§291-37  Penalties.  (a)  Any
person who omits to perform any of the acts required by, or who commits any of
the acts prohibited by, sections 291-2 to 291-33, or any rules adopted to
enforce those sections, shall be guilty of a violation and shall be fined not
less than $25 nor more than $1,800, except as otherwise provided.



Any person who omits to perform any of the acts
required 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 for
a



If the excess weight is: violation shall
be:



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 shall
be:



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 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 shall
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.



(b)  When a vehicle or combination of vehicles
including load is found to be in violation of any provision contained in sections
291-33 to 291-36, and the operator of such vehicle or combination of vehicles
is a subordinate or employee, the courts shall take judicial notice of this
relative subordinate position and, conditions warranting, hold the operator
harmless and impose the applicable penalties against the owner of the vehicle
or combination of vehicles.  The owner of the vehicle or combination of
vehicles shall mean persons or officers of firms or corporations, who owns the
transporting vehicle or who operates the vehicle under a bona fide lease
agreement. [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 L
1992, 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]