Motor Vehicles; Safety Check

Abolishes periodic motor vehicle inspections (safety checks) for
ambulances; trucks, truck-tractors, semitrailers, and pole
trailers; buses; rental or U-drive motor vehicles; taxicabs;
antique motor vehicles; and other vehicles having a GVWR of
10,000 pounds or less, including mopeds.

THE SENATE                              S.B. NO.           1426
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 286-16, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "[[]286-16[]]  Powers and duties.  The director of
 4 transportation shall prescribe uniform standards and procedures
 5 for motor vehicle [inspection,] equipment, driver licensing[,]
 6 and registration, including the form and content of records to be
 7 maintained for the registration of vehicles and for the licensing
 8 of drivers."
 9      SECTION 2.  Section 286-21, Hawaii Revised Statutes, is
10 amended to read as follows:
11      "286-21  Vehicles without required equipment or in unsafe
12 condition.  (a)  No person shall drive or cause to move on any
13 highway any motor vehicle, trailer, semitrailer, or pole trailer,
14 or any combination thereof, unless the equipment thereon is in
15 good working order and adjustment, as [required in this part]
16 prescribed by the director of transportation, so as not to
17 endanger the driver or other occupant or any person upon the
18 highway.
19      (b)  Any vehicle that has been involved in an accident may

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 1 be deemed to be in unsafe condition if:
 2      (1)  It is determined by a police officer or an insurer that
 3           the vehicle's equipment has been damaged so as to
 4           render the vehicle unsafe; or
 5      (2)  It has been rebuilt or restored.
 6      (c)  This section may be enforced by any county by ordinance
 7 or rules adopted in accordance with chapter 91; provided that
 8 nothing in this section or sections 286-22, 286-23, or 286-24
 9 shall be construed to be a mandate to any county to provide a new
10 program or to increase the level of service under an existing
11 program."
12      SECTION 3.  Section 286-22, Hawaii Revised Statutes, is
13 amended to read as follows:
14      "286-22  Inspection by officers of the police department.
15 (a)  The chief of police or any police officer of any county
16 [may], at any time when the chief of police or police officer has
17 reasonable cause to believe that a vehicle is unsafe or not
18 appropriately equipped [as required by law], may require the
19 owner or driver of the vehicle to submit the vehicle to an
20 inspection or make the necessary corrections or repairs.
21      (b)  If the vehicle is found to be in an unsafe condition or
22 if any required part or equipment is not present or if any
23 required part or equipment is present but not in proper repair,

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 1 the officer [shall] may issue a citation to the owner or driver
 2 stating the reasons that the vehicle is deemed unsafe and [shall]
 3 may require that [a new certificate of inspection as provided in
 4 section 286-26 be obtained within five days or that] the defect
 5 be cured.
 6      (c)  If upon inspection, the chief of police or any police
 7 officer determines that any vehicle is in such unsafe condition
 8 as to constitute a menace to the public and cannot reasonably be
 9 restored to a safe condition [as required in this part], then the
10 chief of police or police officer [shall remove the sticker which
11 signifies the certificate of inspection and] may inform the
12 director of finance who [shall] may forthwith suspend the
13 registration of the vehicle and give notice of the suspension to
14 its owner.  Whenever the director of finance has suspended the
15 registration of any vehicle under this part, the owner of the
16 vehicle [shall] may be required to immediately surrender and
17 forward to the director of finance the certificate of
18 registration and the license plates last issued upon registration
19 of the vehicle for the current year.
20      (d)  Any person aggrieved by this section shall have the
21 right to a hearing before a district judge of the circuit in
22 which the person is cited within five days.  The judge shall
23 determine whether the chief of police or any police officer

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 1 reasonably performed the chief of police's or police officer's
 2 duties [hereunder] under this section and shall make any
 3 appropriate order."
 4      SECTION 4.  Section 286-23, Hawaii Revised Statutes, is
 5 amended to read as follows:
 6      "286-23  Responsibility for compliance.(a)  Every owner
 7 or driver, upon receiving a citation as provided in section
 8 286-22(b), shall comply [therewith] with the citation and shall
 9 within five days [secure an official certificate of inspection
10 or] make the necessary corrections or repairs, or the driver may
11 request a hearing as provided in section 286-22(d).
12      (b)  No person shall operate any vehicle after receiving a
13 citation [with reference thereto] as provided in section
14 286-22(b), except that if the driver is authorized to do so by
15 the police officer, the driver may return the vehicle to the
16 driver's residence or place of business or the residence or place
17 of business of the owner of the vehicle, or to an automotive
18 repair shop, if within a distance of twenty miles, until [a
19 certificate of inspection is obtained or] the necessary
20 corrections or repairs are made."
21      SECTION 5.  Section 286-24, Hawaii Revised Statutes, is
22 amended to read as follows:
23      "286-24  Registered owner's responsibility; registration



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 1 plates as prima facie evidence as to the fault of the registered
 2 owner.  In any proceeding for a violation of this part, the
 3 registered owner of a vehicle shall be deemed to be responsible
 4 for the unsafe condition of the vehicle."
 5      SECTION 6.  Section 291-21.5, Hawaii Revised Statutes, is
 6 amended to read as follows:
 7      "291-21.5  Regulation of motor vehicle sun screening
 8 devices; penalty.(a)  No person shall operate, permit the
 9 operation of, cause to be operated, or park any motor vehicle on
10 a public highway if the glazing material of the motor vehicle:
11      (1)  Does not meet the requirements of the Federal Motor
12           Vehicle Safety Standards 205 in effect at the time of
13           its manufacture; or
14      (2)  Is used in conjunction with sun screening devices not
15           exempted [from this section] by subsection [(d)
16           hereof.] (c).
17      (b)  No person shall install, mount, adhere, affix, or use
18 any sun screening device or combination of devices in conjunction
19 with the glazing material of a motor vehicle [which] that does
20 not meet the requirements of the Federal Motor Vehicle Safety
21 Standards 205 in effect at the time of the glazing material's
22 manufacture except as provided in this section.  Any person who
23 violates this section shall be liable for the removal of any sun

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 1 screening device applied contrary to this section.
 2      [(c)  A safety inspection required under section 286-25
 3 shall include a test to ensure that the glazing material and any
 4 sun screening devices meet the requirements specified in this
 5 section.
 6      (d)] (c)  This section shall not apply to:
 7      (1)  Rearview mirrors;
 8      (2)  Adjustable nontransparent sun visors [which] that are
 9           mounted forward of the side windows and are not
10           attached to the glazing material;
11      (3)  Signs, stickers, or other materials [which] that are
12           displayed in a seven-inch square in the lower corner of
13           the windshield farthest removed from the driver or
14           signs, stickers, or other materials [which] that are
15           displayed in a five-inch square in the lower corner of
16           the windshield nearest the driver;
17      (4)  Rear trunk lid handle or hinges;
18      (5)  Window wipers and window wiper motors;
19      (6)  Transparent sun screening film materials [which] that
20           are installed, affixed, or applied along the top edge
21           of the windshield so long as such materials do not
22           encroach upon the AS-1 portion of the windshield as
23           provided by the Federal Motor Vehicle Safety Standards

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 1           205 or no lower than four inches below the top of the
 2           windshield, when measured from the middle point of the
 3           bottom edge of the top windshield moulding if no AS-1
 4           markings can be found in the left or right upper margin
 5           of the windshield;
 6      (7)  Sun screening devices for front side wing vents and
 7           windows [which,] that, when used in conjunction with
 8           the glazing material, have a light transmittance of no
 9           less than thirty-five per cent plus or minus six per
10           cent;
11      (8)  Sun screening devices for side windows necessary for
12           driving visibility [which] that are to the rear of the
13           driver and for rear windows necessary for driving
14           visibility [which,] that, when used in conjunction with
15           the glazing material, have a light transmittance of no
16           less than thirty-five per cent plus or minus six per
17           cent;
18      (9)  Side windows [which] that are to the rear of the driver
19           and rear windows on vans, minivans, trucks, or buses[;
20           provided that], if the vehicles are equipped with
21           rearview mirrors on both sides; and
22     (10)  Privacy drapes, curtains, or blinds, or any
23           combination, installed on the interior of motor homes.

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 1      [(e)] (d)  Any person who violates this section shall be
 2 fined not less than $50 nor more than $250 for each separate
 3 offense."
 4      SECTION 7.  Section 286-25, Hawaii Revised Statutes, is
 5 repealed.
 6      ["286-25  Operation of a vehicle without a certificate of
 7 inspection.  Whoever operates, permits the operation of, causes
 8 to be operated, or parks any vehicle on a public highway without
 9 a current official certificate of inspection, issued under
10 section 286-26, shall be fined not more than $100."]
11      SECTION 8.  Section 286-26, Hawaii Revised Statutes, is
12 repealed.
13      ["286-26  Certificates of inspection.(a)  The following
14 vehicles shall be certified as provided in subsection (e) once
15 every six months:
16      (1)  Ambulances;
17      (2)  Trucks, truck-tractors, semitrailers, and pole trailers
18           having a gross vehicle weight rating of more than
19           10,000 pounds;
20      (3)  Buses;
21      (4)  Rental or U-drive motor vehicles one year of age or
22           older; and
23      (5)  Taxicabs.

