§291-36  Exceptions.  (a)  Thedirector of transportation, in the case of state highways, or the countyengineer, in the case of county roads and streets, may, upon application inwriting, issue a written permit authorizing the applicant to operate or move avehicle or combination of vehicles, self-propelled construction or farmequipment, or special mobile equipment of dimensions or weights, includingloads or both, which exceed the limits set in sections 291-34 and 291-35.

(b)  The director of transportation, in thecase of state highways, or the county engineer, in the case of county roads andstreets, may issue a permit authorizing the applicant to operate vehicles orcombinations of vehicles which exceed the limits set forth in section 291-35when carrying products from the place where they are harvested or stored to theplace where they are processed or used.

(c)  The application for any such permit shallspecifically describe the vehicle or combination of vehicles, theself-propelled construction or farm equipment, the load to be operated ormoved, the particular highways over which the permit to operate is requested,and whether such permit is requested for a single trip or for continuousoperation.

(d)  The director of transportation or countyengineer may if the director of transportation or county engineer determinesthat adequate precautions will be taken to protect persons and property issuethe permit and may in the permit limit the number of trips, establish seasonalor other time limitations during which the permit is valid, prescribeconditions as to route, equipment, speed, escort vehicles, safety measures, orotherwise limit or prescribe conditions of operation under such permit toassure against injury to person and undue damage to the road foundations,surfaces, or structures.  The issuing authority may also require suchundertaking or other security as may be deemed necessary to protect thehighways and bridges from damage, or to provide indemnity for any injuryresulting from such operation.  The permit shall be valid for the periodspecified or unless sooner revoked by the issuing authority.

(e)  Every such permit shall be carried in thevehicle or combination of vehicles or the self-propelled construction or farmequipment to which it refers and shall be open to inspection of any peaceofficer or traffic officer or employee charged with the care or protection ofthe highways; provided that in the case of annual permits, this requirement maybe met where a copy of the permit is carried in the vehicle, and the originalpermit is readily available for inspection from the operator's offices in thecounty of issuance.

(f)  The owner of any vehicle or combination ofvehicles or self-propelled construction or farm equipment found operating inviolation of the terms or conditions of any permit or over sections of thehighway not covered by the permit shall be subject to the penalties provided insection 291-37.

(g)  The restrictions of sections 291-34 and291-35 shall not apply to the operation of motor vehicles on roads now underthe control of the counties where a private individual or corporation actuallymaintains the county road or roads under an agreement in writing filed with therespective county or city council.  The agreement shall also provide that theindividual or corporation shall repair all damages caused to such roads byvehicles or other self-propelled equipment belonging to or under the control ofthe individual or corporation and upon failure of the individual or corporationto repair such road or roads as provided in such agreement, the county mayrepair such damages and charge the cost thereof to and collect the same fromthe individual or corporation.

(h)  Nothing in this chapter shall preventmotor vehicles with a width of greater than nine feet, including load, fromcrossing any public road, street, or highway within the State.

(i)  No provision herein shall be so construedas to prevent the passage of ordinances by any county which impose restrictionsmore severe in nature.

(j)  A fee shall be charged for each permitissued by the director of transportation as follows:

(1)  Single trip permit forloads less than 1.35 times the allowable load or less than 14 feet in width.... $5.

(2)  Continuous trip permitfor loads less than 1.35 times the allowable load or less than 14 feet in width.... $10.

(3)  Overweight permit inexcess of 1.35 times the allowable load................................................ $25.

(4)  Oversize permit forwidth in excess of 14 feet.. $25.

Such fee shall be deposited in the State'saccount for special funds for highways.

(k)  Notwithstanding any law to the contrary,no permit shall be required for any vehicle or combination of vehicles used inagricultural operations or activities which only crosses any public road,street, or highway within the State at locations approved by the director oftransportation, in the case of state highways, or the county engineer, in thecase of county roads and streets; provided that:

(1)  The owners of vehicles transporting agriculturalproducts and equipment shall construct and maintain structurally suitablepavement sections at each crossing;

(2)  These owners shall provide for the cleaning andremoval of all debris and mud generated by their operation;

(3)  The maximum length of vehicles transportingagricultural products shall be limited to not more than eighty feet; and

(4)  The maximum length of vehicles, including load,used in transporting agricultural equipment shall be limited to not more thanone hundred feet. [L 1941, c 216, pt of §1; am L Sp 1941, c 39, §1; RL 1945,§11715; am L 1949, c 94, §2; RL 1955, §311-21; am L 1957, c 251, §2; am L Sp1959 2d, c 1, §26; HRS §291-36; am L 1971, c 75, §2 and c 133, §2; am L 1977, c184, §2; am L 1978, c 192, §2; am L 1980, c 281, §2; gen ch 1985]