§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 such 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) Notwithstanding any other provisions of this chapter, no enforcing officer shall issue a citation for violation of section 291-35 unless:
(1) The violator exceeds the applicable maximum weight by more than five per cent when a portable axle scale is used; or
(2) The violator exceeds the applicable maximum weight by more than two per cent when a permanently installed axle load scale is used.
This subsection shall not apply to interstate highways.
(d) Police officers and motor carrier safety officers shall issue citations to any person violating sections 291-33 to 291-36, except as specified in subsection (c).
(e) 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]
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291-2 OLD REPEALED. §291-2 Reckless driving of vehicle or riding of animals; penalty.
291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped.
291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle.
291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout.
291-8 Freight on motor cars; projection of, prohibited.
291-9 Freight; on running board.
291-11.5 Child passenger restraints.
291-11.6 Mandatory use of seat belts, when, penalty.
291-12 Inattention to driving.
291-13 Traffic laws apply to persons driving mopeds.
291-14 Pickup trucks; passenger restrictions.
291-15 Trauma system surcharge.
291-16 Safe routes to school program surcharge.
291-17 Mobile electronic devices; use while operating a commercial motor vehicle prohibited.
291-21.5 Regulation of motor vehicle sun screening devices; penalty.
291-22 Regulation of exhaust pipe and muffler.
291-24 Motorcycles and mopeds, noisy mufflers; penalty.
291-24.5 Motor vehicle muffler.
291-24.6 Motor vehicle alarm systems.
291-25 Lights for motor vehicles, motorcycles, motor scooters, motorized bicycles.
291-29 Lights for other vehicles.
291-31 Tail lights on vehicles, motorcycles and motor scooters.
291-33 Projections on face of wheels prohibited.
291-34 Size of vehicles; width, height, and length.
291-35 Gross weight, axle, and wheel loads.
291-35.1 Regulation of bumper height.
291-51.3 Reimbursement to counties; agreement with counties to provide permits
291-51.4 Fraudulent verification of an applicant as a person with a disability; penalty.
291-51.5 Special license plates.
291-51.6 Issuance of temporary removable windshield placards.
291-52 Issuance of removable windshield placard.
291-52.2 Issuance of a disabled paid parking exemption permit.
291-52.5 Issuance of identification card.
291-53 Nontransferability; penalty.
291-55 Metered parking privileges. §291-55 Parking fees.
291-57 Parking spaces reserved for persons with disabilities; penalties.
291-58 Requirement to provide parking for persons with disabilities; penalty.
291-71 Designation of parking spaces for electric vehicle charging systems.