Sections
Part I General Provisions 291C-1 – 291C-5
Part II Accidents and Accident Reports 291C-11 – 291C-20
Part III Obedience to and Effect of Traffic Laws 291C-21 – 291C-27
Part IV Traffic Signs, Signals and Markings 291C-31 – 291C-38
Part V Driving on Right Side of Roadway; Overtaking and Passing; Use of Roadway 291C-41 – 291C-53
Part VI Right-of-Way 291C-61 – 291C-65
Part VII Pedestrians’ Rights and Duties 291C-71 – 291C-79
Part VIII Turning and Starting and Signals on Stopping and Turning 291C-81 – 291C-86
Part IX Special Stops Required 291C-91 – 291C-95
Part X Speed Restrictions 291C-101 – 291C-105
Part XI Stopping, Standing and Parking 291C-111 – 291C-115
Part XII Miscellaneous Rules 291C-121 – 291C-137
Part XIII Operation of Bicycles and Play Vehicles 291C-141 – 291C-150
Part XIV Special Rules for Motorcycles 291C-151 – 291C-155
Part XV Penalties and Procedure on Arrest; Respective Powers of State and Counties 291C-161 – 291C-174
Part XVI Special Rules for Mopeds 291C-191 – 291C-207
Part XVII High Occupancy Vehicle Lanes 291C-221 – 291C-227

Terms Used In Hawaii Revised Statutes > Chapter 291C

  • Accounting period: means a calendar year unless another twelve-month period is selected by a fiduciary. See Hawaii Revised Statutes 557A-102
  • Act: means the Hawaiian Homes Commission Act of 1920, as amended. See Hawaii Revised Statutes 674-2
  • Advanced practice registered nurse: means a person licensed pursuant to chapter 457. See Hawaii Revised Statutes 557A-414
  • Alcohol dependence: means any use of alcohol which produces a pattern of pathological use causing impairment in social or occupational functioning or produces physiological dependency evidenced by physical tolerance or withdrawal. See Hawaii Revised Statutes 557A-414
  • Alcohol or drug dependence outpatient services: means alcohol or drug dependence nonresidential treatment provided on an ambulatory basis to patients with alcohol or drug dependence problems that includes interventions prescribed and performed by qualified physicians, psychologists, licensed clinical social workers, licensed marriage and family therapists, licensed mental health [counselors], or advanced practice registered nurses. See Hawaii Revised Statutes 557A-414
  • Alley: means a street or highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic. See Hawaii Revised Statutes 490:7-701
  • Association: means a nonprofit, incorporated, or unincorporated organization:

         (1)  Upon which responsibilities are imposed and to which authority is granted in a declaration that governs a planned community;

         (2)  That is a planned community association as defined under section 607-14; or

         (3)  That is a homeowners' association, in which:

              (A)  The voting membership is made up of ten or more parcel owners or their proxies, or a combination thereof; and

              (B)  Assessments may be imposed that, if unpaid, may become a lien on the parcel. See Hawaii Revised Statutes 490:8-114

