§286-2 - Definitions.
§286-2 Definitions. The following
terms whenever used and referred to in this chapter shall have the following
meanings unless a different meaning is clearly apparent from the context:
"Alcohol" means the product of
distillation of any fermented liquid, whether rectified or not, whatever may be
the origin thereof, and includes ethyl alcohol as well as synthetic ethyl
alcohol, but not denatured or other alcohol which is considered not potable
under the customs laws of the United States.
"Alcohol concentration" means the
concentration of alcohol in a person's blood or breath. When expressed as a
percentage, it means: (1) the number of grams of alcohol per 100 milliliters
of blood; or (2) the number of grams of alcohol per 210 liters of breath.
"Bicycle" means every device
propelled solely by human power upon which any person may ride, having two
tandem wheels sixteen inches in diameter or greater, and including any device
generally recognized as a bicycle though equipped with two front or two rear
wheels.
"Bus" means every motor vehicle
designed for carrying more than ten passengers and used for the transportation
of persons.
"Chief of police" means the chief of
police of each county.
"Commercial driver's license" (CDL)
means a license issued in accordance with the requirements of this chapter to
an individual which authorizes the individual to drive a class of commercial
motor vehicle.
"Commercial driver's license information
system" (CDLIS) means the information system established pursuant to the
Federal Commercial Motor Vehicle Safety Act of 1986 (Title XII, Public Law
99-570) to serve as a clearinghouse and depository of information pertaining to
the licensing and identification of commercial motor vehicle drivers and the
disqualification of such drivers from driving commercial motor vehicles.
"Commercial motor vehicle" means a
motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property:
(1) If the vehicle has a gross combination
weight rating of 26,001 or more pounds inclusive of a towed unit(s) with a
gross vehicle weight rating of more than 10,000 pounds;
(2) If the vehicle has a gross vehicle weight rating
of 26,001 or more pounds;
(3) If the vehicle is designed to transport sixteen
or more occupants, including the driver; or
(4) If the vehicle, regardless of size, is used in
the transportation of hazardous materials, as defined in this section.
"Controlled substance" means any
substance so classified under section 102(6) of the Controlled Substance Act
(21 United States Code §802(6)), and includes all substances listed on
schedules I through V of 21 Code of Federal Regulations, Part 1308, as they may
be revised from time to time.
"Conviction" means an unvacated
adjudication of guilt, or a determination that a person has violated or failed
to comply with the law in a court of original jurisdiction or by an
administrative proceeding, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of guilty or nolo
contendere accepted by the court, the payment of a fine or court cost, or
violation of a condition of release without bail, regardless of whether the
penalty is rebated, suspended, or probated.
"Director" means the state director
of transportation.
"Director of finance" means the
director of finance of each county.
"Drive" means to drive, operate, or
be in physical control of a motor vehicle in any place open to the general
public for purposes of vehicular traffic.
"Driver" means every person who drives,
operates, or is in actual physical control of a motor vehicle in any place open
to the general public for purposes of vehicular traffic or who is exercising
control over or steering a vehicle being towed or pushed by a motor vehicle.
"Driver's license" means any license
to operate a motor vehicle issued under the laws of this State.
"Driving instructor" means every
person who, for compensation, instructs another person in the rudiments and
mechanics of the operation of a motor vehicle.
"Employee" means any driver of a
commercial motor vehicle, including full time, regularly employed drivers;
casual, intermittent, or occasional drivers; and leased drivers and
independent, owner-operator contractors (while in the course of operating a
commercial motor vehicle) who are either directly employed by or under lease to
an employer.
"Examiner of drivers" means the
person or persons appointed under section 286-101.
"Executive officer" means the mayor
of each county.
"Farm tractor" means every motor
vehicle designed and used primarily as a farm implement for drawing plows,
mowing machines, and other implements of husbandry.
"Felony" means any offense under
state or federal law that is punishable by death or imprisonment for a term
exceeding one year.
"Foreign jurisdiction" means any
jurisdiction other than a state of the United States.
