Chapter 10.68 HEAVY VEHICLES AND VEHICLE LOADS

A. In special cases of individual movements over public roads, vehicles whose dimensions or weights, including loads, or both, exceed the limits set by state statutes, may be operated under special permits granted by the county engineer or the Maui district engineer of the department of transportation of the State; provided, that such permits are approved by the chief of police, or his representative.

B. The county engineer or the Maui district engineer of the department of transportation of the State may issue such a special permit under such conditions of time, route, equipment, speed and otherwise as they may determine, upon proper application being made therefor. The application shall be in writing and shall include a certification by the party making the application that he has made a survey of the route to be used and that no obstacle or property will interfere with the free passage of the object being moved.

C. Special permits issued by the county engineer or the Maui district engineer shall be presented to the chief of police, or his representative, for his approval at least eight hours prior to the time of the actual operation of the vehicle. The chief of police, or his representative, shall approve the permit unless he determines that the proposed operation will unnecessarily and unreasonably interfere with the movement of traffic. (Ord. 413 § 10-19.4, 1965)

A. The load limit shall be designed passenger seating capacity plus one-third of such capacity. The number of passengers allowed to stand shall be not more than one-third of the designed seating capacity. Buses shall be equipped with handrails for passengers standing.

B. Signs shall be conspicuously posted, one on the outside of the bus adjacent to the entrance and another on the inside of the bus within the front portion, setting forth the load limit. (Ord. 413.21 § 1(c) (part), 1969: Ord. 413 § 10-14.22, 1965)

A. When one vehicle is towing another, the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and the drawbar or other connection shall not exceed fifteen feet from one vehicle to the other except that the connection may be longer between any two vehicles transporting poles, pipes, machinery, or other objects of such structural nature as cannot readily be dismembered.

B. When one vehicle is towing another and the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square. (Ord. 413 § 10-19.3, 1965)

A. Any motor vehicle towing a forklift on any street or highway shall secure the forks or steel fingers in an upright or lowered position not higher than six inches off the ground measured at the tip of the forks.

B. Any forklift operated on any street or highway without a load shall have its fork or steel fingers secured in an upright or in a lowered position not higher than six inches off the ground measured at the tip of the forks.

C. A forklift shall not transport merchandise upon any street or highway. However, the forklift may be used solely for the purpose of loading or unloading merchandise from a truck or other conveyance upon any street or highway.

D. Any forklift being towed or operated on any street or highway within this county at any time from a half hour after sunset to a half hour before sunrise, and at any other time when there is insufficient light to render clearly discernible persons or vehicles on the highway at a distance of five hundred feet, shall display a red tail lamp on the forklift plainly visible from a distance of at least five hundred feet to the rear. At all other times, there shall be displayed on the forklift a red flag or cloth not less than sixteen inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. The tail lamp or red flag shall be mounted or located at a height not more than seventy-two inches nor less than twenty inches from the ground. (Ord. 413.80 § 1, 1975: Ord. 413 § 10-19.5, 1965)

No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway. (Ord. 413 § 10-19.2 (part), 1965)

No vehicle shall be driven or moved on any highway with any load consisting partially or entirely of loose paper, empty cartons, crates, or any other material susceptible of being blown or carried by the wind, unless such load is entirely covered by tarpaulin, net canopy, or other suitable material, effectively preventing any part of such load from being blown or carried by the wind; provided, however, this section shall not apply to any vehicle carrying a load consisting entirely of soil, sand, coral, or gravel, if such load is wetted down to prevent particles thereof from being blown or carried by the wind. (Ord. 413.70 § 1, 1974: Ord. 413 § 10-19.22, 1965)

No vehicle shall be driven or moved on any highway when any load thereon is not entirely within the body of the vehicle; provided, however, that this prohibition shall not apply if the load is securely fastened by means of clamps, ropes, straps, cargo nets, or other suitable mechanical devices to prevent such load from dropping onto the highway or from shifting in any manner; and further, that this proviso shall not be deemed to supersede the provisions of section 10.68.030. (Ord. 413.93 § 1 (part), 1977: Ord. 413 § 10-19.2(3), 1965)

The driver of any vehicle carrying a load shall be responsible for checking, adjusting, or correcting his load to insure that the requirements of this chapter are met, before entering upon any public highway in the County for travel. The driver of any vehicle with dual tires which may pick up and carry any rocks, metal or other solid substances wedged between the dual tires shall first inspect and remove any such wedged rocks, metal or other solid substances from the tires before entering upon any public highway of the County for travel. (Ord. 413.93 § 1 (part), 1977: Ord. 413 § 10-19.2(4), 1965)

10.68.110 Prohibiting or regulating the use of roadways by certain classes or kinds of traffic.

A. Except as provided in subsection B of this section, no person shall operate any truck, bus, tractor, tractor-semitrailer combination, or tractor-trailer combination, or any other vehicle with a gross vehicle weight rating of more than ten thousand pounds on the following roads:

1. Waiko Road from its intersection with Honoapiilani Highway and for a distance of .2 miles makai of such intersection;

2. Kauhale Street, between Keonekai Street and Kilohana Drive;

3. Baker Street, between Front Street and Wainee Street;

4. Nakoa Drive, between Waiale Road and Kainani Street;

5. Oluloa Drive, between Waiale Road and Naniloa Drive;

6. Naniloa Drive, between Oluloa Drive and Kainani Street;

7. Halenani Drive, between Naniloa Drive and Kainani Street;

8. Kainani Street, between Kaahumanu Avenue and Naniloa Drive;

9. Okolani Drive, between Wailea Alanui and Piilani Highway;

10. Haulani Street, between Liholani Street and the Pukalani Country Club parking lot;

11. Front Street, between its intersection with Honoapiilani Highway at Puamana and Shaw Street.

B. Nothing in this section shall be construed to prohibit the use of the roadways specified in subsection A of this section by:

1. Public or private refuse trucks;

2. School and Maui Economic Opportunity buses; or

3. Any vehicle delivering materials or services to a residence or location within the restricted area.

C. Any person who violates any provision of this section shall, upon conviction, be subject to a fine of not less than $100, but not more than $500. (Ord. 413.318 § 2, 2006; Ord. 413.313 § 2, 2004; Ord. 413.285 § 1, 1998: Ord. 413.280 § 1, 1997; Ord. 413.277 § 1, 1997: Ord. 413.240 § 1, 1991: Ord. 413.211 § 1, 1988: Ord. 413.194 § 1, 1986)