  • Association documents: means the articles of incorporation or other document creating the association, if any, the bylaws of the association, the declaration or similar organizational documents and any exhibits thereto, any rules related to use of common areas, architectural control, maintenance of units, restrictions on the use of units, or payment of money as a regular assessment or otherwise in connection with the provisions, maintenance, or services for the benefit of some or all of the units, the owners, or occupants of the units or the common areas, as well as any amendments made to the foregoing documents. See Hawaii Revised Statutes 490:8-114
  • Authorized emergency vehicle: includes fire department vehicles, police vehicles, ambulances, ocean safety vehicles, public safety law enforcement vehicles, conservation and resources enforcement vehicles, and department of transportation division of harbors law enforcement vehicles authorized and approved pursuant to section 291-31. See Hawaii Revised Statutes 490:7-701
  • beneficiary: means a person who is a member, subscriber, enrollee, or dependent of a member, subscriber, or enrollee of or otherwise covered under a prescription drug benefit plan. See Hawaii Revised Statutes 576B-614
  • Beneficiary: includes , in the case of a decedent's estate, an heir and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. See Hawaii Revised Statutes 557A-102
  • Bicycle: means every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle. See Hawaii Revised Statutes 490:7-701
  • Bicycle lane: means that portion of any highway which has been set aside for the preferential or exclusive use of bicycles. See Hawaii Revised Statutes 490:7-701
  • Bicycle path: means any facility set aside for the preferential or exclusive use of bicycles and physically separated from a highway. See Hawaii Revised Statutes 490:7-701
  • Bikeway: means a bicycle lane, bicycle path, or bicycle route, or any traffic control device, shelter, parking facility, or other support facility to serve bicycles and persons using bicycles. See Hawaii Revised Statutes 490:7-701
  • board: means the executive board or other body, regardless of name, designated in the association documents to act on behalf of the association. See Hawaii Revised Statutes 490:8-114
  • board: means the governing body of the risk retention group elected by the shareholders or members to establish policy, elect or appoint officers and committees, and make other governing decisions. See Hawaii Revised Statutes 490:9-701
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Hawaii Revised Statutes 490:7-701
  • Bus: means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a school bus or a taxicab, designed and used for the transportation of persons for compensation. See Hawaii Revised Statutes 490:7-701
  • Business: means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. See Hawaii Revised Statutes 304A-117
  • Business district: means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. See Hawaii Revised Statutes 490:7-701
  • Certified substance abuse counselor: means a person who is certified pursuant to section 321-193. See Hawaii Revised Statutes 557A-414
  • Commission: means the Hawaiian homes commission. See Hawaii Revised Statutes 674-2
  • Commissioner: means the insurance commissioner of this State. See Hawaii Revised Statutes 490:9-701
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 291C-151
  • Commissioner: means the insurance commissioner of the State. See Hawaii Revised Statutes 291C-223
  • Commissioner: means the insurance commissioner. See Hawaii Revised Statutes 291C-225
  • Construction: means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. See Hawaii Revised Statutes 304A-117
  • Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of goods or services, or for construction. See Hawaii Revised Statutes 304A-117
  • Controlled-access highway: means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. See Hawaii Revised Statutes 490:7-701
  • Conversion: means the transfer or sale of a significant amount of a nonprofit entity's assets to a for-profit entity or through any other means as determined by the commissioner. See Hawaii Revised Statutes 291C-151
  • corporation: means a cooperative housing corporation that:

         (1)  Has one and only one class of stock outstanding;

         (2)  Allows each tenant shareholder to occupy a dwelling unit for dwelling purposes solely by reason of the tenant shareholder's ownership of stock in the corporation;

         (3)  Does not allow a shareholder to receive, either conditionally or unconditionally, any distributions from the corporation except when there is a complete or partial liquidation of the corporation; provided that this paragraph does not apply to earnings and profits of the corporation; and

         (4)  Has eighty per cent or more of the gross income for the taxable year in which taxes are paid or incurred pursuant to 26 United States Code section 216(A) derived from tenant shareholders. See Hawaii Revised Statutes 490:7-701

  • Crosswalk: means :

         (1)  That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or

         (2)  Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Hawaii Revised Statutes 490:7-701

