Sections
Part I General Provisions 286-1 – 286-12
Part IA Motor Vehicle Regulation 286-16 – 286-18
Part II Inspection of Vehicles and Mopeds 286-21 – 286-31
Part III Registration of Vehicles 286-41 – 286-71
Part IV Safety Equipment 286-81 – 286-86
Part V Driver Training School and Driving Instructors–Repealed 286-91
Part VI Motor Vehicle Driver Licensing 286-101 – 286-140
Part VII Alcohol, Drugs, and Highway Safety–Repealed 286-151
Part VIII Traffic Records 286-171 – 286-172
Part IX Pupil Transportation 286-181
Part X Miscellaneous Provisions–Repealed 286-191
Part XI Motor Carrier Safety Law 286-201 – 286-216
Part XII Transportation of Hazardous Materials 286-221 – 286-227
Part XIII Commercial Driver Licensing 286-231 – 286-249
Part XIV Administrative Revocation of Driver’s License and Motor Vehicle Registration–Repealed 286-251
Part XV Interisland Shipping of Vehicles 286-271
Part XVI Civil Identification Cards 286-301 – 286-313

Terms Used In Hawaii Revised Statutes > Chapter 286 - Highway Safety

  • Actual earnings from employment: means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, but shall not include the reasonable cost to an employer of furnishing an employee with fringe benefits or board, lodging, or other facilities and non-cash gratuities of any kind. See Hawaii Revised Statutes 373-1
  • Additional unemployment benefits: means the unemployment compensation benefits payable under this chapter. See Hawaii Revised Statutes 385-2
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjustment rate: means a percentage rate or rates of adjustment of the assessment base determined by the director of finance at the time the tax increment district is established, based on the historical and projected increases to the assessed values of taxable real property within the boundary of the tax increment district and the projected cost increases to the county for servicing the new developments within the tax increment district. See Hawaii Revised Statutes 46-102
  • Adult entertainment: means an activity to which a minor would not be able to legally gain admittance and shall include but not be limited to:

         (1)  Performing of exotic entertainment;

         (2)  Nude, exotic, or lap dancing;

         (3)  Showing of film, video, still picture, electronic reproduction, or other visual reproduction depicting:

              (A)  Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are prohibited by law;

              (B)  Any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitalia;

              (C)  Scenes wherein a person displays the anus or genitalia; or

              (D)  Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. See Hawaii Revised Statutes 390-1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: means an agency defined in § 53-1 or the Hawaii community development authority as established pursuant to chapter 206E. See Hawaii Revised Statutes 46-102
  • Aggravating character: means circumstances and behavior that increase the seriousness or outrageousness of contemptuous conduct. See Hawaii Revised Statutes 396-3
  • Agriculture: means agriculture as defined in § 3(f) of the Federal Fair Labor Standards Act of 1938, or as the same may be amended from time to time. See Hawaii Revised Statutes 387-1
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appeals board: means the Hawaii labor relations board. See Hawaii Revised Statutes 396-3
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any person who uses the services of an employment agency to secure employment for that person. See Hawaii Revised Statutes 373-1
  • Appraisal: A determination of property value.
  • Apprentice: means a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation in accordance with the standards of apprenticeship established by this chapter. See Hawaii Revised Statutes 372-2
  • Apprenticeship agreement: is a written agreement between an apprentice and either the apprentice's program sponsors or an apprenticeship committee acting as agent for the program sponsors. See Hawaii Revised Statutes 372-2
  • Apprenticeship committee: means a group of persons designated by the sponsors to administer an apprenticeship program. See Hawaii Revised Statutes 372-2
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment base: means the total assessed values of all taxable real property in a tax increment district as most recently certified by the director of finance on the date of creation of the tax increment district. See Hawaii Revised Statutes 46-102
  • Assessment increment: means the amount by which the current assessed values of taxable real property located within the boundaries of a tax increment district exceeds its assessment base. See Hawaii Revised Statutes 46-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attendance: means a student is physically present in school after enrollment. See Hawaii Revised Statutes 302A-101
  • Aviation artifact: means airplanes, fallen aircraft, crash sites, or any objects or materials associated with the history of aerospace in Hawaii which are over fifty years old, or determined to be of exceptional historic significance by the department. See Hawaii Revised Statutes 6E-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit year: refers to "benefit year" as that term is defined in § 383-1. See Hawaii Revised Statutes 385-2
  • Bequest: Property gifted by will.
  • Board: means the Hawaii labor relations board, provided for by §§ 26-20, 89-5, and 377-2. See Hawaii Revised Statutes 377-1
  • Board: means the fund's board of directors. See Hawaii Revised Statutes 386A-1
  • Board: means the board of education. See Hawaii Revised Statutes 302A-101
  • Burial good: means any item reasonably believed to have been intentionally placed with the human skeletal remains of an individual or individuals at the time of burial. See Hawaii Revised Statutes 6E-2
  • Burial site: means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological context, deemed a unique class of historic property and not otherwise included in § 6E-41. See Hawaii Revised Statutes 6E-2
  • Buyer: means a person who buys or contracts to buy goods. See Hawaii Revised Statutes 490:2-103
  • Casual basis: means employment that is:

