HOUSE OF REPRESENTATIVES	H.B. NO.	1361
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to transportation.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The condition of Hawaii's roadways, particularly those on the island of Oahu, has generated a large number of complaints from Hawaii residents at both the State and county levels.  Additionally, claims filed at the State and county levels for damage to motor vehicles due to poor road conditions, such as potholes, are common and appear to be increasing.

     Both the State and city and county of Honolulu have tried to address the issue of deteriorating roadways in recent years with the initiation of major roadway repaving projects and aggressive repaving schedules.  Between 2013 and 2014, the city and county of Honolulu paved over eight hundred lane miles of road on Oahu.  In 2015, another three hundred lane miles are expected to be paved by the city and county of Honolulu.  However, much more road repair and repaving work remains.

     Besides the sheer volume of traffic, another factor exacerbating the wear and tear on our public roadways is use of the roadways by large vehicles that transport heavy loads of cargo shipped in to our State.  Regulating cargo carrier use of public roadways by implementing weight verification requirements may be a means of extending the life of Hawaii's roadways.

     The purpose of this Act is to require commercial maritime cargo carrying vehicles to meet weigh in, reporting, and other requirements when transporting heavy loads of cargo on Hawaii's roadways.

     SECTION 2.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§291C-    Maritime cargo carrying vehicles; heavy loads.  (a)  No commercial maritime cargo carrying vehicle with a load consisting of a gross weight of fifty-five thousand pounds or more shall be driven or moved on any highway without being weighed on a certified scale operated by the department immediately, upon departing from a commercial harbor.

     (b)  Upon certification of the gross weight of the load of the commercial maritime cargo carrying vehicle, the department shall issue a receipt to the operator of the vehicle stipulating the gross weight of the load and that the load was weighed at a certified scale operated by the department.  The operator of the vehicle shall carry this receipt in the vehicle at all times while transporting the load.

     (c)  Any police officer or law enforcement officer, when stopping a commercial maritime cargo carrying vehicle or inspecting a commercial maritime cargo carrying vehicle for any reason, may require the operator of the vehicle to exhibit the receipt issued under subsection (b).

     (d)  A police or law enforcement offer shall issue a citation to an operator of a commercial maritime cargo carrying vehicle if the operator is found to be operating the vehicle without a receipt issued under subsection (b).  The citation shall state the reasons for which the vehicle is being cited and shall require the operator to immediately return to a commercial harbor to be weighed in accordance with subsection (a).

     (e)  Each maritime cargo carrier shall submit to the department a detailed list, obtained from the shipping manifest, of every shipping container or load that:

     (1)  Has arrived in a commercial harbor of the State;

     (2)  Has a gross weight of fifty-five thousand pounds or more; and

     (3)  Is to be transported on any highway in the State.

     (f)  For the purposes of this section:

     "Commercial maritime cargo carrying vehicle" means any commercial vehicle, used on a highway, that is designated or used primarily to carry commercial cargo transported via a maritime vessel into the State or between islands of the State.

     "Gross weight" means the total weight of a shipping container and the cargo contained within the shipping container.

     (g)  Any violation of this section shall be subject to a fine of not less than $5 nor more than $1,000; provided that a citation issued in accordance with subsection (d) shall be considered a traffic infraction."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Maritime Cargo; Commercial Vehicle; Highways

 

Description:

Requires commercial vehicles carrying cargo weighing 55,000 pounds or more from Hawaii's commercial harbors to be weighed prior to leaving the harbor.  Requires water carriers to provide the Department of Transportation with a list of shipping containers or loads weighing 55,000 pounds or more to be transported on a highway.  Provides a penalty.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.