structural steel, or other objects of a structural nature that cannot be readily dismembered; provided that when transported by night every vehicle shall be equipped with a sufficient number of clearance lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load. [L 1941, c 216, pt of §1; RL 1945, §11713; RL 1955, §311-19; HRS §291-34; am L 1969, c 37, §1; am L 1971, c 133, §1; am L 1978, c 32, §1; am L 1980, c 76, §1; am L 1981, c 61, §1; am L 1983, c 188, §1; am L 1991, c 26, §1; am L 1994, c 28, §1; am L 1995, c 115, §1; am L 1999, c 184, §1; am L 2009, c 83, §1]

HRS §291-35 Gross weight, axle, and wheel loads

291-35. Gross weight, axle, and wheel loads No motor vehicle or other power vehicle or combination of those vehicles equipped wholly with pneumatic tires shall be operated or moved upon any public road, street, or highway within the State if the vehicle or combination of vehicles has a total gross weight (including vehicle and load), an axle load, or a wheel load in excess of the limits set forth in this section; provided that the maximum gross weight, axle loads, and wheel loads allowed under this section shall be inapplicable when its application would adversely affect the receipt of federal funds for highway purposes; provided further that no vehicle or combination of vehicles shall be operated on or moved over any bridge or other highway structure if the total gross weight, including vehicle and load, exceeds the posted maximum gross load limitation for the bridge or other highway structure. (1) The total gross weight, in pounds, imposed on any public road, street, or highway within the State 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: (A) Forty inches or less, the weight imposed shall not exceed twenty thousand pounds; and (B) More than forty inches but no more than ninety-six inches, the weight imposed shall not exceed thirty-four thousand pounds. This grouping of two consecutive axles shall be known as tandem axle. (2) The total gross weight, in pounds, imposed on any public road, street, or highway within the State by any group of two or more consecutive axles, on a vehicle or combination of vehicles shall not exceed that resulting from application of the formula: W = 500 (LN/(N-1) + 12N + 36) when the distance between the first and last axles of the group under consideration is over ninety-six inches and where W = maximum weight in pounds carried on any group of two or more axles computed to the nearest five hundred pounds, L = Distance in feet between the extremes of any group of two or more consecutive axles, to the nearest foot, and N = Number of axles in the group under consideration; provided that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each providing the overall distance between the first and last axles of the consecutive sets of tandem axles is thirty-six feet or more and provided also that the overall gross weight does not exceed eighty thousand pounds. (3) No vehicle or combination of vehicles shall be used or operated on any public road, street, or highway within the State with: (A) A load upon any single or tandem axle or combination of axles that exceeds the carrying capacity of the axles specified by the manufacturer; or (B) A total weight in excess of its designed capacity as indicated by its designed gross vehicle weights or gross combination weights. (4) The total gross weight imposed upon the public road, street, or highway by any single axle shall not exceed twenty thousand pounds. For the purpose of this section, axles placed in the same transverse plane and spaced forty inches or less apart shall be considered as one axle. (5) The total gross weight imposed upon the public road, street, or highway by any one wheel, either single or dual mounting, shall not exceed ten thousand pounds. (6) The director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets, may place and maintain signs to limit the gross weight of a vehicle or combination of vehicles traveling over a bridge or other highway structure in the interest of public safety when it is determined through engineering investigation and analysis that the theoretical load carrying capacity of the bridge or structure is less than the maximum gross vehicular weight allowed by this chapter. In determining the weight limits and in posting the weight limit signs, the director or the county engineer need not comply with rulemaking provisions of chapter 91; provided that if any person objects to the weight limits, the person may object to the rule as provided in chapter 91. [L 1941, c 216, pt of §1; am L 1943, c 76, §1; RL 1945, §11714; am L 1949, c 94, §1; RL 1955, §311-20; am L 1957, c 251, §1; am L Sp 1959 2d, c 1, §26; am L 1967, c 48, §1; HRS §291-35; am L 1970, c 168, §1; am L 1971, c 75, §1; am L 1977, c 184, §1; am L 1980, c 281, §1; am L 1986, c 42, §1; am L 1989, c 311, §1; am L 1990, c 32, §1; am L 1993, c 82, §1; am L 2020, c 70, §41; am L 2023, c 26, §1]

HRS §291-35.1 Regulation of bumper height.