         (1)  Irregular or intermittent; and

         (2)  Performed for a family or household who directly employs the individual providing the services. See Hawaii Revised Statutes 387-1

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Claimant: means an individual:

         (1)  Who has an unexpired benefit year and has exhausted normal benefits;

         (2)  Whose benefit year expired, or whose normal benefits were exhausted, within a period of twenty-six consecutive weeks immediately preceding the week in which the proclamation provided for in § 385-1 became effective;

         (3)  Who was employed during the week in which the governor's proclamation pursuant to § 385-1 became effective, but who became unemployed and whose total earned wages are insufficient for normal benefits; or

         (4)  Whose unemployment was proximately caused by the disaster identified by the governor in the proclamation provided for in § 385-1 and was self-employed during the week in which the disaster occurred. See Hawaii Revised Statutes 385-2

  • Client company: means any person that enters into a professional employer agreement with a professional employer organization and has covered employees. See Hawaii Revised Statutes 373L-1
  • Closing: means the permanent shutting down of all operations within a covered establishment due to the sale, transfer, merger, other business takeover or transaction of business interests, bankruptcy, or other close of business transaction that results in or may result in the layoff or termination of employees of a covered establishment by the employer. See Hawaii Revised Statutes 394B-2
  • Collective bargaining unit: means all of the employees of one employer (employed within the State), except that where the board has determined and certified that such employees engaged in a single craft, division, department, or plant as provided in § 377-5(b) constitute a separate bargaining unit they shall be so considered. See Hawaii Revised Statutes 377-1
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Hawaii Revised Statutes 490:2A-103
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community development plan: means a plan established pursuant to § 206E-5. See Hawaii Revised Statutes 46-102
  • Companionship services for the aged or infirm: means those services that provide fellowship, care, and protection for an individual who, because of advanced age or physical or mental infirmity, cannot care for the individual's own needs. See Hawaii Revised Statutes 387-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complex: means the high school and those elementary, middle, and intermediate schools that feed into the high school as designated by the department. See Hawaii Revised Statutes 302A-101
  • Complex area: means the administrative unit that includes one or more complexes as designated by the department. See Hawaii Revised Statutes 302A-101
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Hawaii Revised Statutes 490:2A-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Hawaii Revised Statutes 490:2-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Council: means the council of the county in which a tax increment district is situated. See Hawaii Revised Statutes 46-102
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive agency: means any department, office, board, or commission of a county. See Hawaii Revised Statutes 46-122
  • County legislative body: means the city council or county council of a county. See Hawaii Revised Statutes 46-122
  • Covered employee: means an individual who performs services for a client company pursuant to a professional employer agreement. See Hawaii Revised Statutes 373L-1
  • Covered establishment: means any industrial, commercial, or other business entity that employs at any time in the preceding twelve-month period, fifty or more persons. See Hawaii Revised Statutes 394B-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means , for the purpose of the section concerning explosives, any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of buying and selling explosives. See Hawaii Revised Statutes 396-3
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 372-2
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 373L-1
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 387-1
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 390-1
  • Department: means the department of education. See Hawaii Revised Statutes 302A-101
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 394B-2
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 396-3
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 6E-2
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 372-2
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 373-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 373L-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 381-1
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 385-2
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 387-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 390-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 394B-2
  • Director: means the director of labor and industrial relations or the director's designee. See Hawaii Revised Statutes 396-3
  • Director: means the director of transportation. See Hawaii Revised Statutes 286-201
  • Director of finance: means the officer or officers of the county charged with the responsibility of administering the real property taxation function of the county. See Hawaii Revised Statutes 46-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dislocated worker: means an individual who:

