Bill Text: HI SB1216 | 2025 | Regular Session | Introduced
Bill Title: Relating To Transportation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-11 - The committee(s) on TCA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in TCA were as follows: 3 Aye(s): Senator(s) Lee, C., Elefante, Kanuha; Aye(s) with reservations: none ; 2 No(es): Senator(s) Inouye, DeCorte; and 0 Excused: none. [SB1216 Detail]
Download: Hawaii-2025-SB1216-Introduced.html
|
THE SENATE |
S.B. NO. |
1216 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-26, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (e) to read:
2. By amending subsection (g) to read:
"(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 shall include head lamp requirements that adhere to the
specifications pursuant to section 291-25(a), as applicable[.];
provided further that the rules shall, at a minimum, require inspections to
ensure that a motorcycle, moped, or motor vehicle is not equipped with a
muffler or exhaust system that fails to comply with section 291-24 or 291‑24.5,
as applicable."
SECTION 2. Section 286-211, Hawaii Revised Statutes, is amended to read as follows:
"[[]§286-211[]]
Permits to operate official inspection stations. (a)
The director shall issue permits for and furnish instructions and all
forms to official inspection stations.
The stations shall operate pursuant to standards established by the
director.
(b)
Application for an official inspection station permit shall be made upon
an official form and shall be granted only when the director is satisfied that
the station is properly equipped and has competent personnel to make the
required inspections. Before issuing a
permit, the director shall require the applicant to file proof that the
applicant has, in effect, a liability insurance policy, issued to the applicant
by an insurance company, authorized to do business in the State, insuring
against the liability of the applicant and any of the applicant's employees, in
minimum amounts as follows: comprehensive
public liability insurance in the amount of $10,000 for one person and $20,000
for one accident and comprehensive property damage insurance of $5,000[,];
provided that the director may, by rules [and regulations], set higher
limits; provided further that the proof of insurance need not be filed
by an applicant who inspects only vehicles owned by the applicant; [and]
provided further that the proof of insurance need not be filed by
instrumentalities of the United States.
(c) A permit for an official inspection station shall not be assigned or transferred or used at any location other than that designated by the director and every permit shall be posted in a conspicuous place at the location so designated.
(d) A permit for an official inspection station shall be suspended or revoked, or renewal thereof shall be refused by the director, upon a third or subsequent wilful violation within a period of eighteen months of any rule requiring an official inspection station to ensure a motorcycle, moped, or motor vehicle is not equipped with a muffler or exhaust system that fails to comply with section 291-24 or 291-24.5, as applicable."
SECTION 3. Section 291-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c)
Whoever violates this section shall be fined not more than [$100.]
$500."
SECTION 4. Section 291-24.5, Hawaii Revised Statutes, is amended to read as follows:
"§291-24.5 Motor vehicle muffler. (a) No person shall use on a public highway, sell, offer for sale, alter, or install a muffler, including but not limited to a cut-out, bypass, or similar device, that will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory.
(b) Except as provided in section 291-24.4, any violation
of this section shall [constitute a violation and shall] be enforceable
by police officers. Violation of this
section shall subject the violator to the following penalties:
(1) For a first violation, the person shall be fined not more than $100;
(2) For a second violation committed within three years of any other violation under this section, the person shall be fined not more than $300; and
(3) For a violation of a third or
subsequent offense committed within five years of any other violation under
this section, the person shall be fined not more than $900.
Any person who violates the provisions of this section may be issued a summons or citation for the violation."
SECTION 5. Section 437B-11, Hawaii Revised Statutes, is amended to read as follows:
"§437B-11 Prohibited practices. In addition to any other grounds for disciplinary action authorized by law, the following acts or omissions related to the repair of motor vehicles shall be grounds for invoking the enforcement procedures of section 437B-12:
(1) Making
or authorizing in any manner or by any means whatever any statement written or
oral [which] that is untrue or misleading, and [which] that
is known, or [which] that by the exercise of reasonable care
should be known, to be untrue or misleading;
(2) Causing or allowing a customer to sign any work order that does not state the repairs requested by the customer or the automobile's odometer reading at the time of repair;
(3) Failing or refusing to give to a customer a copy of any document requiring the customer's signature, as soon as the customer signs the document;
(4) Any other conduct that constitutes fraud;
(5) Conduct constituting gross negligence;
(6) Failure to comply with this chapter or rules adopted pursuant to it;
(7) Any wilful departure from or disregard of accepted practices or professional standards;
(8) Making false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of a motor vehicle;
(9) Having repair work subcontracted without the knowledge or consent of the customer unless the motor vehicle repair dealer, mechanic, or apprentice demonstrates that the customer could not reasonably have been notified;
(10) Conducting the business of motor vehicle repair in a place other than stated on the license except that mobile repair facilities may be permitted if the license so indicates;
(11) Rebuilding
or restoring of rebuilt vehicles as defined in section 286-2 in [such] a
manner that [it] does not conform to the original vehicle manufacturer's
established repair procedures or specifications and allowable tolerances for
the particular model and year;
(12) Subcontracting, recommending, or referring motor vehicle repair work to, or in any way assisting, a motor vehicle repair dealer or mechanic whose license or certification is not in full compliance with this chapter;
(13) Failure to directly supervise a motor vehicle mechanic apprentice/trainee or motor vehicle mechanic helper;
(14) Servicing
mobile air conditioners without using refrigerant recovery and recycling
equipment that is certified by Underwriters Laboratories, Incorporated or was
in use by the motor vehicle repair industry [prior to] before
December 31, 1989;
(15) Performing
service on any motor vehicle or mobile air conditioner after January 1, 1994,
without successful completion of an appropriate training course in the recovery
and recycling of CFC and HCFC refrigerants, which included instruction in the
proper use of refrigerant recovery and recycling equipment that is certified by
Underwriters Laboratories, Incorporated; [and]
(16) Violating
chapter 342C[.]; and
(17) Repairing or installing a muffler or exhaust system that fails to comply with section 291-24 or 291-24.5, as applicable."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Mufflers; Exhaust System; Motorcycle; Moped; Motor Vehicle; Certificate of Inspection; Motor Vehicle Repair; Penalties
Description:
Conditions the issuance of a certificate of inspection upon a vehicle not being equipped with a noisy muffler or exhaust system. Requires rules regarding safety check inspections to ensure that a motorcycle, moped, or motor vehicle is not equipped with a noisy muffler or exhaust system. Suspends, revokes, or refuses renewal of a permit for an official inspection station upon a third or subsequent wilful violation of any rule regarding inspecting a noisy muffler or exhaust system. Increases the maximum fine for motorcycle and moped owners that violate noisy muffler laws. Includes repairing or installing a noisy muffler or exhaust system as a prohibited practice for motor vehicle repair laws.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
