Bill Text: HI SB1277 | 2020 | Regular Session | Amended
Bill Title: Relating To Motor Vehicle Registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB1277 Detail]
Download: Hawaii-2020-SB1277-Amended.html
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THE SENATE |
S.B. NO. |
1277 |
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THIRTIETH LEGISLATURE, 2019 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE REGISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Out-of-service
order" means a declaration by an authorized enforcement officer of a
federal, state, Canadian, Mexican, or local jurisdiction that a driver, a
commercial motor vehicle, or a motor carrier operation is out-of-service
pursuant to 49 Code of Federal Regulations sections 386.72, 392.5, 392.9a
395.13, or 396.9, compatible laws, or the North American Standard
Out-of-Service Criteria."
SECTION
2. Section 286-41, Hawaii Revised Statutes, is amended to read
as follows:
"§286-41 Application for registration; full faith and
credit to current certificates; this part not applicable to certain equipment. (a)
Every owner of a motor vehicle which is to be operated upon the public
highways shall, for each vehicle owned, except as herein otherwise provided and
except as provided in section 286-42(c), apply to the director of finance of
the county where the vehicle is to be operated, for the registration
thereof. If a vehicle is moved to
another county and is to be operated upon the public highways of that county,
the existing certificate of registration shall be valid until its expiration
date, at which time the owner shall apply to the director of finance of the
county in which the vehicle is then located for the registration of the
vehicle, whether or not the owner is domiciled in the county or the owner's
principal place of business is in that county, except that this provision shall
not apply to vehicles which are temporarily transferred to another county for a
period of not more than three months.
(b) Application for the registration of a vehicle
shall be made upon the appropriate form furnished by the director of finance
and shall contain the name, occupation, and address of the owner and legal
owner; and, if the applicant is a member of the United States naval or military
forces, the applicant shall give the organization and station. All applications shall also contain a
description of the vehicle, including the name of the maker, the type of fuel
for the use of which it is adapted (e.g., gasoline, diesel oil, liquefied
petroleum gas), the serial or motor number, and the date first sold by the
manufacturer or dealer, and such further description of the vehicle as is
called for in the form, and such other information as may be required by the
director of finance, to establish legal ownership. A person applying for initial registration of
a neighborhood electric vehicle shall certify in writing that a notice of the
operational restrictions applying to the vehicle as provided in section
291C-134 are contained on a permanent notice attached to or painted on the
vehicle in a location that is in clear view of the driver.
(c) If the vehicle to be registered is specially
constructed, reconstructed, or rebuilt; is a special interest vehicle; or is an
imported vehicle, this fact shall be stated in the application and upon the
registration of the special interest motor vehicle and imported motor vehicle,
which has been registered until that time in any other state or county, and the
owner shall surrender to the director of finance the certificates of
registration or other evidence of such form of registration as may be in the
applicant's possession or control. The
director of finance shall grant full faith and credit to the currently valid
certificates of title and registration describing the vehicle, the ownership
thereof, and any liens noted thereon, issued by any title state or county in
which the vehicle was last registered.
The acceptance by the director of finance of a certificate of title or
of registration issued by another state or county, as provided in this
subsection, in the absence of knowledge that the certificate is forged,
fraudulent, or void, shall be a sufficient determination of the genuineness and
regularity of the certificate and of the truth of the recitals therein, and no
liability shall be incurred by any officer or employee of the director of
finance by reason of so accepting the certificate.
(d) The owner of every motor vehicle of the
current, previous, and subsequent year model bought out-of-state, subsequently
brought into the State, and subject to the use tax under chapter 238 shall
provide with the application for registration proof of payment of the use tax
pursuant to requirements established by the department of taxation. No registration certificate shall be issued
without proof of payment of the use tax.
(e) Notwithstanding any other law to the
contrary, the director of finance of the county in which the application for
registration is sought shall not require proof of insurance as a condition to
satisfy the requirements of this part.
This subsection shall apply only to the initial registration of any
motor vehicle.
(f) Any motor carrier, as defined in section
286-201, that has not resolved a federal out-of-service order shall not
complete an initial registration of a motor carrier vehicle until the federal
out-of-service order is resolved.
[(f)]
(g) The provisions of this part
requiring the registration of motor vehicles shall not apply to:
(1) Special mobile equipment;
(2) Implements of
husbandry temporarily drawn, moved, or otherwise propelled upon the public
highways;
(3) Aircraft servicing vehicles which are being
used exclusively on lands set aside to the department of transportation for
airport purposes; and
(4) Tractor trucks, forklifts, and top picks being
used as marine terminal equipment temporarily moving in or between terminals at
Sand Island and along Sand Island Parkway and Sand Island Access Road."
SECTION 3.
Section 286-51 Hawaii Revised Statutes,
is amended by amending subsection (a) to read as follows:
"(a) The certificate
of registration for each motor vehicle in the counties of the State shall be
renewed on a staggered basis as established by each county. The director of finance of each county may
adopt rules to carry out the purposes stated in this section and shall expend
the necessary funds from the director's operating funds as may be necessary for
these purposes; provided that the director of finance, if the director has
ascertained as of the date of the application that the registered owner has not
deposited or paid bail with respect to any summons or citation issued to the
registered owner for stopping, standing, or parking in violation of traffic
ordinances within the county, or the registered owner of a motor carrier
vehicle, as defined in section 286-201, has not resolved a federal
out-of-service order, may require, as a condition precedent to the renewal,
that the registered owner deposit or pay bail with respect to all such
summonses or citations[.], or resolve the federal out-of-service
order. The certificates of
registration issued hereunder shall show, in addition to all information
required under section 286-47, the serial number of the tag or emblem and shall
be valid during the registration year only for which they are issued. The certificates of ownership need not be
renewed annually but shall remain valid as to any interest shown therein until
canceled by the director of finance as provided by law or replaced by new
certificates of ownership as hereinafter provided."
SECTION
4. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Motor Vehicle Registration; Federal Out-of-Service Order
Description:
Amends the law relating to registration renewals and initial registrations of motor carrier vehicles of any motor carrier who has an outstanding federal out-of-service order. Adds a definition for "out-of-service order". (SB1277 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
