Bill Text: HI HB87 | 2011 | Regular Session | Introduced
Bill Title: Mopeds; Inspection
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-24 - (H) Referred to TRN, JUD, referral sheet 1 [HB87 Detail]
Download: Hawaii-2011-HB87-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
87 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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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. Chapter 286, Hawaii Revised Statutes, is amended by amending the title of part II to read as follows:
"PART II. INSPECTION OF VEHICLES OR MOPEDS"
SECTION 2. 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 other occupant or any person [upon]
on the highway."
SECTION 3. Section 286-22, Hawaii Revised Statutes, is amended by amending subsections (a) to (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 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 is not equipped
as required in this part and cannot reasonably be restored to a safe
condition or 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 4. Section 286-23, Hawaii Revised Statutes, is amended by amending subsection (b) to read:
"(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 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.] Responsibility of owner or operator for
violation. In any proceeding for violation of this part, the
registered owner of a vehicle or the owner or operator of a moped shall
be deemed responsible for the unsafe condition of the vehicle[.] or
moped, or of the failure to equip the vehicle or moped as required by law."
SECTION 6. Section 286-25, Hawaii Revised Statutes, is amended to read as follows:
"§286-25 Operation of a vehicle or moped without a certificate of inspection. Whoever operates, permits the operation of, causes to be operated, or parks any vehicle or moped on a public highway without a current official certificate of inspection, issued under section 286-26, shall be fined not more than $100."
SECTION 7. Section 286-26, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (b) and (c) to read:
"(b) [All other] Mopeds and
vehicles[,] other than those under subsection (a), including
motorcycles, trailers, semitrailers, and pole trailers having a gross vehicle
weight rating of [10,000] ten thousand 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 or moped to which this subsection
applies shall not require inspection within two years of the date on which the
vehicle was first sold.
(c) Any vehicle or moped that has been involved in an accident shall be certified as provided in subsection (e) 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."
2. By amending subsections (e) through (g) 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, a certificate of
inspection shall be issued upon payment of a fee to be determined by the
director. The certificate for a motor vehicle 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] that 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[;] for the vehicle or moped; 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) The operator of an official inspection station shall pay, from the fee in subsection (e), 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 and moped inspection program. The funds collected pursuant to this subsection shall be deposited into the highway special fund.
(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 regarding
inspection of mopeds shall be limited to implementing the requirement that
mopeds be operated only with an exhaust system that meets original manufacturer
specifications."
SECTION 8. Section 286-30, Hawaii Revised Statutes, is amended to read as follows:
"§286-30 False certificates. Any
person who makes, issues, or knowingly uses any imitation or counterfeit of an
official certificate of inspection, or any person who displays or causes or
permits to be displayed upon any vehicle or moped any certificate of
inspection knowing the same to be issued for another vehicle or issued without
an inspection having been made or issued without authority as provided herein
shall be fined [not more than] up to $1,000 or imprisoned not
more than thirty days, or both."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Mopeds; Inspection
Description:
Requires mopes to be inspected annually, to display a certificate of inspection, and to be operated only with an exhaust system that meets original manufacturer specifications.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