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                                     S.B. NO.           1426

 1      (b)  All other vehicles, including motorcycles, trailers,
 2 semitrailers, and pole trailers having a gross vehicle weight
 3 rating of 10,000 pounds or less, and antique motor vehicles as
 4 defined in section 249-1, except those in subsections (c) and
 5 (d), shall be certified as provided in subsection (e) every
 6 twelve months.
 7      (c)  Any vehicle that has been involved in an accident shall
 8 be certified as provided in subsection (e) before it is operated
 9 again if:
10      (1)  It is determined by a police officer or an insurer that
11           the vehicle's equipment has been damaged so as to
12           render the vehicle unsafe; or
13      (2)  It is rebuilt or restored.
14      (d)  Every vehicle shall be certified prior to the issuance
15 of a temporary or permanent registration by the director of
16 finance and prior to the transfer of any registration; provided
17 that this requirement shall not apply to a subsequent transfer of
18 registration in a vehicle that carries a current certificate of
19 inspection.
20      (e)  Upon application for a certificate of inspection to be
21 issued for a vehicle, an inspection as prescribed by the director
22 under subsection (g) shall be conducted on the vehicle, and if
23 the vehicle is found to be in a safe operating condition, a

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 1 certificate of inspection shall be issued upon payment of a fee
 2 to be determined by the director.  The certificate shall state
 3 the effective date, the termination date, the name of the issuing
 4 insurance carrier, and the policy number of the motor vehicle
 5 insurance identification card for the inspected motor vehicle as
 6 specified by section 431:10C-107 or state the information
 7 contained in the proof of insurance card as specified by section
 8 431:10G-106.  A sticker, authorized by the director, shall be
 9 affixed to the vehicle at the time a certificate of inspection is
10 issued.  An inspection sticker which has been lost, stolen, or
11 destroyed shall be replaced without reinspection by the
12 inspection station that issued the original inspection sticker
13 upon presentation of the vehicle's current certificate of
14 inspection; provided that the current certificate of inspection
15 and inspection sticker shall not have expired at the time the
16 replacement is requested.  The director shall adopt rules to
17 determine the fee for replacement of lost, stolen, or destroyed
18 inspection stickers.
19      (f)  The operator of an official inspection station shall
20 pay, from the fee in subsection (e), an amount to be determined
21 by rules adopted pursuant to chapter 91 to the director of
22 transportation.  This amount shall be expended only for
23 administration and enforcement of the periodic motor vehicle

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 1 inspection program.  The funds collected pursuant to this
 2 subsection shall be deposited into the highway special fund.
 3      (g)  The director of transportation shall adopt necessary
 4 rules for the administration of inspections and the issuance of
 5 certificates of inspection.
 6      (h)  This section shall not apply to:
 7      (1)  Any motor vehicle which is covered by part XI,
 8           governing safety of motor carrier vehicle operation and
 9           equipment; provided that the rules adopted pursuant to
10           part IA impose standards of inspection at least as
11           strict as those imposed under subsection (g) and that
12           certification is required at least as often as provided
13           in subsections (a), (b), (c), and (d); and
14      (2)  Aircraft servicing vehicles that are being used
15           exclusively on lands set aside to the department of
16           transportation for airport purposes.
17      (i)  As part of the inspection required by this section, the
18 owner of the vehicle to be inspected shall produce and display
19 the motor vehicle insurance identification card for the inspected
20 motor vehicle required by section 431:10C-107 or the proof of
21 insurance card required by section 431:10G-106.  If no card is
22 displayed, then the sticker authorized by the director shall not
23 be affixed to the vehicle and the certificate of inspection shall

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 1 not be issued."]
 2      SECTION 9.  Section 286-27, Hawaii Revised Statutes, is
 3 repealed.
 4      ["286-27  Permits to operate official inspection stations.
 5 (a)  The department of transportation, referred to in this
 6 section and sections 286-28 and 286-29 as "the department", shall
 7 be responsible for issuing permits for and furnishing
 8 instructions and all forms to official inspection stations.  The
 9 stations shall operate in the manner directed by the department
10 pursuant to standards established by the director of
11 transportation.
12      (b)  Application for an official inspection permit shall be
13 made upon an official form and shall be granted only when the
14 department is satisfied that the station is equipped properly and
15 has competent personnel to make the required inspections.  Before
16 issuing a permit, the department shall require the applicant to
17 file proof that the applicant has, in effect, a liability
18 insurance policy, issued to the applicant by an insurance company
19 authorized to do business in the State, insuring against the
20 liability of the applicant and any of the applicant's employees
21 in minimum amounts as follows:  comprehensive public liability
22 insurance in the amount of $10,000 for one person and $20,000 for
23 one accident and comprehensive property damage insurance of