  • Data: means recorded information, regardless of form or characteristic. See Hawaii Revised Statutes 304A-117
  • Declaration: means any recorded association document, however denominated, that imposes obligations on the owners of the units with respect to maintenance or operational responsibilities for the common area, architectural control, maintenance of units, or restrictions on the use of units. See Hawaii Revised Statutes 490:8-114
  • Dental insurer: means any person who undertakes to provide or to arrange for or administer one or more dental insurance plans and who has met the requirements of chapter 423. See Hawaii Revised Statutes 291C-225
  • Dental service corporation: means a corporation established pursuant to section 423-1. See Hawaii Revised Statutes 291C-225
  • Detoxification services: means the process whereby a person intoxicated by alcohol, drugs, or both, or a person who is dependent upon alcohol, drugs, or both, is assisted through the period of time necessary to eliminate, by metabolic or other means, the intoxicating alcohol or drug dependency factors, as determined by a physician or advanced practice registered nurse, while keeping the physiological risk to the person at a minimum. See Hawaii Revised Statutes 557A-414
  • Director: means a natural person designated in the articles of the risk retention group or designated, elected, or appointed by any other manner, name, or title to act as a director. See Hawaii Revised Statutes 490:9-701
  • Driver: means every person who drives or is in actual physical control of a vehicle. See Hawaii Revised Statutes 490:7-701
  • Drug dependence: means any pattern of pathological use of drugs causing impairment in social or occupational functioning and producing psychological or physiological dependency or both, evidenced by physical tolerance or withdrawal. See Hawaii Revised Statutes 557A-414
  • Electric personal assistive mobility device: means a self-balancing, two-wheeled, non-tandem-wheeled device, designed to transport only one person, using an electric propulsion system that limits the maximum speed of the device to twelve and a half miles per hour or less. See Hawaii Revised Statutes 490:7-701
  • Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing services for any governmental body. See Hawaii Revised Statutes 304A-117
  • Enrollee: means an individual who is covered by a dental insurer. See Hawaii Revised Statutes 291C-225
  • Evidence of coverage: means a statement of the essential features and services of the dental insurer coverage that is given to the subscriber by the dental insurer or by the group contract holder. See Hawaii Revised Statutes 291C-225
  • feasibility study: means an analysis which presents the expected activities and results of a risk retention group including, not less than the following:

         (1)  The coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer;

         (2)  Historical and expected loss experience of the proposed members and national experience of similar exposures to the extent that this experience is reasonably available;

         (3)  Pro forma financial statements and projections;

         (4)  Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premiums or participation levels required to commence operations and to prevent a hazardous financial condition;

         (5)  Identification of management, underwriting procedures, managerial oversight methods, investment policies;

         (6)  Identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each state; and

         (7)  Other matters as may be prescribed by the commissioner for liability insurance companies authorized by the insurance laws of the state in which the risk retention group is chartered. See Hawaii Revised Statutes 490:9-701

  • Financially impaired: means that a risk retention group:

         (1)  Has admitted assets that are less than the sum of its aggregate liabilities and the amount of surplus to policyholders required to be maintained by a risk retention group chartered in this State and authorized to do the same kind or kinds of insurance; or

         (2)  Has admitted assets that are less than the sum of its aggregate liabilities and outstanding capital stock; or

         (3)  Is insolvent. See Hawaii Revised Statutes 490:9-701

  • For-profit entity: means a corporation organized under chapter 414, including a stock insurance company. See Hawaii Revised Statutes 291C-151
  • Gap group individuals: means medically uninsured persons who are residents of the State. See Hawaii Revised Statutes 576B-607
  • Goods: means all property, including but not limited to equipment, equipment leases, materials, supplies, printing, insurance, and processes, including computer systems and software, excluding land or a permanent interest in land, leases of real property, and office rentals. See Hawaii Revised Statutes 304A-117
  • Governmental body: means any department, commission, council, board, bureau, authority, committee, institution, legislative body, agency, government corporation, or other establishment or office of the executive, legislative, or judicial branch of the State, including the office of Hawaiian affairs, and the several counties of the State. See Hawaii Revised Statutes 304A-117
  • Grant: means the furnishing of assistance, whether financial or otherwise, to any person to support a program authorized by law. See Hawaii Revised Statutes 304A-117
  • Grievance: means a written complaint submitted in accordance with the dental insurer's formal grievance procedure by or on behalf of an enrollee regarding any aspect of the dental insurer relative to the enrollee. See Hawaii Revised Statutes 291C-225
  • Group contract: means a contract for dental care services which by its terms limits eligibility to members of a specified group. See Hawaii Revised Statutes 291C-225
  • Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:

         (1)  Meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or

         (2)  Pay other obligations in the normal course of business. See Hawaii Revised Statutes 490:9-701

