SB1569

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] under sections 291-2 to 291-33[,] or [~~the~~] any related rules [~~adopted~~] for which a penalty is not specified, 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

1,501 to 2,000 pounds 130

2,001 to 2,500 pounds 140

2,501 to 3,000 pounds 160

3,001 to 3,500 pounds 180

3,501 to 4,000 pounds 200

4,001 to 4,500 pounds 225

4,501 to 5,000 pounds 250

5,001 to 5,500 pounds 275

5,501 to 6,000 pounds 300

6,001 to 6,500 pounds 330

6,501 to 7,000 pounds 360

7,001 to 7,500 pounds 390

7,501 to 8,000 pounds 420

8,001 to 8,500 pounds 455

8,501 to 9,000 pounds 490

9,001 to 9,500 pounds 525

9,501 to 10,000 pounds 560

10,001 pounds and over 580

If the excess dimension is: The fine shall be:

Up to 5 feet $ 25

Over 5 feet and up to 10 feet 50

Over 10 feet and up to 15 feet 75

Over 15 feet 100

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 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 upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1569
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII