(a) Notwithstanding sections 291C-131 and 291C-132 to the contrary, a driver of a motor vehicle from which waste material falls onto a highway or roadway shall be responsible for the removal of the fallen waste material. If the driver is unable to remove the waste material from the highway or roadway, or if removal will create a hazardous situation, the driver shall report, without unnecessary delay, the following information to the county police department:

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Terms Used In Hawaii Revised Statutes 291C-133

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Driver: means every person who drives or is in actual physical control of a vehicle. See Hawaii Revised Statutes 291C-1
  • Highway: means the entire width between the boundary lines of every way publicly maintained and those private streets, as defined in § 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 291C-1
  • 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 291C-1
  • 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 291C-1
  • 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 291C-1
(1) Description of the fallen waste material;
(2) Location of the fallen waste material;
(3) Time of the incident; and
(4) Any other pertinent information.
(b) A driver who:

(1) Knowingly refuses to remove waste material that has fallen from the driver’s motor vehicle onto a highway or roadway; and
(2) Knowingly fails to report the incident, without unnecessary delay, to the county police department, pursuant to subsection (a), shall be subject to the penalties set forth in section 291C-161.
(c) As used in this section, “waste material” means rubbish, refuse, garbage, trash, tire debris, mufflers, tail pipes, or debris of whatever kind or description. “Waste material” does not include material used by authorized persons in connection with any lawful purpose.

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