291-35.1. Regulation of bumper height. Maximum bumper heights of motor vehicles shall be determined by the weight category of gross vehicle weight rating (GVWR) as measured from a level surface to the highest point on the bottom of the bumper. Maximum heights are as follows: Gross Vehicle Weight Rating Front Rear Passenger vehicles 22 inches 22 inches 4,500 lbs. and under 29 inches 29 inches 4,501 lbs. to 7,500 lbs. 33 inches 33 inches 7,501 lbs. to 10,000 lbs. 35 inches 35 inches For any vehicle with bumpers or attaching components which have been modified or altered from the original manufacturer's design to conform with the maximum bumper height requirements of this section, the bumper height shall be measured from a level surface to the bottom of the bumper. The vehicle frame rail, measured from a level surface to the bottom of the vehicle frame rail, shall not exceed the attached bumper height. The maximum distance between vehicle body to vehicle frame rail shall not exceed three inches. The distance between the vehicle body to vehicle frame rail shall be measured from the vehicle body mount seat to the vehicle frame rail mount seat. "Bumper", for purposes of this section means a horizontal load bearing protective system installed on a motor vehicle which is constructed of sturdy materials that will not shatter or split upon moderate impact and provides adequate protection against damages to the front and rear external lighting and reflective devices, hood, trunk, doors, painted surfaces, cooling system, exhaust system, and other components during a low speed impact. Any vehicle that exceeds the Vehicle Equipment Safety Commission - Regulation 12 recommended bumper height, based on the gross vehicle weight rating, shall be equipped with an audible reverse warning system. The audible reverse warning system is not required on any open cab vehicle with a distance of less than four feet from the rear of the driver's seating position to the rear most part of the vehicle body. [L 1984, c 291, §1; am L 1985, c 122, §1]

HRS §291-36 Exceptions

291-36. Exceptions (a) The director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets, may, upon application in writing, issue a written permit authorizing the applicant to operate or move a vehicle or combination of vehicles, self-propelled construction or farm equipment, marine terminal equipment as referenced in section 286-26(h)(3), or special mobile equipment of dimensions or weights, including loads or both, which exceed the limits set in sections 291-34 and 291-35. (b) The director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets, may issue a permit authorizing the applicant to operate vehicles or combinations of vehicles which exceed the limits set forth in section 291-35 when carrying products from the place where they are harvested or stored to the place where they are processed or used. (c) The application for any such permit shall specifically describe the vehicle or combination of vehicles, the self-propelled construction or farm equipment, the marine terminal equipment as referenced in section 286-26(h)(3), the load to be operated or moved, the particular highways over which the permit to operate is requested, and whether such permit is requested for a single trip or for continuous operation. (d) The director of transportation or county engineer may if the director of transportation or county engineer determines that adequate precautions will be taken to protect persons and property issue the permit and may in the permit limit the number of trips, establish seasonal or other time limitations during which the permit is valid, prescribe conditions as to route, equipment, speed, escort vehicles, safety measures, or otherwise limit or prescribe conditions of operation under such permit to assure against injury to person and undue damage to the road foundations, surfaces, or structures. The issuing authority may also require such undertaking or other security as may be deemed necessary to protect the highways and bridges from damage, or to provide indemnity for any injury resulting from such operation. The permit shall be valid for the period specified or unless sooner revoked by the issuing authority. (e) Every such permit shall be carried in the vehicle or combination of vehicles, self-propelled construction or farm equipment, or marine terminal equipment as referenced in section 286-26(h)(3), to which it refers and shall be open to inspection of any peace officer or traffic officer or employee charged with the care or protection of the highways; provided that in the case of annual permits, this requirement may be met where a copy of the permit is carried in the vehicle, and the original permit is readily available for inspection from the operator's offices in the county of issuance. (f) The owner of any vehicle or combination of vehicles, self-propelled construction or farm equipment, or marine terminal equipment as referenced in section 286-26(h)(3) found operating in violation of the terms or 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. (g) The restrictions of sections 291-34 and 291-35 shall not apply to the operation of motor vehicles on roads now under the control of the counties where a private individual or corporation actually maintains the county road or roads under an agreement in writing filed with the respective county or city council. The agreement shall also provide that the individual or corporation shall repair all damages caused to such roads by vehicles or other self-propelled equipment belonging to or under the control of the individual or corporation and upon failure of the individual or corporation to repair such road or roads as provided in such agreement, the county may repair such damages and charge the cost thereof to and collect the same from the individual or corporation. (h) Nothing in this chapter shall prevent motor vehicles with a width of greater than nine feet, including load, from crossing any public road, street, or highway within the State. (i) No provision herein shall be so construed as to prevent the passage of ordinances by any county which impose restrictions more severe in nature. (j) A fee shall be charged for each permit issued by the director of transportation 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. Such fee shall be deposited in the State's account for special funds for highways. (k) 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 of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets; 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. [L 1941, c 216, pt of §1; am L Sp 1941, c 39, §1; RL 1945, §11715; am L 1949, c 94, §2; RL 1955, §311-21; am L 1957, c 251, §2; am L Sp 1959 2d, c 1, §26; HRS §291-36; am L 1971, c 75, §2 and c 133, §2; am L 1977, c 184, §2; am L 1978, c 192, §2; am L 1980, c 281, §2; gen ch 1985; am L 2017, c 115, §4]

