Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the State of Hawaii, Department of Transportation, Harbors Division, will hold public hearings to consider the following proposed changes to Section 19-43-4, Hawaii Administrative Rules, to read as follows (material proposed to be repealed is bracketed and proposed new material is underscored):

Ҥ19-43-4 Operation of vehicles. (a) No motor vehicle shall be operated on a state pier or within a state commercial harbor facility in a careless or negligent manner or in disregard of the rights and safety of others, or without due caution or circumspection, or at a speed or in a manner which endangers or is likely to endanger persons or property, or while the operator thereof is under the influence of intoxicating liquor, narcotic or habit-forming drug, or if such vehicle is so constructed, equipped, loaded or in such other condition as to endanger or be likely to endanger other persons or the property of another.
(b) Except as otherwise provided in section 291-11.5 of the Hawaii Revised Statutes, [No] no person [shall operate or use] operating a motor vehicle [on a state pier or] within a state commercial harbor facility, shall transport a child under eight years of age unless the person [is] operating the motor vehicle ensures that the child is properly restrained [by a seat belt assembly.] in a child passenger restraint system approved by the United States Department of Transportation at the time of its manufacture. [While the motor vehicle is in use or operation, every passenger:
(1) Age four or over in the front seat of a motor vehicle shall be restrained by a seat belt
assembly;
(2) Age of three or more but less than four shall be restrained by an approved child passenger restraint system or seat belt assembly whether in the front seat or back seat;
(3) Under the age of three shall be restrained by an approved child passenger restraint system whether in the front seat or back seat.
(c) In addition to subsections (a) and (b) above, no person shall stand in the bed of any pickup truck while the pickup truck is in operation. For the purposes of this subsection, a “pickup truck” is defined as a truck with a cab on the front part of the vehicle covering the driver’s seat, a bed behind the cab designed primarily to transport property or cargo, with sides and a tailgate to retain the contents within the confines of the bed, and has a maximum gross vehicle weight rating of 10,000 pounds or less. No operator of any pickup truck shall operate the vehicle with a passenger(s) in the bed of the vehicle unless the passenger(s) is seated and the following conditions are met:
(1) There is no seating available in the cab of the vehicle;
(2) The sides of the bed are securely attached and the tailgate is securely closed;
(3) Every passenger in the bed of the pickup truck is seated in the bed and does not attempt to control unlashed cargo.
This subsection shall not apply to persons identified in §291-14(b), Hawaii Revised Statutes.]
(c) Except as otherwise provided by law, no person:
(1) Shall operate a motor vehicle within a state commercial harbor facility unless the person is restrained by a seat belt assembly and any passengers in the front or back seat of the motor restrained by a seat belt assembly if between the ages of eight and fourteen, or are restrained pursuant to section 291-11.5 of the Hawaii Revised Statutes if under the age of eight;
(2) If fifteen years of age or more, shall be a passenger in the front seat of a motor vehicle
being operated upon any commercial harbor facility unless such person is restrained by a seat belt assembly; or
(3) If between the ages of fifteen and seventeen, shall be a passenger in the back seat of a
motor vehicle being operated on any commercial harbor facility unless such person is
restrained by a seat belt assembly.
(d) In addition to subsections (a), (b), and (c) above, no operator of any pickup truck may
operate the vehicle with any passenger twelve years of age or under in the bed or load-carrying area of the vehicle, unless one of the following applies:
(1) An emergency exists that threatens the life of the passenger being transported in the bed of load-carrying area of the vehicle; or
(2) The vehicle is being operated in parades, caravans, or exhibitions which are officially
authorized or otherwise permitted by law.
As used in this subsection, “pickup truck” means a light truck that has a cab on the front part of the vehicle covering the driver’s seat and an open bed behind the cab designed primarily to transport property or cargo, with sides and a tailgate to retain the contents within the confines of the bed, and has a maximum gross vehicle weight rating (GVWR) of 11,000 pounds or less.
(e) All other provisions of sections 291-11.5, 291-11.6 and 291-14 of the Hawaii Revised
Statutes shall apply.”

The proposed changes are needed to update Section 19-43-4 to increase public safety at our harbors to reflect Hawaii’s current laws regarding seat belt/child safety seat use and ensure that Hawaii’s ability to secure federal funding for the Department of Transportation’s occupant protection programs are not jeopardized.

The public hearings will be held as follows:

DATE TIME PLACE

July 9, 2008 9:00 a.m. Harbors Division Conference Room
3rd Floor
79 S. Nimitz Highway
Honolulu, Oahu

July 9, 2008 9:00 a.m. Kauai District Office
Nawiliwili Harbor Conference Room
3242 Waapa Road
Lihue, Kauai

July 9, 2008 9:00 a.m. Maui District Office
Kahului Harbor Conference Room
103 Ala Luina Street
Kahului, Maui

July 9, 2008 9:00 a.m. Hawaii District Office
Hilo Harbor Conference Room
80 Kuhio Street
Hilo, Hawaii

Interested persons are invited to present their views on the proposed rules at the public
hearings. Written comments will be accepted until July 16, 2008, at the following address:

State of Hawaii
Department of Transportation
Harbors Division
79 S. Nimitz Highway
Honolulu, Hawaii 96813-4898

A copy of the proposed rules may be requested by calling 587-1930, or by writing to the above address. Upon receiving such a request, a copy will be mailed at no cost to the requester. Copies may also be obtained or reviewed at the district manager’s office at Honolulu, Kauai, Maui and Hilo harbors, from Monday through Friday (except state holidays), between the hours of 7:45 a.m. and 4:30 p.m. The proposed rules may also be viewed online at http://www.hawaii.gov/dot/harbors.

Persons with disabilities requiring special assistance should call 587-1930 at least seven days before the hearing.