Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 137 entitled:

begs leave to report as follows:

The purpose of this bill is to improve motor vehicle safety by:

The Hawaii Independent Auto Dealers Association, Leeward Auto Recycling, and concerned citizens testified in support of this measure. The Department of Transportation supported the intent of this measure. The Department of Commerce and Consumer Affairs offered comments on this measure.

Currently, unscrupulous, unlicensed individuals have the ability to buy, rebuild, and sell salvaged vehicles as used vehicles to the unsuspecting. At times these vehicles have been poorly rebuilt, posing a danger to the buyer of the vehicle, who may not be aware of the problem. Your Committee finds that this practice not only endangers the life of the individual purchasing the vehicle, but other motorists as well.

Although your Committee understands that airbags play an important role in automobile safety, it was pointed out by the Department of Transportation (DOT) that occupant protection systems, such as seatbelts and airbags, are governed under the Federal Motor Vehicle Safety Standard (FMVSS). The FMVSS only certifies the vehicle and not the airbag. Thus, if DOT were to be required to certify the safety of an airbag on a rebuilt vehicle, DOT would have to conduct crash tests on these vehicles.

Accordingly, your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 137, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 137, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.