  • Health care coverage: means contractually arranged medical, personal, or other services, including preventive services, education, case management, and outreach, provided to an eligible member. See Hawaii Revised Statutes 576B-607
  • High occupancy vehicle: means a vehicle carrying at least the minimum number of persons designated by the director of transportation as indicated on official signs and other official traffic-control devices, and other vehicles as provided by rules adopted in accordance with chapter 91 or by county ordinance. See Hawaii Revised Statutes 291C-221
  • High occupancy vehicle lane: means a designated lane of a laned roadway where the use of the designated lane is restricted to school buses, vehicles carrying at least the minimum number of persons designated by the director of transportation on official signs and other official traffic-control devices, and to other vehicles as provided by rules adopted in accordance with chapter 91, or by county ordinance. See Hawaii Revised Statutes 291C-221
  • Highway: means the entire width between the boundary lines of every way publicly maintained and those private streets, as defined in section 46-16, over which the application of this chapter has been extended by ordinance, when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 490:7-701
  • Hospital: means a facility licensed as a hospital by the department of health and accredited by the Joint Commission on Accreditation of Health Care Organizations. See Hawaii Revised Statutes 557A-414
  • House trailer: means :

         (1)  A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or

         (2)  A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in paragraph (1), but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Hawaii Revised Statutes 490:7-701

  • In-hospital services: means the provision of medical, nursing, or therapeutic services twenty-four hours a day in a hospital. See Hawaii Revised Statutes 557A-414
  • Income: means money or property a fiduciary receives as the current return from a principal asset. See Hawaii Revised Statutes 557A-102
  • Income beneficiary: means a person to whom a trust's net income is or may be payable. See Hawaii Revised Statutes 557A-102
  • Income interest: means an income beneficiary's right to receive all or part of the net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See Hawaii Revised Statutes 557A-102
  • insolvency: means that the dental insurer has been declared insolvent and placed under an order of supervision, rehabilitation, or liquidation by the commissioner or a court of competent jurisdiction. See Hawaii Revised Statutes 291C-225
  • Insurance: means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under the laws of this State. See Hawaii Revised Statutes 490:9-701
  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. See Hawaii Revised Statutes 490:7-701
  • Laned roadway: means roadway which is divided into two or more clearly marked lanes for vehicular traffic. See Hawaii Revised Statutes 490:7-701
  • Liability: means legal liability for damages, including costs of defense, legal costs and fees, and other claims expenses because of injuries to other persons, damage to their property, or other damage or loss to those other persons resulting from or arising out of:

         (1)  Any business, whether for profit or nonprofit, trade, product, services, including professional services, premises, or operations; or

         (2)  Any activity of any state or county government, or any agency or political subdivision;

    but does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act, 45 U. See Hawaii Revised Statutes 490:9-701

  • Licensed clinical social worker: means a person who is a licensed clinical social worker pursuant to chapter 467E. See Hawaii Revised Statutes 557A-414
  • Licensed dietitian: means a person who uses the title of licensed dietitian or dietitian and has been licensed to practice dietetics under chapter 448B. See Hawaii Revised Statutes 557A-414
  • Licensed marriage and family therapist: means a person licensed in marriage and family therapy practice pursuant to chapter 451J. See Hawaii Revised Statutes 557A-414
  • Licensed mental health counselor: means a person:

         (1)  Who engages in the practice of [mental] health counseling and uses the title of licensed mental health counselor;

         (2)  Who is licensed in mental health counseling practice pursuant to chapter 453D; and

         (3)  Whose license is in effect and not revoked or suspended. See Hawaii Revised Statutes 557A-414

