HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MOPEDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Mopeds are a cheaper alternative to driving a vehicle. According to the city and county of Honolulu, the number of registered mopeds in Honolulu increased every year between 2006 and 2012. Additionally, there were three hundred fifty-four mopeds involved in major traffic accidents on public roadways in 2012.
The legislature finds that public safety is a state priority. Accordingly, the purpose of this Act is to increase public safety by, among other things:
(1) Prohibiting the use on public roadways of a moped that is not in good working order;
(2) Extending certain police powers dealing with vehicle inspections to include mopeds;
(3) Requiring a certificate of inspection for all mopeds; and
(4) Requiring the annual registration of mopeds.
SECTION 2. Section 249-14, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Bicycles having two tandem wheels
that are twenty inches or more in diameter [
and all mopeds] are required
to be registered and shall be subject to a permanent registration fee of $15[ ,]
to be paid by the owners thereof to the director of finance. All mopeds are
required to be registered annually and shall be subject to a registration fee
of $50 to be paid to the director of finance.
(b) An owner of a bicycle having two tandem wheels that are less than twenty inches in diameter is not required to register such bicycle, but may do so to facilitate the return of recovered stolen bicycles by payment of the registration fee. The fee collected shall not be refunded or prorated. Upon receipt of the fee, the director of finance shall number and register each bicycle and moped for which the fee is paid, in the owner's name and furnish the owner with a metallic tag or decal for each bicycle or moped which shall be attached to the bicycle or moped. On bicycles the decal shall be affixed to the upright post attached to the sprocket facing in the forward direction. On mopeds the decal shall be affixed to the lower portion of the rear fender facing rearward. Upon initial registration by an owner or transferee, the director of finance shall require proof of ownership and require the owner to furnish verification of the serial number and description contained in the proof of ownership and application for registration. Upon annual registration of a moped by an owner or transferee, the director of finance shall require proof of a certificate of inspection for the moped. The metallic tags or decals shall be in a form as the director of finance shall from time to time prescribe. It shall be the duty of the director of finance of each county to purchase a sufficient number of these tags or decals."
SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended by amending the title of part II to read as follows:
"PART II. INSPECTION OF VEHICLES AND MOPEDS"
SECTION 4. Section 286-21, Hawaii Revised Statutes, is amended to read as follows:
"§286-21 Vehicles and mopeds
without required equipment or in unsafe condition. No person shall drive
or cause to move on any highway any motor vehicle, moped, trailer,
semitrailer, or pole trailer, or any combination thereof, unless the equipment
thereon is in good working order and adjustment as required in this part [
as not to] and does not endanger the driver [ or], any
other occupant, or any person [ upon] on the highway."
SECTION 5. Section 286-22, Hawaii Revised Statutes, is amended by amending subsections (a) through (c) to read as follows:
The chief of police or any
police officer of any county may, at] At any time when the chief of
police or a police officer has reasonable cause to believe that a vehicle or
moped is unsafe or not equipped as required by law, the chief of police
or any police officer of any county may require the owner or driver of the
vehicle or moped to submit the vehicle or moped to an inspection
or make the necessary corrections or repairs.
(b) If the vehicle or moped is found to be in an unsafe condition or if any required part or equipment is not present or if any required part or equipment is present but not in proper repair, the officer shall issue a citation to the owner or driver stating the reasons that the vehicle or moped is deemed unsafe or not equipped as required and shall require that a new certificate of inspection as provided in section 286-26 be obtained within five days or that the defect be cured.
(c) If upon inspection, the chief of police or
any police officer determines that any vehicle or moped is in such
unsafe condition as to constitute a menace to the public or determines that
the moped is not equipped as required in this part and cannot reasonably be
restored to a safe condition or with respect to mopeds, equipped as
required in this part, the chief of police or police officer shall remove the
which] that signifies the certificate of inspection and,
with regard to vehicles, inform the director of finance, who shall [ forthwith]
immediately suspend the registration of the vehicle and give notice of
the suspension to its owner. Whenever the director of finance has suspended
the registration of any vehicle under this part, the owner of the vehicle shall
immediately surrender and forward to the director of finance the certificate of
registration and the license plates last issued upon registration of the
vehicle for the current year."
