Bill Text: HI SB290 | 2014 | Regular Session | Introduced
Bill Title: Motor vehicle safety check
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB290 Detail]
Download: Hawaii-2014-SB290-Introduced.html
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THE SENATE |
S.B. NO. |
290 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to motor vehicle inspections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§286-16[]]
Powers and duties. The director of transportation shall prescribe uniform
standards and procedures for motor vehicle [inspection,] equipment,
driver licensing[,] and registration, including the form and content of
records to be maintained for the registration of vehicles and for the licensing
of drivers."
SECTION 2. Section 286-21, Hawaii Revised Statutes, is amended to read as follows:
"§286-21 Vehicles without required
equipment or in unsafe condition. (a) No person shall drive or
cause to move on any highway any motor vehicle, trailer, semitrailer, or pole
trailer, or any combination thereof, [unless] if it is in unsafe
condition or if the equipment thereon is not in good working order [and
adjustment] as [required in this part] prescribed by the director
of transportation, so as not to endanger the driver or other occupant or
any person upon the highway.
(b) Any vehicle that has been involved in an accident may be deemed to be in unsafe condition if 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.
(c) This section may be enforced by any county by ordinance or rules adopted in accordance with chapter 91."
SECTION 3. Section 286-22, Hawaii Revised Statutes, is amended to read as follows:
"§286-22 Inspection by officers of the
police department. (a) The chief of police or any police officer of any
county [may], at any time when the chief of police or police officer has
reasonable cause to believe that a vehicle is unsafe or not appropriately
equipped as [required by law,] prescribed by the director of
transportation, may require the owner or driver of the vehicle to submit
the vehicle to an inspection or make the necessary corrections or repairs.
(b) If the vehicle 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]
may issue a citation to the owner or driver stating the reasons that the
vehicle is deemed unsafe and [shall] may 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 is in such unsafe condition as
to constitute a menace to the public and cannot reasonably be restored to a
safe condition [as required in this part], then the chief of
police or police officer [shall remove the sticker which signifies the
certificate of inspection and] may inform the director of finance
who [shall] may forthwith 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] may be required to 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.
(d) Any person aggrieved by this section shall
have the right to a hearing before a district judge of the circuit in which the
person is cited within five days. The judge shall determine whether the chief
of police or any police officer reasonably performed the chief of police's or
police officer's duties [hereunder] under this section and shall
make any appropriate order."
SECTION 4. Section 286-23, Hawaii Revised Statutes, is amended to read as follows:
"§286-23 Responsibility for
compliance. (a) Every owner or driver, upon receiving a citation as
provided in section 286-22(b), shall comply [therewith] with the
citation and shall within five days [secure an official certificate of
inspection or] make the necessary corrections or repairs, or the driver may
request a hearing as provided in section 286-22(d).
(b) No person shall operate any vehicle 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 to the driver's residence or place
of business or the residence or place of business of the owner of the vehicle,
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 5. 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. In any proceeding for a violation of this part, the registered owner of a vehicle shall be deemed to be responsible for the unsafe condition of the vehicle."
SECTION 6. Section 286-25, Hawaii Revised Statutes, is amended to read as follows:
"§286-25 Operation of a vehicle without a certificate of inspection. Whoever operates, permits the operation of, causes to be operated, or parks any vehicle that is required to obtain an annual certificate of inspection pursuant to section 286-26 on a public highway without a current official certificate of inspection, shall be fined not more than $100."
SECTION 7. Section 286-26, Hawaii Revised Statutes, is amended to read as follows:
"§286-26 Certificates of inspection.
(a) The following vehicles shall be certified as provided in subsection [(e)](d)
once every year:
(1) Trucks, truck-tractors, semitrailers, and pole trailers having a gross vehicle weight rating of more than 10,000 pounds;
(2) Buses;
(3) Rental or U-drive motor vehicles two years of age or older; and
(4) Taxicabs.
Ambulances shall be certified as provided in
subsection [(e)](d) once every six months.
[(b) All other vehicles, 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 to
which this subsection applies shall not require inspection within two years of
the date on which the vehicle was first sold.]
[(c)](b) Any vehicle that has
been involved in an accident shall be certified as provided in subsection [(e)](d)
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.
[(d)](c) Every vehicle shall be
certified prior to the issuance of a temporary or permanent registration by the
director of finance and prior to the transfer of any registration; provided
that this requirement shall not apply to a subsequent transfer of registration
in a vehicle that carries a current certificate of inspection.
[(e)](d) Upon application for a
certificate of inspection to be issued for a vehicle, an inspection as
prescribed by the director under subsection [(g)](f) shall be
conducted on the vehicle, and if the vehicle 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 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 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 vehicle's 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.
