Report Title:

Alarm systems

Description:

Prohibits the sale and installation of audible motor vehicle alarm systems. Effective January 1, 2005.

HOUSE OF REPRESENTATIVES

H.B. NO.

2887

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to alarm systems.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that audible motor vehicle alarm systems cause a great amount of noise pollution without a great deal of actual benefit. A 1997 nationwide survey of insurance claims data for over 73 million cars by the Highway Loss Data institute showed that cars with audible motor vehicle alarms showed "no overall reduction in theft losses compared with cars without alarms".

One reason for these results is that the vast majority of audible alarms are false alarms, set off by passing traffic, pedestrians, and other causes that have nothing to do with auto theft, and people have become conditioned to ignore audible motor vehicle alarms. The Progressive Insurance Company recently conducted a nationwide survey that found that fewer than one per cent of respondents would call the police upon hearing an audible motor vehicle alarm, statistics that confirm the anecdotal experience of many.

Another reason for the numbers in the nationwide survey is that audible motor vehicle alarms are easy to disable for professional car thieves. Today's professional criminal can disable an alarm in seconds, rendering the device ineffective as a deterrent.

The legislature further finds that there are other options to prevent auto theft that have a comparable price to audible motor alarm systems such as vehicle immobilizers, tracking systems, and silent pagers. The purpose of this Act is to prohibit the sale and installation of audible motor vehicle alarm systems.

SECTION 2. Section 291-24.6, Hawaii Revised Statutes, is amended to read as follows:

"[§291-24.6] Motor vehicle alarm systems. (a) "Motor vehicle alarm system" means any device which is designed or used for the detection of an unauthorized entry into a motor vehicle, or for alerting others to the commission of an unlawful act, or both, and which emits a sound when activated.

(b) [If a motor vehicle alarm system installed in a motor vehicle is activated and emits a sound for more than five continuous minutes, the registered owner of the motor vehicle shall be fined not more than $100.] No owner of a motor vehicle shall have in operation an audible motor vehicle alarm system on such motor vehicle.

(c) No person shall sell or offer for sale or cause any other person to sell or offer to sell an audible motor vehicle alarm system.

(d) No person shall, other than a manufacturer, install or cause to be installed an audible motor vehicle alarm system on a motor vehicle. For the purpose of this section, "manufacturer" shall mean any person manufacturing or assembling motor vehicles.

(e) Notwithstanding the provisions of this section, any dealer or any person engaged in the business of installing audible motor vehicle alarms on motor vehicles who installed such an alarm on a motor vehicle prior to the effective date of this Act and who, at the time the alarm was installed, provided a warranty for the replacement or repair of such alarm that had not expired or become invalid as of the effective date of this Act, shall be authorized to replace or repair such alarm in accordance with the terms of such warranty until such time as the warranty expires or becomes invalid. For the purpose of this section, "dealer" shall mean a person selling or leasing and distributing motor vehicles primarily to purchasers that in good faith purchase the vehicles other than for resale.

(f) Any dealer or any person engaged in the business of installing audible motor vehicle alarm systems on motor vehicles to whom the provisions of subsection (e) shall maintain a record of each repair or replacement of such alarm performed in accordance with the terms of any warranty. Such records shall include the effective date and expiration date of the warranty and the date on which such repair or replacement was performed.

(g) Any dealer who sells or offers for sale a motor vehicle for which the manufacturer has installed an audible motor vehicle alarm system during the manufacture of such motor vehicle shall maintain a record of the date on which the assembly of each such motor vehicle sold or offered for sale by such dealer was completed, the vehicle identification number of each such vehicle.

(h) Any person violating this section shall be guilty of a misdemeanor.

(i) Each sale, offer for sale, of installation of an audible motor vehicle alarm system on a motor vehicle made or caused to be in made in violation of this section shall be deemed a separate violation and a separate penalty shall be imposed for each such violation.

(j) It shall not be a violation of this section if the owner of a motor vehicle that has an audible motor vehicle alarm system on such motor vehicle renders the system inaudible and inoperative."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2005.

 

 

INTRODUCED BY:

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