         (1)  Has been terminated or laid off or who has received a notice of termination or layoff from employment, is eligible for or has exhausted entitlement to unemployment compensation, and is unlikely to return to the person's previous industry or occupation;

         (2)  Has been terminated or who has received a notice of termination of employment, as a result of any permanent closure of a business, partial closings, and relocation as defined in this section; or

         (3)  Is a long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including any older individual who may have substantial barriers to employment by reason of age. See Hawaii Revised Statutes 394B-2

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disqualification: means any of the following three actions:

         (1)  The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance;

         (2)  Any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); or

         (3)  A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under Title 49, Code of Federal Regulations Part 391. See Hawaii Revised Statutes 286-231

  • district: means a contiguous or noncontiguous geographic area designated pursuant to § 46-103 by the county council for the purpose of tax increment financing. See Hawaii Revised Statutes 46-102
  • Divestiture: means the transfer of any covered establishment from one employer to another because of the sale, transfer, merger, bankruptcy, or other business takeover or transaction of business interests that causes the covered establishment's employees to become dislocated workers. See Hawaii Revised Statutes 394B-2
  • Domestic service: means services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed. See Hawaii Revised Statutes 387-1
  • Donor: The person who makes a gift.
  • Election: means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this chapter and shall include elections conducted by the board, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties. See Hawaii Revised Statutes 377-1
  • Elevator: means a hoisting and lowering mechanism permanently installed in a structure, designed to carry passengers or authorized personnel, equipped with a car or platform which moves in fixed guides and serves two or more fixed landings. See Hawaii Revised Statutes 397-3
  • Employ: includes to permit or suffer to work. See Hawaii Revised Statutes 387-1
  • Employee: includes any person, other than an independent contractor, working for another for hire in the State, and shall not be limited to the employees of a particular employer unless the context clearly indicates otherwise. See Hawaii Revised Statutes 377-1
  • Employee: means any person, whether or not a member of a labor organization, in the employ of a public utility and whose duties pertain or relate to the public utility service in which the public utility is engaged. See Hawaii Revised Statutes 381-1
  • Employee: means any person employed by an employer. See Hawaii Revised Statutes 382-1
  • Employee: includes any individual employed by an employer, but shall not include any individual employed:

         (1)  At a guaranteed compensation totaling $2,000 or more a month, whether paid weekly, biweekly, or monthly;

         (2)  In agriculture for any workweek in which the employer of the individual employs less than twenty employees or in agriculture for any workweek in which the individual is engaged in coffee harvesting;

         (3)  In or about the home of the individual's employer:

              (A)  In domestic service on a casual basis; or

              (B)  Providing companionship services for the aged or infirm;

         (4)  As a house parent in or about any home or shelter maintained for child welfare purposes by a charitable organization exempt from income tax under § 501 of the federal Internal Revenue Code;

         (5)  By the individual's brother, sister, brother-in-law, sister-in-law, son, daughter, spouse, parent, or parent-in-law;

         (6)  In a bona fide executive, administrative, supervisory, or professional capacity or in the capacity of outside salesperson or as an outside collector;

         (7)  In the propagating, catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacean, sponge, seaweed, or other aquatic forms of animal or vegetable life, including the going to and returning from work and the loading and unloading of such products prior to first processing;

         (8)  On a ship or vessel and who has a Merchant Mariners Document issued by the United States Coast Guard;

         (9)  As a driver of a vehicle carrying passengers for hire operated solely on call from a fixed stand;

        (10)  As a golf caddy;

        (11)  By a nonprofit school during the time such individual is a student attending such school;

        (12)  In any capacity if by reason of the employee's employment in such capacity and during the term thereof the minimum wage which may be paid the employee or maximum hours which the employee may work during any workweek without the payment of overtime, are prescribed by the federal Fair Labor Standards Act of 1938, as amended, or as the same may be further amended from time to time; provided that if the minimum wage which may be paid the employee under the Fair Labor Standards Act for any workweek is less than the minimum wage prescribed by § 387-2, then § 387-2 shall apply in respect to the employees for such workweek; provided further that if the maximum workweek established for the employee under the Fair Labor Standards Act for the purposes of overtime compensation is higher than the maximum workweek established under § 387-3, then § 387-3 shall apply in respect to such employee for such workweek; except that the employee's regular rate in such an event shall be the employee's regular rate as determined under the Fair Labor Standards Act;

