Report Title:
Vehicle Gross Weight
Description:
Increases fines for certain violations of vehicle length and gross weight requirements. Repeals fines for second, third, and subsequent violations. Requires, rather than permits, the department of transportation to establish a process for vehicle weight violators to mail in uncontested fine payments. (SD1)
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1757 |
|
TWENTY-FOURTH LEGISLATURE, 2007 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291-37, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person guilty of omitting any of the required acts, or committing any of the prohibited acts of sections 291-2 to 291-33, or the rules adopted shall be guilty of a violation of this chapter and shall be fined not less than $25 nor more than $1,800.
Any person guilty of omitting any of the required acts, or committing any of the prohibited acts of section 291-34, 291-35, or 291-36 shall be fined in accordance with the following tables:
The fine for a
If the excess weight is: [first]
violation shall be:
100 to 1,500 pounds [$125]
$250
1,501 to 2,000 pounds [130]
260
2,001 to 2,500 pounds [140]
280
2,501 to 3,000 pounds [160]
320
3,001 to 3,500 pounds [180]
360
3,501 to 4,000 pounds [200]
400
4,001 to 4,500 pounds [225]
450
4,501 to 5,000 pounds [250]
500
5,001 to 5,500 pounds [275]
550
5,501 to 6,000 pounds [300]
600
6,001 to 6,500 pounds [330]
660
6,501 to 7,000 pounds [360]
720
7,001 to 7,500 pounds [390]
780
7,501 to 8,000 pounds [420]
840
8,001 to 8,500 pounds [455]
910
8,501 to 9,000 pounds [490]
980
9,001 to 9,500 pounds [525]
1050
9,501 to 10,000 pounds [560]
1120
10,001 pounds and over [580]
1160
If the excess dimension is: The fine shall be:
Up to 5 feet [$ 25]
$ 50
Over 5 feet and up to 10 feet [50]
100
Over 10 feet and up to 15 feet [75]
150
Over 15 feet [100]
200
[For the purpose of the imposition of a fine or
penalty herein, evidence of prior offenses shall be admissible.
For a second violation within one year of
the first, the fine for excess weight shall be not less than twice the fine
listed in the excess weight table above and not more than $1,200. For a third
or subsequent violation for excess weight previously cited under this section
within one year, the fine shall not be less than triple the fine listed in the
excess weight table above and not more than $1,800.]
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:
(1) The individual or company the cargo is consigned to; or
(2) 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 [is
authorized to] shall institute a system where the fine, based on the
tables 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2007.