§291-37  Penalties.  (a)  Anyperson who omits to perform any of the acts required by, or who commits any ofthe acts prohibited by, sections 291-2 to 291-33, or any rules adopted toenforce those sections, shall be guilty of a violation and shall be fined notless than $25 nor more than $1,800, except as otherwise provided.

Any person who omits to perform any of the actsrequired by, or who commits any of the acts prohibited by, section 291-34,291-35, or 291-36 shall be fined in accordance with the following tables:

The fine fora

If the excess weight is: violation shallbe:

100 to 1,500 pounds $250

1,501 to 2,000 pounds 260

2,001 to 2,500 pounds 280

2,501 to 3,000 pounds 320

3,001 to 3,500 pounds 360

3,501 to 4,000 pounds 400

4,001 to 4,500 pounds 450

4,501 to 5,000 pounds 500

5,001 to 5,500 pounds 550

5,501 to 6,000 pounds 600

6,001 to 6,500 pounds 660

6,501 to 7,000 pounds 720

7,001 to 7,500 pounds 780

7,501 to 8,000 pounds 840

8,001 to 8,500 pounds 910

8,501 to 9,000 pounds 980

9,001 to 9,500 pounds 1050

9,501 to 10,000 pounds 1120

10,001 pounds and over 1160

  If the excess dimension is: The fine shallbe:

Up to 5 feet $ 50

Over 5 feet and up to 10 feet 100

Over 10 feet and up to 15 feet 150

Over 15 feet 200

 

For the purposes of this section,"person" means the driver of the vehicle unless the driver is anemployee in the scope and course of employment, in which case"person" means the employer of the driver.  In the case of thetransportation of a sealed container or transportation by flatrack,"person" means:

(1)  The individual or company the cargo is consignedto; or

(2)  The individual or company located in the Stateshipping the cargo.

The consignee or the shipper shall not be cited ifthe power units' drive axle group is overweight, and the weight is not morethan that allowed for a tandem axle with any applicable tolerances.

All penalties imposed and collected forviolations of sections 291-33 to 291-36 shall be paid into the state highwayfund.

The department of transportation shallinstitute a system where the fine, based on the tables in this subsection, maybe mailed in when the citation or penalty is not to be contested.  This systemshall include an ability for the owner of the vehicle or combination ofvehicles to request the operator be held harmless and the citation betransferred to that owner of the vehicle or combination of vehicles.

(b)  When a vehicle or combination of vehiclesincluding load is found to be in violation of any provision contained in sections291-33 to 291-36, and the operator of such vehicle or combination of vehiclesis a subordinate or employee, the courts shall take judicial notice of thisrelative subordinate position and, conditions warranting, hold the operatorharmless and impose the applicable penalties against the owner of the vehicleor combination of vehicles.  The owner of the vehicle or combination ofvehicles shall mean persons or officers of firms or corporations, who owns thetransporting vehicle or who operates the vehicle under a bona fide leaseagreement. [L 1941, c 216, pt of §1; RL 1945, §11716; RL 1955, §311-22; HRS§291-37; am L 1977, c 184, §3; am L 1980, c 281, §3; am L 1989, c 57, §1; am L1992, c 43, §1 and c 179, §1; am L 1994, c 30, §2; am L 2005, c 66, §1; am L 2007,c 209, §1]