        (13)  As a seasonal youth camp staff member in a resident situation in a youth camp sponsored by charitable, religious, or nonprofit organizations exempt from income tax under § 501 of the federal Internal Revenue Code or in a youth camp accredited by the American Camping Association; or

        (14)  As an automobile salesperson primarily engaged in the selling of automobiles or trucks if employed by an automobile or truck dealer licensed under chapter 437. See Hawaii Revised Statutes 387-1

  • Employee: means any individual engaged in service to an employer. See Hawaii Revised Statutes 394B-2
  • Employee: means every natural person who is required or directed or permitted or suffered by any employer to engage in any employment, or to go to work or be at any time in any place of employment. See Hawaii Revised Statutes 396-3
  • Employer: means any individual, partnership, corporation, or association, employing or seeking to employ any person for hire. See Hawaii Revised Statutes 373-1
  • Employer: means a person who engages the services of an employee, and includes any person acting on behalf of an employer, but shall not include the State or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact. See Hawaii Revised Statutes 377-1
  • Employer: means any person who employs the services of employees in the stevedoring industry, but shall not include the State or any agency thereof. See Hawaii Revised Statutes 382-1
  • Employer: includes any individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the State or any political subdivision thereof or the United States. See Hawaii Revised Statutes 387-1
  • Employer: includes any individual, partnership, association, joint stock company, trust, corporation, the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any person, but shall not include the State or any political subdivision thereof or the United States. See Hawaii Revised Statutes 390-1
  • Employer: means any individual or entity that, directly or indirectly, owns, operates, or has a controlling interest in a covered establishment, excluding the State or any political subdivision thereof. See Hawaii Revised Statutes 394B-2
  • Employer: means :

         (1)  The State and every state agency;

         (2)  Each county and all public and quasi-public corporations and public agencies therein;

         (3)  Every person which has any natural person in service;

         (4)  The legal representative of any deceased employer;

         (5)  Every person having direction, management, control, or custody of any employment, place of employment, or any employee. See Hawaii Revised Statutes 396-3

  • Employer: means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. See Hawaii Revised Statutes 286-231
  • Employment: includes the carrying on of any trade, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged to work for hire except domestic service in or about a private home. See Hawaii Revised Statutes 396-3
  • Employment agency: means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof. See Hawaii Revised Statutes 373-1
  • Endorsement: means an authorization on an individual's commercial driver's license or commercial learner's permit required to permit the individual to operate certain types of commercial motor vehicles. See Hawaii Revised Statutes 286-231
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fatality: means the death of a person as a result of a motor vehicle accident. See Hawaii Revised Statutes 286-231
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance lease: means a lease with respect to which:

              (i)  The lessor does not select, manufacture, or supply the goods;

             (ii)  The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

            (iii)  One of the following occurs:

                   (A)  The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

                   (B)  The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

                   (C)  The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

                   (D)  If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Hawaii Revised Statutes 490:2A-103