[(f)](e) The operator of an
official inspection station shall pay, from the fee in subsection [(e)](d),
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 inspection
program. The funds collected pursuant to this subsection shall be deposited
into the highway special fund.
[(g)](f) The director of
transportation shall adopt necessary rules for the administration of
inspections and the issuance of certificates of inspection.
[(h)](g) This section shall not
apply to:
(1) Any motor vehicle which is covered by part XI,
governing safety of motor carrier vehicle operation and equipment; provided
that the rules adopted pursuant to part IA impose standards of inspection at
least as strict as those imposed under subsection [(g)](f) and
that certification is required at least as often as provided in subsections
(a), (b), and (c)[, and (d)]; and
(2) Aircraft servicing vehicles that are being used exclusively on lands set aside to the department of transportation for airport purposes.
[(i)](h) As part of the inspection
required by this section, the owner of the vehicle to be inspected shall
produce and display the motor vehicle insurance identification card for the
inspected motor vehicle required by section 431:10C-107 or the proof of
insurance card required by section 431:10G-106. If no card is displayed,
then the sticker authorized by the director shall not be affixed to the vehicle
and the certificate of inspection shall not be issued."
SECTION 8. Section 291-21.5, Hawaii Revised Statutes, is amended to read as follows:
"§291-21.5 Regulation of motor vehicle sun screening devices; penalty. (a) No person shall operate, permit the operation of, cause to be operated, or park any motor vehicle on a public highway if the glazing material of the motor vehicle:
(1) Does not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in effect at the time of its manufacture; or
(2) Is used in conjunction with sun screening devices
not exempted [from this section] by subsection (d)[hereof].
(b) No person shall install, mount, adhere,
affix, or use any sun screening device or combination of devices in conjunction
with the glazing material of a motor vehicle [which] that does
not meet the requirements of the Federal Motor Vehicle Safety Standards 205 in
effect at the time of the glazing material's manufacture except as provided in
this section. Any person who violates this section shall be liable for the
removal of any sun screening device applied contrary to this section.
[(c) A safety inspection required under
section 286-25 shall include a test to ensure that the glazing material and any
sun screening devices meet the requirements specified in this section.]
[(d)] (c) This section shall not
apply to:
(1) Rearview mirrors;
(2) Adjustable nontransparent sun visors [which]
that are mounted forward of the side windows and are not attached to the
glazing material;
(3) Signs, stickers, or other materials [which]
that are displayed in a seven-inch square in the lower corner of the
windshield farthest removed from the driver or signs, stickers, or other
materials [which] that are displayed in a five-inch square in the
lower corner of the windshield nearest the driver;
(4) Rear trunk lid handle or hinges;
(5) Window wipers and window wiper motors;
(6) Transparent sun screening film materials [which]
that are installed, affixed, or applied along the top edge of the
windshield so long as such materials do not encroach upon the AS-1 portion of
the windshield as provided by Federal Motor Vehicle Safety Standard 205 or no
lower than four inches below the top of the windshield, when measured from the
middle point of the bottom edge of the top windshield moulding if no AS-1
markings can be found in the left or right upper margin of the windshield;
(7) Sun screening devices for front side wing vents
and windows [which,] that, when used in conjunction with the
glazing material have a light transmittance of no less than thirty-five per
cent plus or minus six per cent;
(8) Sun screening devices for side windows necessary
for driving visibility [which] that are to the rear of the driver
and for rear windows necessary for driving visibility [which,] that,
when used in conjunction with the glazing material, have a light transmittance
of no less than thirty-five per cent plus or minus six per cent;
(9) Side windows [which] that are to the rear
of the driver and rear windows on vans, minivans, trucks, or buses[;
provided that], if the vehicles are equipped with rearview mirrors
on both sides; and
(10) Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes; or
(11) Transparent sun screening materials, when applied to the AS-1 portion of the windshield, which meets the requirements of Federal Motor Vehicle Safety Standard 205.
[(e)] (d) Any person who
violates this section shall be fined:
(1) Not less than $250 or more than $500 for each separate offense if the person is the owner of the motor vehicle which is in violation; and
(2) Not less than $500 nor more than $1,000 for each separate offense if the person or business entity is the installer of any sun screening device which does not meet the requirements of this section. The installer shall also reinstall sun protective devices which comply with this section, free of charge, or reimburse the motor vehicle owner for the cost of installing sun protective devices by another installer which comply with this section.
The receipt from the installer in the possession of the person in the motor vehicle at the time of the issuance of the citation shall be prima facie evidence of the identity of the installer. The installer shall issue a certificate to the vehicle owner at the time the sunscreen device is installed certifying that the device complies with law. The certificate shall be stored in the motor vehicle at all times."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Motor vehicle safety check
Description:
Abolishes requirement that all motor vehicles obtain annual certificate of inspection.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
