HOUSE OF REPRESENTATIVES

H.C.R. NO.

13

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 


HOUSE CONCURRENT RESOLUTION

 

 

REQUESTING THE department of transportation to DEFINE WINDSHIELD AND CLARIFY THE MEANING OF AN OBSTRUCTION OF THE DRIVER'S CLEAR VIEW in the periodic motor vehicle inspection manual for inspectors of passenger cars and light trucks.

 

 


WHEREAS, the people of Hawaii should have the freedom to safely express their individual character and values; and

 

WHEREAS, the State Department of Transportation is tasked with developing rules and regulations for uniform implementation across the State; and

 

WHEREAS, the people of Hawaii deserve clarity from the Department of Transportation when it develops rules for inspectors of passenger cars and light trucks; and

 

WHEREAS, the Department of Transportation is responsible for the issuance of both inspection station permits and inspector certificates; and

 

WHEREAS, regarding the legality of having stickers on the rear window, members of the public are often given irrelevant or incorrect information from public officials and motor vehicle inspectors; and

 

WHEREAS, a windshield is the front window of a passenger car or light truck; and

 

WHEREAS, the Periodic Motor Vehicle Inspection Manual for Inspectors of Passenger Cars and Light Trucks states that any motor vehicle with any nontransparent material or object suspended within the windshield area is to fail the inspection, but this should only pertain to the front windshield, and not the rear window; and

 

WHEREAS, the only relevant discussion of the rear window requirement within the Periodic Motor Vehicle Inspection Manual for Inspectors of Passenger Cars and Light Trucks is the statement that any motor vehicle with any nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle "which obstructs the driver's clear view" is to fail the inspection; and

 

WHEREAS, the subjective decision of an inspector interpreting the meaning of a clear obstruction of the driver's "clear view" will lead to inconsistent practices and undermine the purpose of such regulations; and

 

WHEREAS, the people of Hawaii have been needlessly required to destroy personal property specifically, removing stickers on the rear window of their cars, thus negatively influencing associated businesses and encroaching on individual rights; now, therefore,

 

BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the Senate concurring, that this body hereby requests the State Department of Transportation to define "windshield", and clarify the meaning of "an obstruction of the driver's clear view" in the Periodic Motor Vehicle Inspection Manual for Inspectors of Passenger Cars and Light Trucks; and

 

BE IT FURTHER RESOLVED that the Department of Transportation is requested to publically disseminate information regarding the clarification of current regulations and any changes made to the Periodic Motor Vehicle Inspection Manual for Inspectors of Passenger Cars and Light Trucks; and

 

BE IT FURTHER RESOLVED that the Department of Transportation is further requested to assess the feasibility of developing an Office of the Ombudsman to track complaints regarding inspection stations and inspectors; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of the Department of Transportation, the chief of police in each county, and both the executive and legislative branches of Hawaii County, the City and County of Honolulu, Kauai County, and Maui County.

 

 

 

 

OFFERED BY:

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Report Title:

Passenger Cars and Light Trucks; Inspection Criteria