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the additional unemployment compensation fund established by this chapter. See Hawaii Revised Statutes 385-2
  • Fund: means the Hawaii state compensation mutual insurance fund. See Hawaii Revised Statutes 386A-1
  • Gainful occupation: means any activity which produces pecuniary gain for any person or persons connected therewith. See Hawaii Revised Statutes 390-1
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 490:2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Hawaii Revised Statutes 490:2A-103
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grantor: The person who establishes a trust and places property into it.
  • Gross vehicle weight rating: means the value specified by the manufacturer as the loaded weight of a single vehicle. See Hawaii Revised Statutes 286-201
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous material: means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. See Hawaii Revised Statutes 286-221
  • Hazardous materials incident: means an occurrence or likely occurrence or potential of a spill, release, leakage, dumping, or loss of control of a hazardous material during the course of transportation in commerce including loading, unloading, or temporary storage. See Hawaii Revised Statutes 286-221
  • Hazardous waste: means any material designated in Title 40 of the Code of Federal Regulations, Part 261 and which are subject to the hazardous waste manifest requirements of Title 40 of the Code of Federal Regulations, Part 262. See Hawaii Revised Statutes 286-221
  • Health care expenditures: means claims incurred. See Hawaii Revised Statutes 432:1-406
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Historic preservation: means the research, protection, restoration, rehabilitation, and interpretation of buildings, structures, objects, districts, areas, and sites, including underwater sites and burial sites, significant to the history, architecture, archaeology, or culture of this State, its communities, or the nation. See Hawaii Revised Statutes 6E-2
  • Historic property: means any building, structure, object, district, area, or site, including heiau and underwater site, which is over fifty years old. See Hawaii Revised Statutes 6E-2
  • Hoisting machine: means a machine with a hoist line, sling, or hydraulic lifting mechanism used in construction, demolition, or excavation work. See Hawaii Revised Statutes 396-3
  • Human skeletal remains: means the body or any part of the body of a deceased human being. See Hawaii Revised Statutes 6E-2
  • Imminent hazard: means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury, or endangerment. See Hawaii Revised Statutes 286-231
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Industry: means a trade, business, industry, or branch thereof, or group of industries in which individuals are employed. See Hawaii Revised Statutes 387-1
  • Infectious substance: means a viable microorganism, or its toxin, which causes or may cause disease in humans and animals, or which is further described as an infectious substance in Title 49 of the Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 286-221
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Hawaii Revised Statutes 490:2A-103
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Labor dispute: includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. See Hawaii Revised Statutes 377-1
  • labor dispute: includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Hawaii Revised Statutes 380-13
  • Labor organization: means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment. See Hawaii Revised Statutes 381-1
  • Labor organization: means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment. See Hawaii Revised Statutes 382-1
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Hawaii Revised Statutes 490:2A-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Hawaii Revised Statutes 490:2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Hawaii Revised Statutes 490:2A-103
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 490:2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan program: means the activities and policies undertaken by the office to provide assistance to any department of the State or to any county or board, agency, or instrumentality thereof, or to private individuals or organizations, by making loans or causing loans to be made available to them or by buying, refinancing, or guaranteeing loans made to or other obligations incurred by them for the betterment of native Hawaiians. See Hawaii Revised Statutes 10-21
  • Lockout: means the refusal of a public utility to furnish work to employees as a result of a labor dispute. See Hawaii Revised Statutes 381-1
  • Lockout: means the refusal of an employer to furnish work to employees as the result of a labor dispute between the employer and its employees. See Hawaii Revised Statutes 382-1
  • Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Hawaii Revised Statutes 490:2A-103
  • Medical waste: means for transportation purposes, shipments of medical waste material generated in the diagnosis, treatment, or immunization of human beings and animals, in research pertaining thereto, in the production or testing of biologicals, or which are further described as regulated medical waste in Title 49 of the Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 286-221
  • Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Hawaii Revised Statutes 490:2A-103
  • Mitigation plan: means a plan, approved by the department, for the care and disposition of historic properties, aviation artifacts, and burial sites or the contents thereof, that includes monitoring, protection, restoration, and interpretation plans. See Hawaii Revised Statutes 6E-2
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor carrier: as used in this part means any person who owns a motor vehicle used in, or engages in the transportation of persons or property by motor vehicle on the public highways in the furtherance of any commercial, industrial, or educational enterprise. See Hawaii Revised Statutes 286-201
  • Motor carrier vehicle: means any motor vehicle or vehicle, including integrally mounted equipment and specially constructed motorized equipment, used by a motor carrier to transport passengers or property on the public highways. See Hawaii Revised Statutes 286-201
  • Net worth: means the excess of total admitted assets over total liabilities, but the liabilities shall not include fully subordinated debt. See Hawaii Revised Statutes 432:1-406
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Noncommercial motor vehicle: means a motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle (CMV)" under § 286-2. See Hawaii Revised Statutes 286-231
  • Normal benefits: means the unemployment compensation benefits payable pursuant to chapter 383. See Hawaii Revised Statutes 385-2
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational safety and health standard: means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment. See Hawaii Revised Statutes 396-3
  • Operating expenses: means claims adjustment, administrative, soliciting, and reinsurance allowances. See Hawaii Revised Statutes 432:1-406
  • Out-of-service order: means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to Section 386. See Hawaii Revised Statutes 286-231
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner-employee: means a person who has performed services for an employing unit as defined in § 383-1, and who is or has been a shareholder owning twenty-five per cent or more of the corporation's common stock, and director or officer, or both, of a corporation which is or was the employing unit or who exercises a substantial degree of control over the direction of corporate activities. See Hawaii Revised Statutes 385-2
  • Partial closing: means the permanent shutting down of a portion of operations within a covered establishment due to the sale, transfer, merger, and other business takeover or transaction of business interests and results in or may result in the termination of a portion of the employees of a covered establishment by the employer. See Hawaii Revised Statutes 394B-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural or legal person. See Hawaii Revised Statutes 373L-1
  • Person: includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, or receivers. See Hawaii Revised Statutes 377-1
  • Person: includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, or receivers. See Hawaii Revised Statutes 382-1
  • Person: means one or more individuals, partnerships, associations, corporations, business trust, legal representatives, or any organized group of persons. See Hawaii Revised Statutes 394B-2
  • Person: means any individual, firm, corporation, partnership, or association. See Hawaii Revised Statutes 6E-2
  • Person: means an individual, group, partnership, firm, association, corporation, trust, governmental agency, governmental official, administrative body, or tribunal or any form of business or legal entity. See Hawaii Revised Statutes 46-122
  • Person employed in an executive or supervisory capacity: means any employee who has the authority to hire or fire other employees or whose suggestions and recommendations as to hiring or firing and as to the advancement, promotion, or demotion of other employees will be given particular weight; but shall not mean registered nurses whose compensation is determined on an hourly basis or who are subject to supervision by any person other than the person in charge of all registered nurses at the employer's premises. See Hawaii Revised Statutes 377-1
  • Personal property: All property that is not real property.
  • Place of employment: means any place, and the premises appurtenant thereto, where employment is carried on. See Hawaii Revised Statutes 396-3
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Premises: shall include but not be limited to a lodging or tenement house, group residence, group living arrangement, hotel, boardinghouse, or restaurant as further defined in § 445-90, or any other like facility serving unsupervised or unrelated individuals. See Hawaii Revised Statutes 46-15.6
  • present sale: means a sale which is accomplished by the making of the contract. See Hawaii Revised Statutes 490:2-106
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Hawaii Revised Statutes 490:2A-103
  • Principal: means a person who has entered into a development agreement pursuant to the procedures specified in this chapter, including a successor in interest. See Hawaii Revised Statutes 46-122
  • Principal agent: means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. See Hawaii Revised Statutes 373-1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Professional employer agreement: means a written contract by and between a client company and a professional employer organization that:

