Sec. 19-104-11 - General conditions of permits.

Sec. 19-104-11 General conditions of permits.

The following general provisions, when applicable, shall govern the movement of all vehicles, vehicle combinations or objects authorized by permit issued by the department:

(1) The permit shall be carried in the vehicle during the movement and shall be shown on

demand to any police officer or representative of the department; provided that in the case of annual permits, this requirement may be met where a copy of the permit is carried in the vehicle, and the original permit is readily available for inspection from the operator's offices in the county of issuance.

(2) The permit shall entitle the permittee to move only on the specified state highways and bridges. The right to use other highways is neither implied nor granted.

(3) The permit shall be effective only insofar as the department has authority for its issuance, and does not relieve the permittee from complying with other existing state and county laws and ordinances which may govern the movement-E4) The permittee shall comply with all signs that are posted whether such signs are permanent or posted temporarily due to emergency conditions

(5) An oversize or overweight vehicle shall not at any time be loaded "nor unloaded nor parked upon any state highway or bridge without permission from the department, except in case of emergency.

(6) The permittee shall check structures and overhead utility lines for available clearance in overheight movements.

(7) The permittee shall secure the components of the vehicle and load with appropriate devices to prevent creating any hazards. Vehicles carrying agricultural produce from fields during harvesting shall be exempt from this requirement but the owner of the vehicle shall exercise reasonable care to prevent creating any hazards and provide for the reasonable removal of all such produce spilled or dropped on the highway.

(8) The extremities of an oversize vehicle or load shall be marked with flags or lights in accordance with existing state and county laws, ordinances, and rules.

(9) The proposed movement shall be made so that the traveled way will remain open for traffic at all times. In movements over two-lane pavements, provisions shall be made for continuous movement of opposing traffic and for frequent passing by vehicles traveling in the same direction. If necessary, the vehicle shall be moved away from the traveled way at frequent intervals

to allow traffic to pass. Vehicles shall not travel upon the highway shoulder except when pulling over to allow following vehicles to pass.

(10) Whenever the department or policing agency having jurisdiction over such highways determines that the traffic, weather or other conditions will create a hazard in the movement, the department or agency may at any time delay the movement under the permit.

(11) The issuance of permit shall not in any way be construed as a warranty by the state that the route to be used for the movements is in a safe and usable condition.

(12) Misrepresentation of information set forth in the application or noncompliance with limitations in weight and dimensions, route of travel or other provisions as stated in the permit shall render the permit void, and the permittee shall be subject to all penalties provided by law with respect to the provisions violated. The movement shall not be permitted to continue until the deficiencies have been corrected and a new permit has been issued. Issuance of a new permit shall not release the permittee from the penalties provided by law.

(13) The right to revoke the permit at any time for any justifiable reasons is reserved.

(14) No duly authorized representative of the state shall be responsible personally for any liability arising under the permit; and furthermore, the permittee shall save and hold harmless the state and any of its officers, agents, representatives, successors and assigns from any and all suits or actions of every nature and kind which may be brought for or on account of any injury, death, or damage, directly or indirectly arising or growing out of the acts or omissions of the permittee, its officers, agents, employees or servants in the use of the permit.

(15) The permit shall cover only the person or firm designated as permittee and is not transferable.

(16) Movement of oversize or overweight vehicles shall not be permitted on days and during hours when, in the opinion of the district engineer, extremely heavy traffic is expected.

(17) Movements on Saturdays, Sundays and state holidays may be permitted at the discretion of the district engineer.

         [Eff MAY 30 1981 (Auth: HRS Sec. 291-36) (Imp: HRS Sec. 291-36)

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