HOUSE OF REPRESENTATIVES

H.B. NO.

1093

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOTOR VEHICLE INSPECTIONS.

 

 

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

 


     SECTION 1.  The legislature finds that motor vehicles with modified mufflers can be excessively noisy.  State law regarding modified mufflers has not been amended since it was passed in 1977.  The legislature further finds that it is time to reexamine this problem to find a more effective solution.

     The purpose of this Act is to require motor vehicle safety inspections to ensure that the noise emitted from motor vehicle mufflers meets certain requirements.

     SECTION 2.  Section 286-28, Hawaii Revised Statutes, is amended to read as follows:

     "§286-28  Suspension or revocation of permits[.]; fines.  (a)  The department shall supervise and cause inspections to be made of official inspection stations and shall suspend or revoke and require the surrender of the permit issued to a station which it finds is not properly conducting inspections.  The department shall maintain and post at its office lists of all stations holding permits and those whose permits have been suspended or revoked.

     (b)  Any official inspection station found to have issued a certificate of inspection in violation of section 291-22 or 291-24.5 shall be subject to a fine of not less than $500 but not more than $1,000 or suspension or revocation of the permit, or both."

     SECTION 3.  Section 291-22, Hawaii Revised Statutes, is amended to read as follows:

     "§291-22  Regulation of exhaust pipe and muffler.  (a)  It shall be unlawful for any person to drive upon the public highways any motor scooter, as defined in section 286-2, the exhaust pipe or muffler of which has been so changed from the factory design as to increase the volume or audibility of the explosions within the motor thereof.

     (b)  A safety inspection required under section 286-26 shall include a test to ensure that the exhaust pipe or muffler meets the requirements specified in this section."

     SECTION 4.  Section 291-24.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291-24.5[]]  Motor vehicle muffler.  (a)  No person shall use on a public highway, sell, alter, or install a muffler [which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory.] that has been changed or modified from the factory design so as to increase the volume or audibility of the explosions within the vehicle's motor.

     (b)  Any violation of this section shall constitute a violation and shall be enforceable by police officers.  The fine for this violation shall be not less than [$25] $100 nor more than [$250] $500 for each separate offense.  Any person who violates the provisions of this section may be issued a summons or citation for [such] the violation.

     (c)  This section shall apply to any county with a population of five hundred thousand or more.

     (d)  A safety inspection required under section 286-26 shall include a test to ensure that the muffler installed on a motor vehicle does not increase the volume or audibility of the explosions within the vehicle's motor greater than that emitted by the vehicle as equipped from the factory."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

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Report Title:

Safety Inspection; Mufflers; Exhaust; Noise

 

Description:

Requires motor vehicle safety inspection stations to inspect motor scooter exhaust pipes or mufflers and motor vehicle mufflers to ensure that the noise emitted meets certain requirements.  Provides penalties for inspection stations that issue safety inspection certificates in violation of muffler and exhaust requirements.

 

 

 

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