Haw. Code R. § 12-25-42

Current through November, 2024

Section 12-25-42 - Occupations of motor vehicle driver and outside helper

(a) As used in this section:

"Driver" means any individual who, in the course of employment, drives a motor vehicle at any time;

"Gross vehicle weight" includes the truck chassis with lubricants, water and full tank or tanks of fuel, plus the weight of the cab or driver's compartment, body, and special chassis and body equipment, and payload;

"Motor vehicle" means any automobile, truck, truck-tractor, trailer, semi-trailer, motorcycle, or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation but shall not include any vehicle operated exclusively on rails;

"Outside helper" means any individual, other than a driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.

(b) Except as otherwise provided in this section, the occupations of motor vehicle driver and outside helper involving work on any public road or highway, in or about any mine (including open-pit mine or quarry), or place where logging or sawmill operations are in progress, or in any excavation of the type identified in section 12-25-54 are declared hazardous for minors under eighteen years of age.

(c) Operation of automobiles or trucks not exceeding six thousand pounds gross vehicle weight by a minor who has attained the age of sixteen shall not be deemed hazardous if:

(1) The operation is restricted to daylight hours;

(2) The minor holds a valid license for the type of driving involved in the job to be performed; and

(3) The vehicle is equipped with a seat belt or similar device for the driver and for each helper and the employer has instructed each minor to use the belts or other safety devices, and has taken appropriate steps to assure such use.

This subsection shall not apply to any occupation of motor vehicle driver which involves towing of vehicles.

Haw. Code R. § 12-25-42

[Eff. OCT. 5, 1981] (Auth: HRS § 390-6) (Imp: HRS § 390-2)