Bill Text: HI HB1753 | 2016 | Regular Session | Amended
Bill Title: Mopeds; Registration; Safety Inspections
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2016-07-06 - Act 200, 07/05/2016 (Gov. Msg. No. 1302). [HB1753 Detail]
Download: Hawaii-2016-HB1753-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1753 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 3 |
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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. Mopeds are a cheaper alternative to driving a vehicle. According to the city and county of Honolulu, the number of registered mopeds in Honolulu increased every year between 2006 and 2012. Additionally, there were three hundred fifty-four mopeds involved in major traffic accidents on public roadways in 2012.
The legislature finds that public safety is a State priority. Accordingly, the purpose of this Act is to increase public safety by, among other things:
(1) Requiring the director of finance to issue moped number plates;
(2) Prohibiting the use on public roadways of a moped that is not in good working order;
(3) Extending certain police powers dealing with vehicle inspections to include mopeds; and
(4) Requiring annual registration for all mopeds.
SECTION 2. Chapter 249, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§249- Mopeds; number plates. (a) Each moped shall be issued a number plate upon payment of the initial annual registration fee pursuant to section 249-14.
(b) The director shall adopt rules pursuant to chapter 91 regarding the regulation and specification of moped number plates.
§249- Fraudulent use of moped number plates; penalties. Any person who manufactures, sells, or distributes moped number plates of a design and size similar to the currently issued series of number plates authorized by the director of finance, or who attaches to and uses on any moped plates not furnished in accordance with rules adopted by the director, or who fraudulently uses such number plates upon any moped other than the one for which the number plates were issued, or who molests or disturbs any moped which has been seized, shall be fined not more than $500."
SECTION 3. 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 annually and shall be subject to a registration fee
of $50 to be paid to the director of finance."
SECTION 4. 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 5. 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], any
other occupant, or any person [upon] on the highway."
SECTION 6. Section 286-22, Hawaii Revised Statutes, is amended by amending subsections (a) through (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 a 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 determines that
the moped is not equipped as required in this part and cannot reasonably be
restored to a safe condition or with respect to mopeds, 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 7. Section 286-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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 8. 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]:
(1) The registered owner of a vehicle or
moped shall be deemed responsible for the unsafe condition of the vehicle[.]
or moped; and
(2) The registered owner or operator of a moped shall be deemed responsible for the failure to equip the moped as required by law."
SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on March 15, 2037.
Report Title:
Mopeds; Registration; Safety Inspections
Description:
Requires the Director of Finance to issue moped number plates. Requires annual registration of mopeds. Stipulates registration fee for a moped shall be $50. (HB1753 HD3)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
