397-1 Short title
397-2 Findings and purpose
397-3 Definitions
397-4 Powers and duties
397-5 Fees
397-6 Safety inspection by qualified inspectors
397-7 Complaints to the department
397-8 Violations and penalties
397-9 Review and appeal
397-10 Judicial review
397-11 Trade secrets
397-12 Evidence
397-13 Boiler and elevator special fund; establishment; purposes

Terms Used In Hawaii Revised Statutes > Chapter 397

  • Appeals board: means the department of labor and industrial relations appeals board. See Hawaii Revised Statutes 490:3-506.5
  • boiler: includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and complete within themselves. See Hawaii Revised Statutes 490:3-506.5
  • Contractor: means any person, firm or corporation installing, repairing or servicing and responsible for the safe operation of any boiler, pressure system, amusement ride, and elevator and kindred equipment or structure inspected pursuant to this chapter. See Hawaii Revised Statutes 490:3-506.5
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 54-17
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 490:3-506.5
  • Director: means the director of transportation. See Hawaii Revised Statutes 490:3-407
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 490:3-506.5
  • 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 490:4-102

  • 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 490:3-506.5
  • Elevators and kindred equipment: as used in this chapter means elevators, escalators, dumbwaiters, moving walks, stage lifts, mechanized parking elevators, manlifts, inclined lifts, personnel hoists, aerial tramways, permanently installed material lifts, personal automatic trains and any other similar mechanized equipment used to convey people in places other than a public right-of-way. See Hawaii Revised Statutes 490:3-506.5
  • 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 490:4-102
  • 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 490:3-506.5
  • 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 490:3-506.5
  • 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, Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 490:3-506.5
  • 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, Code of Federal Regulations, Part 173. See Hawaii Revised Statutes 490:3-506.5
  • National Board: means the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229. See Hawaii Revised Statutes 490:3-506.5
  • 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 490:4-102
  • Owner: means any person, firm or corporation with legal title to any boiler, pressure system, amusement ride, and elevator and kindred equipment inspected pursuant to this chapter who may or may not be the user. See Hawaii Revised Statutes 490:3-506.5
  • Pressure systems: means both pressure vessels and pressure piping as defined in this section. See Hawaii Revised Statutes 490:3-506.5
  • Pressure vessel: means a closed vessel in which pressure is obtained from an external source or by the direct application of heat from a direct or indirect source. See Hawaii Revised Statutes 490:3-506.5
  • 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 section 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 490:4-102

  • User: means any person, firm or corporation legally in possession and responsible for the safe operation of any boiler, pressure system, amusement ride, and elevator and kindred equipment inspected pursuant to this chapter. See Hawaii Revised Statutes 490:3-506.5
  • Vendor: means any person, firm or corporation that sells or distributes any boiler, pressure system, amusement ride, and elevator and kindred equipment required to be inspected pursuant to this chapter. See Hawaii Revised Statutes 490:3-506.5