"Gross combination weight rating"
means the value specified by the manufacturer as the loaded weight of a
combination (articulated) vehicle. In the absence of a value specified by the
manufacturer, gross combination weight rating shall be determined by adding the
gross vehicle weight rating of the power unit and the total weight of the towed
unit and any load thereon.
"Gross vehicle weight rating" means
the value specified by the manufacturer as the loaded weight of a single
vehicle.
"Hazardous materials" means any
material that has been designated as hazardous under Title 49 United States
Code section 5103 and is required to be placarded under Subpart F of Part 172, Title
49, Code of Federal Regulations, or any quantity of a material listed as a
select agent or toxin in Title 42 Code of Federal Regulations Part 73.
"Highway" means the entire width
between the boundary lines of every way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular travel.
"Intoxicating liquor" includes
alcohol, brandy, whiskey, rum, gin, okolehao, sake, beer, ale, porter, and
wine; and also includes, in addition to the foregoing, any spirituous, vinous,
malt or fermented liquor, liquids, and compounds, whether medicated,
proprietary, patented, or not, in whatever form and of whatever constituency
and by whatever name called, containing one-half of one per cent or more of
alcohol by volume, which are fit for use or may be used or readily converted
for use for beverage purposes.
"Intrastate commerce" means trade,
traffic, or transportation between two places in the State that originates and
terminates within the State.
"Intrastate driver" means a driver, not
less than nineteen years of age, engaged in intrastate commerce, except in the
transportation of passengers in a school vehicle, as defined in section
286-181, or in the transportation of hazardous materials, as defined in section
286-2.
"Legal owner" includes a person who
holds unencumbered title to a vehicle or is a secured party under a security
interest in a vehicle.
"Moped" means a device upon which a
person may ride which has two or three wheels in contact with the ground, a
motor having a maximum power output capability measured at the motor output
shaft, in accordance with the Society of Automotive Engineers standards, of two
horsepower (one thousand four hundred ninety-two watts) or less and, if it is a
combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches
(fifty cubic centimeters) and which will propel the moped, unassisted, on a
level surface at a maximum speed no greater than thirty miles per hour; and a
direct or automatic power drive system which requires no clutch or gear shift
operation by the moped driver after the drive system is engaged with the power
unit.
"Motorcycle" means every motor
vehicle having a seat or saddle for use of the rider and designed to travel on
not more than three wheels in contact with the ground, but excludes a farm
tractor and a moped.
"Motor scooter" means every
motorcycle with a motor which produces not more than five horsepower, but
excludes a moped.
"Motor vehicle" means every vehicle
which is self-propelled and every vehicle which is propelled by electric power
but which is not operated upon rails, but excludes a moped.
"Neighborhood electric vehicle" means
a self-propelled electrically powered motor vehicle to which all of the
following apply:
(1) The vehicle is emission free;
(2) The vehicle is designed to be and is operated at
speeds of twenty-five miles per hour or less;
(3) The vehicle has four wheels in contact with the
ground;
(4) The vehicle has a gross vehicle weight rating of
less than two thousand five hundred pounds; and
(5) The vehicle conforms to the minimum safety
equipment requirements as adopted in the Federal Motor Vehicle Safety Standard
No. 500, Low Speed Vehicles (49 C.F.R. 571.500).
"Owner" or "registered
owner" includes a legal owner of a vehicle where there is no security
interest held by anyone on the vehicle, a buyer under a purchase money security
interest, or a debtor under any security interest.
"Passenger car" means every motor
vehicle, except motorcycles and motor scooters, designed for carrying ten
passengers or less and used for the transportation of persons.
"Pole trailer" means every vehicle
without motive power designed to be drawn by another vehicle and attached to
the towing vehicle by means of a reach or pole, or by being boomed or otherwise
secured to the towing vehicle, and ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes, or structural members capable,
generally, of sustaining themselves as beams between the supporting
connections.
"Rebuilt vehicle" means any vehicle
which has been declared a total loss by an insurer and has been rebuilt or
repaired to operate on public highways. For the purpose of this definition, a
vehicle is a total loss only if there is material damage to the vehicle's frame,
unitized structure, or suspension system, and the projected cost of repairing
the damage exceeds the market value of the vehicle at the time of the incident
causing it to be declared a total loss.
