Bill Text: HI HB85 | 2019 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicle Inspections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-22 - Referred to TRN, CPC, FIN, referral sheet 2 [HB85 Detail]
Download: Hawaii-2019-HB85-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
85 |
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THIRTIETH LEGISLATURE, 2019 |
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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 286-26, 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;
(4) Taxicabs; and
(5) Mopeds.
Ambulances shall be certified as provided in subsection (e) once every six months.
[(b) All other vehicles, including motorcycles,
mopeds, 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, except a moped, shall not require inspection
within two years of the date on which the vehicle was first sold.
(c)] (b) Any vehicle or moped 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 or moped's equipment has been damaged so as to render the vehicle or moped unsafe; or
(2) It is rebuilt or restored.
[(d)] (c) Every vehicle or moped 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 or moped that carries a current certificate of inspection.
[(e)] (d) 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)] (f) 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 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.
[(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)];
(2) Aircraft servicing vehicles that are being used exclusively on lands set aside to the department of transportation for airport purposes; and
(3) 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.
[(i)] (h) As part of the inspection required by this
section, the owner of the vehicle to be inspected, except for mopeds, 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 2. Section 291-36, Hawaii Revised Statutes, is amended to read as follows:
"§291-36 Exceptions. (a)
The director of transportation, in the case of state highways, or the
county engineer, in the case of county roads and streets, may, upon application
in writing, issue a written permit authorizing the applicant to operate or move
a vehicle or combination of vehicles, self-propelled construction or farm
equipment, marine terminal equipment as referenced in section [286-26(h)(3)]
286-26(g)(3), or special mobile equipment of dimensions or weights,
including loads or both, which exceed the limits set in sections 291-34 and
291-35.
(b) The director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets, may issue a permit authorizing the applicant to operate vehicles or combinations of vehicles which exceed the limits set forth in section 291-35 when carrying products from the place where they are harvested or stored to the place where they are processed or used.
(c)
The application for any such permit shall specifically describe the
vehicle or combination of vehicles, the self-propelled construction or farm
equipment, the marine terminal equipment as referenced in section [286-26(h)(3)]
286-26(g)(3), the load to be operated or moved, the particular highways
over which the permit to operate is requested, and whether such permit is
requested for a single trip or for continuous operation.
(d) The director of transportation or county engineer may if the director of transportation or county engineer determines that adequate precautions will be taken to protect persons and property issue the permit and may in the permit limit the number of trips, establish seasonal or other time limitations during which the permit is valid, prescribe conditions as to route, equipment, speed, escort vehicles, safety measures, or otherwise limit or prescribe conditions of operation under such permit to assure against injury to person and undue damage to the road foundations, surfaces, or structures. The issuing authority may also require such undertaking or other security as may be deemed necessary to protect the highways and bridges from damage, or to provide indemnity for any injury resulting from such operation. The permit shall be valid for the period specified or unless sooner revoked by the issuing authority.
(e)
Every such permit shall be carried in the vehicle or combination of
vehicles, self-propelled construction or farm equipment, or marine terminal
equipment as referenced in section [286-26(h)(3)] 286-26(g)(3),
to which it refers and shall be open to inspection of any peace officer or
traffic officer or employee charged with the care or protection of the
highways; provided that in the case of annual permits, this requirement may be
met where a copy of the permit is carried in the vehicle, and the original
permit is readily available for inspection from the operator's offices in the
county of issuance.
(f)
The owner of any vehicle or combination of vehicles, self-propelled
construction or farm equipment, or marine terminal equipment as referenced in
section [286-26(h)(3)] 286-26(g)(3) found operating in violation
of the terms or conditions of any permit or over sections of the highway not
covered by the permit shall be subject to the penalties provided in section
291-37.
(g) The restrictions of sections 291-34 and 291-35 shall not apply to the operation of motor vehicles on roads now under the control of the counties where a private individual or corporation actually maintains the county road or roads under an agreement in writing filed with the respective county or city council. The agreement shall also provide that the individual or corporation shall repair all damages caused to such roads by vehicles or other self-propelled equipment belonging to or under the control of the individual or corporation and upon failure of the individual or corporation to repair such road or roads as provided in such agreement, the county may repair such damages and charge the cost thereof to and collect the same from the individual or corporation.
(h) Nothing in this chapter shall prevent motor vehicles with a width of greater than nine feet, including load, from crossing any public road, street, or highway within the State.
(i) No provision herein shall be so construed as to prevent the passage of ordinances by any county which impose restrictions more severe in nature.
(j) A fee shall be charged for each permit issued by the director of transportation as follows:
(1) Single trip permit for loads less than 1.35 times the allowable load or less than 14 feet in width...... $ 5.
(2) Continuous trip permit for loads less than 1.35 times the allowable load or less than 14 feet in width...... $10.
(3) Overweight permit in excess of 1.35 times the allowable load............................................ $25.
(4) Oversize permit for width in excess of 14 feet.... $25.
Such fee shall be deposited in the State's account for special funds for highways.
(k) Notwithstanding any law to the contrary, no permit shall be required for any vehicle or combination of vehicles used in agricultural operations or activities which only crosses any public road, street, or highway within the State at locations approved by the director of transportation, in the case of state highways, or the county engineer, in the case of county roads and streets; provided that:
(1) The owners of vehicles transporting agricultural products and equipment shall construct and maintain structurally suitable pavement sections at each crossing;
(2) These owners shall provide for the cleaning and removal of all debris and mud generated by their operation;
(3) The maximum length of vehicles transporting agricultural products shall be limited to not more than eighty feet; and
(4) The maximum length of vehicles, including load, used in transporting agricultural equipment shall be limited to not more than one hundred feet."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2019.
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INTRODUCED BY: |
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Report Title:
Motor Vehicle Inspection; Safety Check; Repeal
Description:
Repeals safety inspection requirements for motorcycles, mopeds, trailers, semitrailers, pole trailers having a gross vehicle weight rating of 10,000 pounds or less, and antique motor vehicles.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
