Bill Text: HI HB1324 | 2014 | Regular Session | Amended
Bill Title: Mopeds; Registration; Safety Inspections; Safety Courses; Fines
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Engrossed - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB1324 Detail]
Download: Hawaii-2014-HB1324-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1324 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MOPEDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 249-14, Hawaii Revised Statutes, is amended by amending subsection (a) 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 every calendar year and shall be subject to an annual
registration fee of $15, to be paid by the owners thereof to the director of
finance. The owner of the moped shall submit a current official certificate of
inspection, issued under section 286-26, as part of the registration process."
SECTION 2. 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 3. 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 [so as not to]
and does not endanger the driver or other occupant or any person [upon]
on the highway."
SECTION 4. Section 286-22, Hawaii Revised Statutes, is amended by amending subsections (a) to (c) to read as follows:
"(a) [The chief of police or any
police officer of any county may, at] At any time when the chief of
police or 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 is not equipped
as required in this part and cannot reasonably be restored to a safe
condition or equipped as required in this part, the chief of police or
police officer shall remove the sticker [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 5. Section 286-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read:
"(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 6. Section 286-24, Hawaii Revised Statutes, is amended to read as follows:
"§286-24 [Registered owner's
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
registered owner of a vehicle or the owner or operator of a moped shall
be deemed responsible for the unsafe condition of the vehicle[.] or
moped, or of the failure to equip the vehicle or moped as required by law."
SECTION 7. 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 8. Section 286-26, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) and (c) to read:
"(b) [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] ten thousand 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 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 equipment has been damaged so as to render the vehicle 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. 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, 2013, 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 9. Section 286-30, Hawaii Revised Statutes, is amended to read as follows:
"§286-30 False certificates. Any
person who makes, issues, or knowingly uses any imitation or counterfeit of an
official certificate of inspection, or any person who displays or causes or
permits to be displayed upon any vehicle or moped any certificate of
inspection knowing the same to be issued for another vehicle or issued without
an inspection having been made or issued without authority as provided herein
shall be fined [not more than] up to $1,000 or imprisoned not
more than thirty days, or both."
SECTION 10. Section 291C-194, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
(a) "No person shall drive a moped unless the person:
(1) Possesses a valid driver's license of any
category listed in section 286-102 or 286-239; [and]
(2) Meets the requirements of section 286-105(3)[.];
and
(3) Has taken and passed a moped education course approved by the department of transportation."
2. By amending subsection (c) to read:
"(c) Any person who is convicted of
violating this section shall be subject to penalties as provided under section
291C-161(b) and [[](f)[]]."
SECTION 11. Section 291C-206, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Any person who violates this section
shall be fined not more than [$500.] $1,000."
SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect on January 1, 2014.
Report Title:
Mopeds; Registration; Safety Inspections; Safety Courses; Fines
Description:
Requires annual registration and inspection of mopeds. Requires operators of mopeds to enroll in safety courses in order to operate their mopeds. Increases the fine for modifying a moped to $1,000. Effective January 1, 2014. (HB1324 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