HRS §291-37 Penalties

291-37. Penalties (a) Any person who omits to perform any of the acts required by, or who commits any of the acts prohibited by, sections 291-2 to 291-33, or any rules adopted to enforce those sections, shall be guilty of a violation and shall be fined not less than $25 nor more than $1,800, except as otherwise provided. Any person who omits to perform any of the acts required by, or who commits any of the acts prohibited by, section 291-34, 291-35, or 291-36 shall be fined in accordance with the following: (1) For excess weight of up to 100 pounds, the minimum fine for a violation shall be $250; (2) For excess weight greater than 100 pounds, the fine for a violation shall be an additional $0.11 per pound. Example: A truck is cited for weighing 15,000 pounds in excess of the gross weight limit; the fine is $250 + (15,000-100)*$0.11 = $1,889; and (3) The fines in paragraphs (1) and (2) shall be applied to each axle and wheel group violation in addition to a gross vehicle weight violation as applicable. If the excess dimension is: The fine shall be: Up to 5 feet $ 50 Over 5 feet and up to 10 feet 100 Over 10 feet and up to 15 feet 150 Over 15 feet 200 For the purposes of this section, "person" means the driver of the vehicle unless the driver is an employee in the scope and course of employment, in which case "person" means the employer of the driver. In the case of the transportation of a sealed container or transportation by flatrack, "person" means the individual or company the cargo is consigned to or the individual or company located in the State shipping the cargo. The consignee or the shipper shall not be cited if the power units' drive axle group is overweight, and the weight is not more than that allowed for a tandem axle with any applicable tolerances. All penalties imposed and collected for violations of sections 291-33 to 291-36 shall be paid into the state highway fund. The department of transportation shall institute a system where the fine, based on the provisions in this subsection, may be mailed in when the citation or penalty is not to be contested. This system shall include an ability for the owner of the vehicle or combination of vehicles to request the operator be held harmless and the citation be transferred to that owner of the vehicle or combination of vehicles. (b) When a vehicle or combination of vehicles including load is found to be in violation of any provision contained in sections 291-33 to 291-36, and the operator of such vehicle or combination of vehicles is a subordinate or employee, the courts shall take judicial notice of this relative subordinate position and, conditions warranting, hold the operator harmless and impose the applicable penalties against the owner of the vehicle or combination of vehicles. The owner of the vehicle or combination of vehicles shall mean persons or officers of firms or corporations, who owns the transporting vehicle or who operates the vehicle under a bona fide lease agreement. [L 1941, c 216, pt of §1; RL 1945, §11716; RL 1955, §311-22; HRS §291-37; am L 1977, c 184, §3; am L 1980, c 281, §3; am L 1989, c 57, §1; am L 1992, c 43, §1 and c 179, §1; am L 1994, c 30, §2; am L 2005, c 66, §1; am L 2007, c 209, §1; am L 2023, c 241, §1]

HRS §291-39 Enforcement

291-39. Enforcement (a) For the purpose of the enforcement of sections 291-33 to 291-36, the powers of police officers are conferred upon the director of transportation and any motor carrier safety officer. Every police officer and motor carrier safety officer shall enforce compliance with sections 291-33 to 291-36, with the technical assistance of the department of transportation. In the enforcement of sections 291-34 to 291-36 such officers may require the driver of a vehicle to stop and submit to: (1) The measurement of the dimensions of the vehicle and load; (2) The examination of the certificate of weight; and (3) The weighing of vehicles and load by means of either wheel load weighers, axle load scales, or vehicle scales, if the scales are within two miles of the place where the vehicle is stopped. (b) The department of transportation is authorized to provide the necessary technical assistance to police officers and motor carrier safety officers to determine compliance or noncompliance with sections 291-34 to 291-36. Whenever the department of transportation determines that the size or weight of a vehicle does not comply with sections 291-34 to 291-36, the police officers or motor carrier safety officers may require the driver to move the vehicle to a suitable place and to remain there until the vehicle and load are brought into compliance with the limits prescribed by this chapter. If any of the load must be removed from the vehicle in order to comply with sections 291-34 to 291-36, the removal and all risks caused by or resulting from the removal shall be the responsibility of the owner or operator of the vehicle. (c) Police officers and motor carrier safety officers shall issue citations to any person violating sections 291-33 to 291-36. (d) The driver of any vehicle who fails or refuses to stop and submit the vehicle and load to measuring or weighing when directed by a police officer or motor carrier safety officer or who fails or refuses to otherwise comply with this section, shall be fined as provided in section 291-37. [L 1977, c 184, §4; am L 1980, c 281, §4; am L 1983, c 188, §2; am L 1992, c 179, §2; am L 2023, c 240, §1]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-.htmFetched: 11/10/2026