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 1 $5,000; provided that the director of transportation by rules may
 2 establish higher limits; provided that the proof of insurance
 3 need not be filed by an applicant who shall inspect only vehicles
 4 owned by the applicant; and provided further that the proof of
 5 insurance need not be filed by instrumentalities of the United
 6 States.
 7      (c)  Official inspection stations in this State shall be
 8 exempt from liability arising from the destruction of property or
 9 injury to persons caused by special interest vehicles; provided
10 that the official inspection station:
11      (1)  Meets the requirements of subsection (b); and
12      (2)  Exercises due diligence in inspecting special interest
13           vehicles in accordance with applicable standards for
14           motor vehicle and equipment safety for special interest
15           vehicles.
16      (d)  A permit for an official station shall not be assigned
17 or transferred or used at any location other than that designated
18 by the department and every permit shall be posted in a
19 conspicuous place at the location designated.
20      (e)  The counties shall provide for the necessary
21 administrative and enforcement services.
22      (f)  The counties shall be reimbursed the costs incurred in
23 providing the services under subsection (e)."]

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 1      SECTION 10.  Section 286-28, Hawaii Revised Statutes, is
 2 repealed.
 3      ["286-28  Suspension or revocation of permits.  The
 4 department shall supervise and cause inspections to be made of
 5 official inspection stations and shall suspend or revoke and
 6 require the surrender of the permit issued to a station which it
 7 finds is not properly conducting inspections.  The department
 8 shall maintain and post at its office lists of all stations
 9 holding permits and those whose permits have been suspended or
10 revoked."]
11      SECTION 11.  Section 286-29, Hawaii Revised Statutes, is
12 repealed.
13      ["286-29  Improper representation as official inspection
14 station.  Any person who shall in any manner represent that the
15 business operated at any location is an official inspection
16 station without a permit issued by the department under section
17 286-27, or any person other than a person operating an inspection
18 station under a permit granted by the department who issues a
19 certificate of inspection shall be fined not more than $1,000 or
20 imprisoned not more than one year, or both."]
21      SECTION 12.  Section 286-30, Hawaii Revised Statutes, is
22 repealed.
23      ["286-30  False certificates.  Any person who makes,

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                                     S.B. NO.           1426

 1 issues, or knowingly uses any imitation or counterfeit of an
 2 official certificate of inspection, or any person who displays or
 3 causes or permits to be displayed upon any vehicle any
 4 certificate of inspection knowing the same to be issued for
 5 another vehicle or issued without an inspection having been made
 6 or issued without authority as provided herein shall be fined not
 7 more than $1,000 or imprisoned not more than one year, or both."]
 8      SECTION 13.  Section 291C-202, Hawaii Revised Statutes, is
 9 amended to read as follows:
10      "291C-202  Moped equipment requirements and inspection.
11 (a)  Every moped offered for sale for use upon, sold for use
12 upon, or used upon the roadways and highways shall be equipped
13 with:
14      (1)  A motor having a maximum power output capability,
15           measured at the motor output shaft, in accordance with
16           the Society of Automotive Engineers standards, of two
17           horsepower (one thousand four hundred ninety-two watts)
18           or less and, if it is a combustion engine, a maximum
19           piston or rotor displacement of 3.05 cubic inches
20           (fifty cubic centimeters) and which will propel the
21           moped, unassisted, on a level surface at a maximum
22           speed no greater than thirty miles per hour; provided
23           that those mopeds, including those modified pursuant to

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 1           section 291C-206, registered prior to April 23, 1998
 2           shall continue to be subject to the prior thirty-five
 3           miles per hour maximum speed limitation; and
 4      (2)  A direct or automatic power drive system which requires
 5           no clutch or gear shift operation by the moped driver
 6           after the drive system is engaged with the power unit.
 7      (b)  The director of transportation by rules and
 8 regulations, pursuant to chapter 91, shall establish criteria
 9 which shall comply with approved federal regulations for the
10 following moped equipment: brake system; fuel system components;
11 exhaust system components; steering system; handlebars; wheel
12 rims; fenders; a guard or protective covering for drive belts,
13 chains and rotating components; seat or saddle; lamps and
14 reflectors; equipment controls; speedometer; retracting stand;
15 horn; and identification markings.
16      [(c)  The director of transportation by rules and
17 regulations, pursuant to chapter 91, shall establish criteria and
18 procedures for the annual safety inspection of every moped.
19 Safety inspection criteria shall include the criteria established
20 by the director of transportation under subsection (b).]"
21      SECTION 14.  Statutory material to be repealed is bracketed.
22 New statutory material is underscored.

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 1      SECTION 15.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:_________________________