  • Managed care plan: means any plan that meets the definition of managed care plan under section 432E-1. See Hawaii Revised Statutes 291C-223
  • Mandatory income interest: means an income beneficiary's right to receive net income that the terms of the trust require the fiduciary to distribute. See Hawaii Revised Statutes 557A-102
  • Member: means the person or persons owning a unit or having the right of occupancy of a unit under a recorded lease having a term of twenty or more years from its commencement date; or anyone included in the definition of a member under the association documents, including the developer, whether or not the developer owns a unit. See Hawaii Revised Statutes 490:8-114
  • Member: means a person who, under the rules or practices of a nonprofit association, may participate in the selection of persons authorized to manage the affairs of the nonprofit association or in the development of policy of the nonprofit association. See Hawaii Revised Statutes 490:8-508
  • Mental health outpatient facility: means a mental health establishment, clinic, institution, center, or community mental health center, that provides for the diagnosis, treatment, care, or rehabilitation of mentally ill persons, that has been accredited by the Joint Commission on Accreditation of Healthcare Organizations or the Commission on Accreditation of Rehabilitation Facilities or certified by the department of health. See Hawaii Revised Statutes 557A-414
  • Mental health outpatient services: means mental health nonresidential treatment provided on an ambulatory basis to patients with mental illness that includes interventions prescribed and performed by a physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse. See Hawaii Revised Statutes 557A-414
  • Mental illness: means a syndrome of clinically significant psychological, biological, or behavioral abnormalities that results in personal distress or suffering, impairment of capacity for functioning, or both. See Hawaii Revised Statutes 557A-414
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 54-15
  • Moped: means a device upon which a person may ride which has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3. See Hawaii Revised Statutes 490:7-701
  • Motor vehicle: means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails but excludes a moped. See Hawaii Revised Statutes 490:7-701
  • Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excludes a farm tractor and a moped. See Hawaii Revised Statutes 490:7-701
  • Neighborhood electric vehicle: means a self-propelled electrically powered motor vehicle to which all of the following apply:

         (1)  The vehicle is emission free;

         (2)  The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less;

         (3)  The vehicle has four wheels in contact with the ground;

         (4)  The vehicle has a gross vehicle weight rating of less than three thousand pounds; and

         (5)  The vehicle conforms to the minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. See Hawaii Revised Statutes 490:7-701

  • Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period. See Hawaii Revised Statutes 557A-102
  • Nonhospital facility: means a facility for the care or treatment of alcohol dependent, drug dependent, or mentally ill persons, which has been accredited by the Joint Commission on Accreditation of Health Care Organizations or the Commission on Accreditation of Rehabilitation Facilities or certified by the department of health and, if residential, has been licensed as a special treatment facility by the department of health. See Hawaii Revised Statutes 557A-414
  • Nonprofit association: means an unincorporated organization, other than one created by a trust, consisting of two or more members joined by mutual consent for a common, nonprofit purpose. See Hawaii Revised Statutes 490:8-508
  • Nonprofit entity: means any charitable organization operating pursuant to Title 26 United States Code section 501(c)(3), (4), (8), (9), (26), or 501(e), and whose primary purpose is to provide accident and health or sickness insurance coverage or any type of accident and health or sickness insurance benefits to its members or the public. See Hawaii Revised Statutes 291C-151
  • Owner: means a person, other than a lien holder, having the property in or title to a vehicle. See Hawaii Revised Statutes 490:7-701
  • parking: means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. See Hawaii Revised Statutes 490:7-701
  • Partial hospitalization: means treatment services, including in-hospital treatment services or benefits, provided by a hospital or mental health outpatient facility to patients who, because of their conditions, require more than periodic hourly service. See Hawaii Revised Statutes 557A-414
  • Pedestrian: means any person afoot, in an invalid chair, or in a vehicle propelled by a person afoot. See Hawaii Revised Statutes 490:7-701
  • Person: means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof. See Hawaii Revised Statutes 490:8-114
  • Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 490:8-508
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. See Hawaii Revised Statutes 557A-102
  • Pharmacy benefit manager: means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State. See Hawaii Revised Statutes 576B-614
  • Physician: means a person licensed in the practice of medicine or osteopathy pursuant to chapter 453. See Hawaii Revised Statutes 557A-414
  • Planned community: means one of the following:

         (1)  Real property, other than a condominium or a cooperative housing corporation or a time share plan, that is subject to a planned community association as defined under section 607-14; or

         (2)  A common interest community, other than a condominium or a cooperative housing corporation or a time share plan, which includes all of the following characteristics:

              (A)  Real property subject to a recorded declaration placing restrictions and obligations on the owners of the real property that are enforced or enforceable by a separate entity, the association, established for that purpose whether or not mentioned in the declaration, and:

                   (i)  That owns and maintains certain property within the planned community for the common use or benefit, or both, of the owners of units within the planned community;

                  (ii)  That is obligated to maintain certain property it does not own within the planned community for the common use or benefit, or both, of the owners of units within the planned community; or

                 (iii)  That is obligated to provide services to any such owners or units;

              (B)  Individual owners own separate units that are part of a planned community at least some of which are improved by or are to be improved by residential dwellings;

              (C)  Owners have automatic and non-severable membership in an association by virtue of ownership of units within the planned community; and

              (D)  Owners, other than a master developer or declarant, are obligated by any association document to pay mandatory assessments by virtue of ownership of a unit within the planned community. See Hawaii Revised Statutes 490:8-114

  • Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Hawaii Revised Statutes 490:7-701
  • Policy board: means the procurement policy board created in section 103D-201. See Hawaii Revised Statutes 304A-117
  • Prescription drug benefit plan: means an accident and sickness insurance plan or health benefits plan that includes coverage for prescription drugs. See Hawaii Revised Statutes 576B-614
  • Prescription drug benefit plan provider: means a person who provides prescription drug coverage as part of an accident and health or sickness insurance contract or other type of health insurance or benefits plan that is offered by the person and is subject to regulation under article 10A of chapter 431, chapter 432, or chapter 432D. See Hawaii Revised Statutes 576B-614
  • Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Hawaii Revised Statutes 557A-102
  • Private road or driveway: means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Hawaii Revised Statutes 490:7-701
  • Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any good, service, or construction. See Hawaii Revised Statutes 304A-117
  • Procurement officer: means any person authorized to enter into and administer contracts and make written determinations with respect thereto. See Hawaii Revised Statutes 304A-117
  • Product liability: means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of the person when the incident giving rise to the claim occurred. See Hawaii Revised Statutes 490:9-701
  • Professional services: means those services within the scope of the practice of architecture, landscape architecture, professional engineering, land surveying, real property appraisal, law, medicine, accounting, dentistry, public finance bond underwriting, public finance bond investment banking, or any other practice defined as professional by the laws of this State or the professional and scientific occupation series contained in the United States Office of Personnel Management's Qualifications Standards Handbook. See Hawaii Revised Statutes 304A-117
  • Provider: means any person licensed to practice dentistry as defined in section 448-1. See Hawaii Revised Statutes 291C-225
  • Psychologist: means a person licensed in the practice of psychology pursuant to chapter 465. See Hawaii Revised Statutes 557A-414
  • Purchasing agency: means any governmental body which is authorized by this chapter or its implementing rules and procedures, or by way of delegation, to enter into contracts for the procurement of goods, services, or construction. See Hawaii Revised Statutes 304A-117
  • Purchasing group: means any group which:

         (1)  Has as one of its purposes the purchase of liability insurance on a group basis;

         (2)  Purchases this insurance only for its group members and only to cover their similar or related liability exposure, as described in [paragraph (3)];

         (3)  Is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and

         (4)  Is domiciled in any state. See Hawaii Revised Statutes 490:9-701

  • Qualified: means :

         (1)  Having skill in the diagnosis or treatment of substance use disorders, based on a practitioner's credentials, including but not limited to professional education, clinical training, licensure, board or other certification, clinical experience, letters of reference, other professional qualifications, and disciplinary action; or

         (2)  Being a licensed physician, psychologist, licensed clinical social worker, licensed marriage and family therapist, licensed mental health counselor, or advanced practice registered nurse, and certified pursuant to chapter 321. See Hawaii Revised Statutes 557A-414

