Posted on November 30, 2013 at 12:00 AM by Lois Whitney
(b) No vehicle shall be driven or moved on any
highway when any load thereon is not entirely within the body of the vehicle;
provided that this prohibition shall not apply if the load is securely fastened
by means of clamps, ropes, straps, cargo nets, or other suitable mechanical
device to prevent such load from dropping onto the highway or from shifting in
any manner and, further, no vehicle shall be operated on any highway with any
load thereon projecting beyond the extreme width of the vehicle.
(c) Vehicles carrying agricultural produce
from fields during harvesting shall be exempt from the requirements of this
section but the owner of the vehicle must provide for the reasonable removal of
all such produce spilled or dropped on the highway.
(d) No vehicle shall be driven or moved on any
highway with any load if the load is not entirely covered by a cargo net,
tarpaulin, canopy, or other material designed to cover the load to prevent the
load from escaping from the vehicle, where the load consists partially or
entirely of loose paper, loose rubbish, plastics, empty cartons, dirt, sand, or
(e) Vehicles transporting a granular load
consisting of dirt, sand, or gravel on any highway shall not be required to
cover their granular load if the granular load does not extend, at its peak,
above any point on a horizontal plane equal in height to the top of the side,
front, or rear part of the cargo container area that is the least in height.
(f) No vehicle shall be driven or moved on any
highway with a load consisting of rocks, stones, or boulders if the load, at
its peak, extends above any point on a horizontal plane equal in height to the
top of the side, front, or rear part of the cargo container area that is the
least in height.
(g) Violation of this section shall be considered
an offense as defined in section 701-107(5), shall not be subject to the
provisions of chapter 291D, and shall subject the owner or driver of the
vehicle, or both, to the following penalties without possibility of probation
or suspension of sentence:
(1) For a first violation, by a fine of not less than
$250 and not more than $500.
(2) For a second violation involving a vehicle or
driver previously cited under this section within one year:
(A) Suspension of the vehicle registration or
suspension of the license of the driver, or both, for not less than five
working days but not more than ten working days; and
(B) A fine of not less than $500 and not more
(3) For a third or subsequent violation involving a
vehicle or driver previously cited under this section within one year:
(A) Suspension of the vehicle registration or
suspension of the license of the driver, or both, for a period of thirty
calendar days; and
(B) A fine of not less than $750 and not more
In imposing a fine under this subsection, the
court, in its discretion, may apportion payment of the fine between the driver
of the vehicle and the owner of the vehicle according to the court's
determination of the degree of fault for the violation.
For the purposes of this subsection, a
truck-trailer combination and tractor-semitrailer combination, as they are
defined in section 286-2, shall be considered as one vehicle. [L 1976, c 137,
§1; am L 1977, c 205, §1; am L 1986, c 175, §1; am L 1989, c 301, §1; am L 1990,
c 121, §1; am L 2000, c 100, §1]
Link to State Law
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Posted on November 21, 2013 at 12:00 AM by Lois Whitney
Mayor Signs MOU with Monsanto Requiring Disclosure of Pesticide Use
WAILUKU, Maui, Hawai`i – Mayor Alan Arakawa signed a Memorandum of Understanding (MOU) with Monsanto earlier this month, thereby obtaining assurances from the company that they will engage in safe practices involving restricted-use pesticides.
The MOU comes after bills were passed in Kauai and Hawaii Counties involving restrictions on the use of pesticides. While watching what was happening in other counties, Maui County decided to approach Monsanto - which has farms on both Maui and Molokai - to require disclosure of the company’s restricted-use pesticides and all information about related practices.
The company has readily complied, and signed an agreement being referred to as the “Maui County AG Oversight Agreement (AGOA).”
The AG Oversight Agreement states that Monsanto must:
Mayor Arakawa said the AGOA will help provide some much-needed information to the public without putting financial burdens on taxpayers or opening the County up to costly lawsuits.
“Responsible use of pesticides is a concern for us all, especially for those of us who grew up on these islands when sugar cane and pineapples were our main exports,” said Mayor Arakawa. “There must be safeguards and a sharing of information, and I believe the AG Oversight Agreement is a proactive step we needed to take in providing both for our community.”
The County of Maui is also working with Hawaiian Commercial & Sugar (HC&S) on a similar MOU agreement.
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Posted on October 11, 2013 at 12:00 AM by Lois Whitney
Q: On October 8 or 9, the Lifeguard station at D.T. Fleming's beach was scheduled to be demolished. This station in particular is an icon in our small Westside community, as it bears a mural of a beloved long-time resident who passed away in 2007, Ron Cassidy. This may not seem an important issue in the big scheme of things but to people who frequent this location and live in our community, it is. Is there a way the mural can be saved? Thank you for your time and consideration.
A: Thank you for asking about this, as I have heard a lot of misinformation being circulated in the community. Over three years ago, several County lifeguards asked our Risk Management Division to inspect the tower for safety considerations. After the inspection, Risk Management recommended the replacement of the tower with a new tower similar to the other portable towers in use in Maui County. To keep the public and our lifeguards safe, a new, state-of-the-art tower was requisitioned and purchased, and in fact was specially designed by the manufacturer as a new, larger-capacity model called the “Maui Tower.” The tower has been delivered to D.T. Fleming Beach and is being installed, with all logistics planned to allow work crews to carry out the demolition, delivery and installation of the new tower in a timely and coordinated manner. As for the beautiful mural painted by acclaimed local artist Ronaldo Macedo, it was carefully removed prior to demolition, and plans are being made for the permanent installation of this meaningful tribute to a beloved member of our community.