Abolishes periodic motor vehicle inspections (safety checks) for ambulances; trucks, truck-tractors, semitrailers, and pole trailers; buses; rental or U-drive motor vehicles; taxicabs; antique motor vehicles; and other vehicles having a GVWR of 10,000 pounds or less, including mopeds.

A BILL FOR AN ACT

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 the equipment thereon is 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:

(c) This section may be enforced by any county by ordinance or rules adopted in accordance with chapter 91; provided that nothing in this section or section 286-22, 286-23, or 286-24 shall be construed to be a mandate to any county to provide a new program or to increase the level of service under an existing program."

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], 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 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:

(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:

[(e)] (d) Any person who violates this section shall be fined not less than $50 nor more than $250 for each separate offense."

SECTION 7. Section 286-25, Hawaii Revised Statutes, is repealed.

["§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 on a public highway without a current official certificate of inspection, issued under section 286-26, shall be fined not more than $100."]

SECTION 8. Section 286-26, Hawaii Revised Statutes, is repealed.

["§286-26 Certificates of inspection. (a) The following vehicles shall be certified as provided in subsection (e) 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.

(c) Any vehicle that has been involved in an accident shall be certified as provided in subsection (e) before it is operated again if:

(d) 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) Upon application for a certificate of inspection to be issued for a vehicle, an inspection as prescribed by the director under subsection (g) 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) 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 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.

(h) This section shall not apply to:

(i) 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 9. Section 286-27, Hawaii Revised Statutes, is repealed.

["§286-27 Permits to operate official inspection stations. (a) The department of transportation, referred to in this section and sections 286-28 and 286-29 as "the department", shall be responsible for issuing permits for and furnishing instructions and all forms to official inspection stations. The stations shall operate in the manner directed by the department pursuant to standards established by the director of transportation.

(b) Application for an official inspection permit shall be made upon an official form and shall be granted only when the department is satisfied that the station is equipped properly and has competent personnel to make the required inspections. Before issuing a permit, the department 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 of transportation by rules may establish higher limits; provided that the proof of insurance need not be filed by an applicant who shall inspect 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) Official inspection stations in this State shall be exempt from liability arising from the destruction of property or injury to persons caused by special interest vehicles; provided that the official inspection station:

(d) A permit for an official station shall not be assigned or transferred or used at any location other than that designated by the department and every permit shall be posted in a conspicuous place at the location designated.

(e) The counties shall provide for the necessary administrative and enforcement services.

(f) The counties shall be reimbursed the costs incurred in providing the services under subsection (e)."]

SECTION 10. Section 286-28, Hawaii Revised Statutes, is repealed.

["§286-28 Suspension or revocation of permits. The department shall supervise and cause inspections to be made of official inspection stations and shall suspend or revoke and require the surrender of the permit issued to a station which it finds is not properly conducting inspections. The department shall maintain and post at its office lists of all stations holding permits and those whose permits have been suspended or revoked."]

SECTION 11. Section 286-29, Hawaii Revised Statutes, is repealed.

["§286-29 Improper representation as official inspection station. Any person who shall in any manner represent that the business operated at any location is an official inspection station without a permit issued by the department under section 286-27, or any person other than a person operating an inspection station under a permit granted by the department who issues a certificate of inspection shall be fined not more than $1,000 or imprisoned not more than one year, or both."]

SECTION 12. Section 286-30, Hawaii Revised Statutes, is repealed.

["§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 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 $1,000 or imprisoned not more than thirty days, or both."]

SECTION 13. Section 291C-202, Hawaii Revised Statutes, is amended to read as follows:

"§291C-202 Moped equipment requirements and inspection. (a) Every moped offered for sale for use upon, sold for use upon, or used upon the roadways and highways shall be equipped with:

(b) The director of transportation by rules and regulations, pursuant to chapter 91, shall establish criteria which shall comply with approved federal regulations for the following moped equipment: brake system; fuel system components; exhaust system components; steering system; handlebars; wheel rims; fenders; a guard or protective covering for drive belts, chains and rotating components; seat or saddle; lamps and reflectors; equipment controls; speedometer; retracting stand; horn; and identification markings.

[(c) The director of transportation by rules and regulations, pursuant to chapter 91, shall establish criteria and procedures for the annual safety inspection of every moped. Safety inspection criteria shall include the criteria established by the director of transportation under subsection (b).]"

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect upon its approval.