         (1)  Provides for covered employees to the client company;

         (2)  Describes the duties and responsibilities of the client company and the professional employer organization with respect to the covered employees; and

         (3)  Includes a declaration by the professional employer organization of the professional employer organization's responsibilities under § 373L-6. See Hawaii Revised Statutes 373L-1

  • Professional employer organization: means any person that is a party to a professional employer agreement with a client company and whose covered employees perform services on a long-term, rather than temporary or project-specific basis. See Hawaii Revised Statutes 373L-1
  • Programmatic agreement: means a document that sets forth the terms of a formal, legally binding agreement and establishes a process for consultation, review, and compliance with federal laws. See Hawaii Revised Statutes 6E-2
  • project: means :

         (1)  The lawful acquisition of any property, real, personal, or mixed, tangible or intangible, or any interests therein, pursuant to § 10-4(2);

         (2)  Any capital improvement projects on lands held by the office pursuant to § 10-4(2) or in the public land trust, including but not limited to the construction of buildings and other improvements; infrastructure development, and other enterprises which are acquired, constructed, reconstructed, rehabilitated, improved, altered, or repaired by or on behalf of the office;

         (3)  Pilot projects, demonstrations, or both, where those projects or demonstrations fulfill criteria established by the board, pursuant to § 10-5(7); and

         (4)  Any other projects determined by rules adopted by the board pursuant to chapter 91 or otherwise authorized by the board in accordance with applicable law to be for the betterment of native Hawaiians and are consistent with the purposes of this chapter. See Hawaii Revised Statutes 10-21