  • Railroad: means a carrier of persons or property upon cars operated upon stationary rails. See Hawaii Revised Statutes 490:7-701
  • Railroad sign or signal: means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. See Hawaii Revised Statutes 490:7-701
  • Railroad train: means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. See Hawaii Revised Statutes 490:7-701
  • Recorded: means recorded or filed in the bureau of conveyances of the State or in the office of the assistant registrar of the land court of the State, as appropriate. See Hawaii Revised Statutes 490:8-114
  • Residence district: means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business. See Hawaii Revised Statutes 490:7-701
  • Retail community pharmacy: means a pharmacy, permitted by the board of pharmacy pursuant to section 461-14, that is open to the public, dispenses prescription drugs to the general public, and makes available face-to-face consultations between licensed pharmacists and the general public to whom prescription drugs are dispensed. See Hawaii Revised Statutes 576B-614
  • Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Hawaii Revised Statutes 490:7-701
  • Risk retention group: means any corporation or other limited liability association formed under the laws of any state, Bermuda, or the Cayman Islands:

         (1)  Whose primary activity consists of assuming and spreading all, or any portion, of the liability exposure of its group members;

         (2)  Which is organized for the primary purpose of conducting the activity described under paragraph (1);

         (3)  Which:

              (A)  Is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or

              (B)  Before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before this date, had certified to the insurance commissioner of at least one state that it satisfied the capitalization requirements of that state, except that any group shall be considered to be a risk retention group only if the group has been engaged in business continuously since this date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability, as defined in the Product Liability Risk Retention Act of 1981, 15 U. See Hawaii Revised Statutes 490:9-701

  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Hawaii Revised Statutes 490:7-701
  • Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Hawaii Revised Statutes 490:7-701
  • School bus: means every motor vehicle as defined in section 286-181 and any regulations promulgated pursuant thereto by the department of education. See Hawaii Revised Statutes 490:7-701
  • Serious bodily injury: means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Hawaii Revised Statutes 490:7-701
  • Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. See Hawaii Revised Statutes 304A-117
  • Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. See Hawaii Revised Statutes 490:7-701
  • standing: means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. See Hawaii Revised Statutes 490:7-701
  • State: means any state of the United States or the District of Columbia. See Hawaii Revised Statutes 490:9-701
  • Street: means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 490:7-701
  • Substance abuse services: means the provision of medical, psychological, nursing, counseling, or therapeutic services in response to a treatment plan for alcohol or drug dependence or both which shall include, when appropriate, a combination of aftercare and individual, group, and family counseling services provided by qualified staff. See Hawaii Revised Statutes 557A-414
  • Substantial bodily injury: means bodily injury which causes:  (1) a major avulsion, laceration, or penetration of the skin; (2) a chemical, electrical, friction, or scalding burn of second degree severity; (3) a bone fracture; (4) a serious concussion; or (5) a tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs. See Hawaii Revised Statutes 490:7-701
  • Through highway: means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic-control device, when such signs or devices are erected as provided by law. See Hawaii Revised Statutes 490:7-701
  • Toy bicycle: means every device propelled solely by human power upon which any person may ride, having two tandem wheels, including any device generally recognized as a bicycle though equipped with two front or two rear wheels, which has a seat height of not more than twenty-five inches from the ground when the seat is adjusted to its highest position; or a scooter or similar device regardless of seat height. See Hawaii Revised Statutes 490:7-701
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel. See Hawaii Revised Statutes 490:7-701
  • Traffic-control signal: means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Hawaii Revised Statutes 490:7-701
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See Hawaii Revised Statutes 557A-102
  • Unit: means a physical portion of the planned community designated for separate ownership or occupancy. See Hawaii Revised Statutes 490:8-114
  • university: refers to the University of Hawaii, unless otherwise required by the context. See Hawaii Revised Statutes 304A-101
  • Using agency: means any governmental body which utilizes any goods, services, or construction procured under this chapter. See Hawaii Revised Statutes 304A-117
  • Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks. See Hawaii Revised Statutes 490:7-701