SECTION 6. Section 286-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) No person shall operate any vehicle or
moped after receiving a citation with reference thereto as provided in
section 286-22(b), except that if the driver is authorized to do so by the
police officer, the driver may return the vehicle or moped to the
driver's residence or place of business or the residence or place of business
of the owner of the vehicle[
,] or moped, or to an automotive repair
shop, if within a distance of twenty miles, until a certificate of inspection
is obtained or the necessary corrections or repairs are made."
SECTION 7. Section 286-24, Hawaii Revised Statutes, is amended to read as follows:
responsibility; registration plates as prima facie evidence as to the fault of
the registered owner.] Responsibility of owner or operator for
violation. In any proceeding for violation of this part[ , the]:
(1) The registered owner of a vehicle or
moped shall be deemed responsible for the unsafe condition of the vehicle[
or moped; and
(2) The registered owner or operator of a moped shall be deemed responsible for the failure to equip the moped as required by law."
SECTION 8. Section 286-25, Hawaii Revised Statutes, is amended to read as follows:
"§286-25 Operation of a vehicle or moped without a certificate of inspection. Whoever operates, permits the operation of, causes to be operated, or parks any vehicle or moped on a public highway without a current official certificate of inspection, issued under section 286-26, shall be fined not more than $100."
SECTION 9. Section 286-26, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) and (c) to read:
All other] Mopeds and
vehicles[ ,] other than those under subsection (a), including
motorcycles, trailers, semitrailers, and pole trailers having a gross vehicle
weight rating of 10,000 pounds or less, and antique motor vehicles as defined
in section 249-1, except those in subsections (c) and (d), shall be certified
as provided in subsection (e) every twelve months; provided that any vehicle or
moped to which this subsection applies shall not require inspection within
two years of the date on which the vehicle or moped was first sold.
(c) Any vehicle or moped that has been involved in an accident shall be certified as provided in subsection (e) before it is operated again if:
(1) It is determined by a police officer or an insurer that the vehicle's or moped's equipment has been damaged so as to render the vehicle or moped unsafe; or
(2) It is rebuilt or restored."
2. By amending subsections (e) through (g) to read:
"(e) Upon application for a certificate
of inspection to be issued for a vehicle[
,] or moped, an
inspection as prescribed by the director under subsection (g) shall be
conducted on the vehicle[ ,] or moped, and if the vehicle or
moped is found to be in a safe operating condition, a certificate of
inspection shall be issued upon payment of a fee to be determined by the
director. The certificate for a motor vehicle shall state the effective
date, the termination date, the name of the issuing insurance carrier, and the
policy number of the motor vehicle insurance identification card for the
inspected motor vehicle as specified by section 431:10C-107 or state the
information contained in the proof of insurance card as specified by section
431:10G-106. The certificate for a moped shall state the effective date and
the termination date of the certificate of inspection. A sticker,
authorized by the director, shall be affixed to the vehicle or moped at
the time a certificate of inspection is issued. An inspection sticker [ which]
that has been lost, stolen, or destroyed shall be replaced without
reinspection by the inspection station that issued the original inspection
sticker upon presentation of the [ vehicle's] current certificate of
inspection[ ;] for the vehicle or moped; provided that the current
certificate of inspection and inspection sticker shall not have expired at the
time the replacement is requested. The director shall adopt rules to determine
the fee for replacement of lost, stolen, or destroyed inspection stickers.
(f) The operator of an official inspection station shall pay, from the fee in subsection (e), an amount to be determined by rules adopted pursuant to chapter 91 to the director of transportation. This amount shall be expended only for administration and enforcement of the periodic motor vehicle and moped inspection program. The funds collected pursuant to this subsection shall be deposited into the highway special fund.
(g) The director of transportation shall adopt
necessary rules for the administration of inspections and the issuance of
certificates of inspection[
.]; provided that mopeds manufactured
after December 31, 2016, shall be issued a certificate of inspection only if
the exhaust system of the moped meets the specifications of the original
manufacturer, and all other applicable requirements for the issuance of a
certificate of inspection are satisfied."
SECTION 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 12. This Act shall take effect on January 1, 2017.
Mopeds; Registration; Safety Inspections
Requires annual registration and inspection of mopeds. Stipulates registration fee for a moped shall be $50. (HB1753 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.