  • Project: means any activity directly undertaken by the State or its political subdivisions or supported in whole or in part through appropriations, contracts, grants, loans, or other forms of funding assistance from the State or its political subdivisions or involving any lease, permit, license, certificate, land use change, or other entitlement for use issued by the State or its political subdivisions. See Hawaii Revised Statutes 6E-2
  • Project costs: means expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the agency that are listed in a tax increment financing plan as costs of public works or public improvements in a tax increment district, plus other costs incidental to the expenditures or obligations. See Hawaii Revised Statutes 46-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public nuisances: shall include but not be limited to the placement of structures, stalls, stands, furniture, and containers on streets, sidewalks, and public places where the placement of structures, stalls, stands, furniture, and containers are inconsistent with or frustrate the purpose, function, or activity for which the street, sidewalk, or public place was intended. See Hawaii Revised Statutes 46-15.6
  • Public schools: means all academic and noncollege type schools established and maintained by the department and charter schools governed by chapter 302D. See Hawaii Revised Statutes 302A-101
  • Public utility: has the meaning given that term in § 269-1, excluding, however, the State or any county or any commission or board of the State or of any county, and any person subject to the Federal Railway Labor Act, as amended from time to time. See Hawaii Revised Statutes 381-1
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Hawaii Revised Statutes 490:2A-103
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Redevelopment plan: means a plan as defined in § 53-1. See Hawaii Revised Statutes 46-102
  • Related services: means and includes all services, other than stevedoring services, ordinarily or necessarily performed in regard to cargo, goods, wares, and merchandise of every kind arriving at a terminal facility for shipment by or discharge from vessels and other craft; and "related facilities" means and includes all facilities in connection therewith. See Hawaii Revised Statutes 382-1
  • Relocation: means the removal of all or substantially all of the industrial, commercial, or business operations in a covered establishment to a location outside the State of Hawaii. See Hawaii Revised Statutes 394B-2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: includes any person chosen by an employee to represent the employee. See Hawaii Revised Statutes 377-1
  • Representative: means any person or persons, labor organization, organization, or corporation designated either by a public utility or by employees to act for it or them. See Hawaii Revised Statutes 381-1
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reserves: means reserves required or permitted in the covenants in the resolution or resolutions of the board authorizing the obtaining of loans or issuance of revenue bonds under this part. See Hawaii Revised Statutes 10-21
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenue bonds: means revenue bonds, interim certificates, notes, debentures, or other evidence of indebtedness of the board authorized by or issued under this part. See Hawaii Revised Statutes 10-21
  • School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events, but does not include a bus, as defined under § 286-2, used as a common carrier as defined under § 271-4. See Hawaii Revised Statutes 286-231
  • Seasonal pursuit: means one in which it is customary in each year for the volume of employment in such pursuit to be substantially increased during a regularly recurring period or periods of seasonal activity, and in the remainder of the year, owing to climate or other natural conditions, for the volume of employment to be substantially decreased. See Hawaii Revised Statutes 387-1
  • Secondary boycott: includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:

         (1)  Withholding patronage, labor, or other beneficial business intercourse;

         (2)  Picketing;

         (3)  Refusing to handle, install, use, or work on particular materials, equipment, or supplies; or

         (4)  Using any other unlawful means,

    in order to bring one against one's will into a concerted plan to coerce or inflict damage upon another. See Hawaii Revised Statutes 377-1

  • Seller: means a person who sells or contracts to sell goods. See Hawaii Revised Statutes 490:2-103
  • Serious traffic violation: means conviction of any of the following offenses when operating a commercial motor vehicle, except for weight, defect, and parking violations:

         (1)  Excessive speeding involving any single offense for any speed of fifteen miles per hour or more above the posted speed limit;

         (2)  Reckless driving or driving a commercial motor vehicle in disregard of the safety of persons or property, including but not limited to offenses of driving a commercial motor vehicle in wilful or wanton disregard for the safety of persons or property;

         (3)  Improper or erratic traffic lane changes;

         (4)  Following a vehicle ahead too closely;

         (5)  A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal traffic accident;

         (6)  Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver's license;

         (7)  Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver's license in the driver's possession; provided that this paragraph shall not apply to a citation issued under, or an offense disposed of pursuant to § 286-116(a) or a substantially similar provision of law in another state;

         (8)  Driving a commercial motor vehicle without the proper class or endorsements of commercial driver's license or commercial learner's permit for the specific vehicle group being operated or for the passengers or type of cargo being transported;

         (9)  Texting while driving in violation of a state or county law or ordinance; or

        (10)  Using a mobile electronic device in violation of a state or a county law or ordinance. See Hawaii Revised Statutes 286-231

