Bill Text: HI HB468 | 2023 | Regular Session | Introduced
Bill Title: Relating To Transportation.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2023-01-25 - Referred to TRN, CPC, referral sheet 1 [HB468 Detail]
Download: Hawaii-2023-HB468-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
468 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-26, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (e) 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[,]
and is not equipped with a muffler or exhaust system that fails to comply
with section 291-24 or 291-24.5, as applicable, a certificate of inspection
shall be issued upon payment of a fee to be determined by the director. The certificate 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 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 current certificate of inspection;
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."
2. By amending subsection (g) to read:
"(g) The director of transportation shall adopt
necessary rules for the administration of inspections and the issuance of
certificates of inspection[.]; provided that the rules shall, at a
minimum, require inspections to ensure that a motorcycle, moped, or motor vehicle
is not equipped with a muffler or exhaust system that fails to comply with
section 291-24 or 291-24.5, as applicable."
SECTION 2. Section 286-211, Hawaii Revised Statutes, is amended to read as follows:
"[[]§286-211[]]
Permits to operate official inspection stations. (a)
The director shall issue permits for and furnish instructions and all
forms to official inspection stations.
The stations shall operate pursuant to standards established by the
director.
(b) Application for an official inspection station permit shall be made upon an official form and shall be granted only when the director is satisfied that the station is properly equipped and has competent personnel to make the required inspections. Before issuing a permit, the director shall require the applicant to file proof that the applicant has, in effect, a liability insurance policy, issued to the applicant by an insurance company, authorized to do business in the State, insuring against the liability of the applicant and any of the applicant's employees, in minimum amounts as follows: comprehensive public liability insurance in the amount of $10,000 for one person and $20,000 for one accident and comprehensive property damage insurance of $5,000, provided that the director may, by rules and regulations, set higher limits; provided that the proof of insurance need not be filed by an applicant who inspects only vehicles owned by the applicant; and provided further that the proof of insurance need not be filed by instrumentalities of the United States.
(c) A permit for an official inspection station shall not be assigned or transferred or used at any location other than that designated by the director and every permit shall be posted in a conspicuous place at the location so designated.
(d) A permit for an official inspection station shall be suspended or revoked, or renewal thereof shall be refused by the director, upon a third or subsequent wilful violation within a period of eighteen months of any rule requiring an official inspection station to ensure a motorcycle, moped, or motor vehicle is not equipped with a muffler or exhaust system that fails to comply with section 291-24 or 291-24.5, as applicable."
SECTION 3. Section 291-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Whoever violates this section shall be [fined
not more than $100.] guilty of a petty misdemeanor and shall be fined no
more than $500 or imprisoned for no more than thirty days."
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, offer for sale, alter or
install a muffler [which], including but not limited to a cut-out,
bypass, or similar device, that will noticeably increase the noise emitted
by a motor vehicle above that emitted by the vehicle as equipped from the
factory.
(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 nor more than $250 for each
separate offense.] Any person who
violates [the provisions of this section may] this section:
(1) Shall be guilty
of a petty misdemeanor; and
(2) May be
issued a summons or citation for such violation."
SECTION 5. Section 437B-11, Hawaii Revised Statutes, is amended to read as follows:
"§437B-11 Prohibited practices. In addition to any other grounds for disciplinary action authorized by law, the following acts or omissions related to the repair of motor vehicles shall be grounds for invoking the enforcement procedures of section 437B-12:
(1) Making or authorizing in any manner or by any means whatever any statement written or oral which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading;
(2) Causing or allowing a customer to sign any work order that does not state the repairs requested by the customer or the automobile's odometer reading at the time of repair;
(3) Failing or refusing to give to a customer a copy of any document requiring the customer's signature, as soon as the customer signs the document;
(4) Any other conduct that constitutes fraud;
(5) Conduct constituting gross negligence;
(6) Failure to comply with this chapter or rules adopted pursuant to it;
(7) Any wilful departure from or disregard of accepted practices or professional standards;
(8) Making false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of a motor vehicle;
(9) Having repair work subcontracted without the knowledge or consent of the customer unless the motor vehicle repair dealer, mechanic, or apprentice demonstrates that the customer could not reasonably have been notified;
(10) Conducting the business of motor vehicle repair in a place other than stated on the license except that mobile repair facilities may be permitted if the license so indicates;
(11) Rebuilding or restoring of rebuilt vehicles as defined in section 286-2 in such a manner that it does not conform to the original vehicle manufacturer's established repair procedures or specifications and allowable tolerances for the particular model and year;
(12) Subcontracting, recommending, or referring motor vehicle repair work to, or in any way assisting, a motor vehicle repair dealer or mechanic whose license or certification is not in full compliance with this chapter;
(13) Failure to directly supervise a motor vehicle mechanic apprentice/trainee or motor vehicle mechanic helper;
(14) Servicing mobile air conditioners without using refrigerant recovery and recycling equipment that is certified by Underwriters Laboratories, Incorporated or was in use by the motor vehicle repair industry prior to December 31, 1989;
(15) Performing service
on any motor vehicle or mobile air conditioner after January 1, 1994, without
successful completion of an appropriate training course in the recovery and
recycling of CFC and HCFC refrigerants, which included instruction in the
proper use of refrigerant recovery and recycling equipment that is certified by
Underwriters Laboratories, Incorporated; [and]
(16) Violating chapter
342C[.]; and
(17) Repairing or installing a muffler or exhaust system that fails to comply with section 291-24 or 291-24.5, as applicable."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Mufflers; Exhaust System; Motorcycle; Moped; Motor Vehicle; Certificate of Inspection; Motor Vehicle Repair; Penalties
Description:
Specifies that a certificate of inspection shall be issued if a vehicle is not equipped with a noisy muffler or exhaust system. Requires rules regarding safety check inspections to ensure that a motorcycle, moped, or motor vehicle is not equipped with a noisy muffler or exhaust system. Suspends, revokes, or refuses renewal of a permit for an official inspection station upon a third or subsequent wilful violation of any rule regarding inspecting a noisy muffler or exhaust system. Makes violating the noisy muffler laws a petty misdemeanor. Includes repairing or installing a noisy muffler or exhaust system as a prohibited practice for motor vehicle repair regulations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
