Report Title:

Salvaged Vehicles; Disallows Non-Licensed Persons from Purchasing; Highway Safety; Airbags

Description:

Disallows non-licensed individuals from purchasing and rebuilding salvaged vehicles, and includes airbags as a resale component that requires Department of Transportation approval.

THE SENATE

S.B. NO.

346

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to highway safety.

 

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

SECTION 1. The legislature finds that automobile theft rates continue to be high in Hawaii, and that airbags are an important component of motor vehicle safety. The purpose of this Act is to reduce the number of automobile thefts by prohibiting the purchase of salvaged vehicles by non-licensed individuals, thereby reducing the market for stolen parts, and to improve highway safety by requiring airbags as a resale component that requires approval by the director of transportation.

SECTION 2. Section 286-48, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Upon resale of the salvage vehicle, the seller or, if the seller is an insurance company, its authorized agent shall transfer the salvage certificate and issue a bill of sale to the purchaser which shall be on a form prescribed by the director of finance. The seller shall notify the purchaser, in writing, of the requirements of this chapter regarding the recertification of salvage vehicles. The seller shall sell the salvage vehicle only to a person licensed pursuant to chapter 437B, sections 289-4[,] or 445-232[, or any person who executes an affidavit which states whether or not the salvage vehicle would be used to construct a rebuilt vehicle as defined in section 286-2 and that if the salvage vehicle is to be rebuilt, the purchaser will register the rebuilt vehicle as required by this chapter]."

SECTION 3. Section 286-83, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) On and after January 1, 1972, no person shall display for sale, sell or offer for sale for use in or upon, or as part of the equipment of a motor vehicle, trailer, semitrailer, or pole trailer any head lamp, auxiliary or fog lamp, rear lamp, signal lamps, or reflector, which reflector is required by law, or any glazing material, hydraulic brake fluid, seat belt, shoulder harness or seat belt and shoulder harness assembly unless the device is of a type which has been submitted to the director of transportation and approved by the director. This subsection shall not apply to equipment in actual use on May 25, 1971, or replacement parts therefor.

On and after January 1, 2004, no person shall display for sale, sell or offer for sale for use in or upon, or as part of the equipment of a motor vehicle, trailer, semitrailer, or pole trailer any airbag unless the device is of a type which has been submitted to the director of transportation and approved by the director. This subsection shall not apply to equipment in actual use on the effective date of this Act, or replacement parts therefor."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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