  • Serious violation: means a violation that carries with it a substantial probability that death or serious physical harm could result from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use, in a place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, have known of the presence of the violation. See Hawaii Revised Statutes 396-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Society: means mutual benefit society. See Hawaii Revised Statutes 432:1-406
  • Sponsor: means any person, employer, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered and approved. See Hawaii Revised Statutes 372-2
  • State historic preservation officer: means that officer appointed by the governor as provided in § 6E-5. See Hawaii Revised Statutes 6E-2
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stevedoring industry: means the business of furnishing services for the loading and unloading of cargo transported or to be transported on vessels and other craft, at any ports within the State, and also means the business of furnishing related services, as herein defined. See Hawaii Revised Statutes 382-1
  • Stevedoring services: means services for the loading and unloading of cargo transported or to be transported on vessels and other craft and the handling of lines of vessels and other craft, at any ports within the State. See Hawaii Revised Statutes 382-1
  • Strike: means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of two or more employees as a result of a labor dispute. See Hawaii Revised Statutes 381-1
  • Strike: means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of employees. See Hawaii Revised Statutes 382-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the superintendent of education. See Hawaii Revised Statutes 302A-101
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Hawaii Revised Statutes 490:2A-103
  • Tank vehicle: means any commercial vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. See Hawaii Revised Statutes 286-231
  • Tax increment: means the amount of real property taxes levied for one year on the assessment increment. See Hawaii Revised Statutes 46-102
  • Tax increment financing plan: means the plan for tax increment financing for a tax increment district submitted to the county council. See Hawaii Revised Statutes 46-102
  • Tax increment fund: means a fund which shall be held by the director of finance or other fiduciary designated by the county council and into which all tax increments and other moneys pledged by the county for payment of tax increment bonds are paid, and all proceeds from the sale of tax increment bonds are deposited, and from which moneys are disbursed to pay project costs for the tax increment district or to satisfy claims of holders of tax increment bonds issued for the district. See Hawaii Revised Statutes 46-102
  • Temporary help services: means an arrangement by which a person recruits and hires the person's own employees and:

         (1)  Finds other organizations that need the services of those employees;

         (2)  Assigns those employees to perform work or services for other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, including employee absences, skill shortages, seasonal workloads, or special assignments or projects; and

         (3)  Customarily attempts to reassign the employees to successive placements with other organizations at the end of each assignment. See Hawaii Revised Statutes 373L-1

  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Terminal facility: means any dock, wharf, pier, quay, bulkhead, or landing, with the appurtenances thereto, and any warehouse used in connection therewith. See Hawaii Revised Statutes 382-1
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Texting: means manually entering alphanumeric text into, or reading text from, an electronic device, and includes short message service; e-mailing; instant messaging; a command or request to access a world wide web page; pressing more than a single button to initiate or terminate a voice communication using a mobile telephone; and engaging in any other form of electronic text retrieval or entry, for present or future communication. See Hawaii Revised Statutes 286-231
  • Theatrical employment: means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio or theatrical performer. See Hawaii Revised Statutes 390-1
  • Tipped employee: means any employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips. See Hawaii Revised Statutes 387-1
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uncovered expenditures: means the costs to the mutual benefit society for health care services that are the obligation of the mutual benefit society, for which a member may be liable in the event of the mutual benefit society's insolvency, and for which no alternative arrangements have been made that are acceptable to the commissioner. See Hawaii Revised Statutes 432:1-406
  • Unfair labor practice: means any unfair labor practice as defined in §§ 377-6 to 377-8. See Hawaii Revised Statutes 377-1
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Vandalism: includes , but is not limited to, mischievous or malicious destruction of property, such as breakage of windows, lockers, and doors. See Hawaii Revised Statutes 302A-101
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Wage: means (except as the department may provide under § 387-11) legal tender of the United States or checks on banks convertible into cash on demand at full face value thereof and in addition thereto the reasonable cost as determined by the department, to the employer of furnishing an employee with board, lodging, or other facilities if such board, lodging, or other facilities are customarily furnished by such employer to the employer's employees. See Hawaii Revised Statutes 387-1
  • Wages: means all remuneration for services from whatever source, including commissions and bonuses, remuneration from self-employment, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 385-2
  • Week: means any period of seven consecutive days as the director may by rule prescribe. See Hawaii Revised Statutes 385-2
  • Wilful violation: means a voluntary act or omission by the employer, as distinguished from an accidental act or omission, that is done with intentional disregard of, or plain indifference to, any standard, rule, citation, or order issued under the authority of this chapter. See Hawaii Revised Statutes 396-3
  • workweek: means a fixed and regularly recurring period of seven consecutive days. See Hawaii Revised Statutes 387-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.