"Reconstructed vehicle" means a
vehicle that is registered to be operated on a public highway, and that is:
(1) Assembled from new or used parts by a person
other than a recognized manufacturer of new vehicles;
(2) Modified to the extent that the identity of the
vehicle's make, model, or type is obscured by material changes in its
appearance; or
(3) Modified by the removal, addition, alteration, or
substitution of other than original replacement essential parts, including the
vehicle's body, power train, steering system, suspension system, exhaust
system, intake system, or bumper system;
excluding ordinary body repair that does not change
the exterior structure of the vehicle. The term does not include a special
interest vehicle or a motorcycle.
"Rental or U-drive motor vehicle"
means a motor vehicle which is rented or leased or offered for rent or lease
for a period of six months or less.
"Semitrailer" means a trailer so
constructed that a substantial part of its weight rests upon the truck-tractor
by which it is drawn.
"Special interest vehicle" means a
vehicle of any age that, because of its significance, is being collected,
preserved, restored, or maintained by a collector. The term includes a street
rod vehicle and a street rod replica vehicle, as those terms are defined in
section 286-26.5; a vehicle manufactured before 1968; and a vehicle
manufactured after 1967 to resemble a vehicle manufactured before 1968.
"State", except where reference is
clearly to another state, territory, or possession of the United States, means the State of Hawaii.
"Tank vehicle" means any commercial
motor vehicle that is designed to transport any liquid or gaseous materials
within a tank that is either permanently or temporarily attached to the vehicle
or the chassis. Such vehicles include but are not limited to cargo tanks and
portable tanks, as defined in Title 49 Code of Federal Regulations Part 171.
This definition does not include portable tanks having a rated capacity under
one thousand gallons.
"Third party examiner" means a
driver's license examiner who is qualified and has been certified by the State
to examine applicants for category (4) licenses under section 286-102(b) and
commercial driver licenses.
"Title state or county" means any
state or any county in any state which issues certificates of title and registration
and notes, liens, and other encumbrances thereon.
"Tractor-semitrailer combination"
means a truck-tractor in use together with a semitrailer.
"Trailer" means a vehicle designed
for carrying persons or property and for being drawn by a motor vehicle.
"Truck" means a motor vehicle
designed, used, or maintained primarily for the transportation of property.
"Truck-tractor" means a truck
designed and used primarily for drawing other vehicles and not so constructed
as to carry a load to other than a part of the weight of the vehicle and load
so drawn.
"Truck-trailer combination" means a
truck in use together with a trailer.
"United States" means the fifty
states and the District of Columbia.
"Vehicle" means every device in,
upon, or by which any person or property is or may be transported or drawn upon
a highway, but excludes devices moved by human power or devices used
exclusively upon stationary rails or tracks and mopeds.
"Vehicle identification number" means
the unique series of letters and numerals assigned to a vehicle either by the
vehicle manufacturer or incomplete vehicle manufacturer as required by federal
law, or by the county director of finance to identify a reconstructed vehicle,
special interest vehicle, or motorcycle. [L 1967, c 214, pt of §2; HRS §286-2;
am L 1968, c 48, §2(a); am L 1970, c 164, §2; am L 1973, c 152, §1(a); am L
1974, c 98, §1; am L 1975, c 187, §3; am L 1977, c 77, §1; am L 1978, c 175,
§§7, 8; am L 1984, c 276, §3; am L 1985, c 23, §1; am L 1989, c 320, §3; am L
1990, c 43, §2 and c 342, §17; am L 1993, c 270, §1; am L 1997, c 246, §3; am L
1999, c 262, §2(1); am L 2002, c 255, §2; am L 2004, c 126, §1; am L 2006, c
22, §1 and c 130, §2; am L 2007, c 288, §2]
Revision Note
Definition of "director of finance" inserted,
definition of "treasurer" deleted, and words "county
chairman" deleted from definition of "executive officer" to
conform to county charters.
Case Notes
Definition of "owner" not applicable to term as
used in private insurance policies. 230 F. Supp. 451.