Report Title:
Transportation; Motor Carrier Vehicle Identification Card
Description:
Requires motor carriers to obtain a vehicle identification card by filing a form with specified information with the director of transportation; requires motor carrier vehicles to operate with mudguards; repeals some duties of director of transportation.
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THE SENATE |
S.B. NO. |
77 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HIGHWAY SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a two new sections to part XI be appropriately designated and to read as follows:
"§286- Vehicle identification card. (a) A motor carrier shall file with the director a form prescribed by the director containing a description of the commercial motor vehicle registered to the motor carrier. There shall be one form per vehicle. The form shall be filed when:
(1) The original application for a safety clearance is filed with the director;
(2) A new commercial motor vehicle is placed in service;
(3) A commercial motor vehicle is withdrawn from service; and
(4) New state license plates are issued for a commercial motor vehicle; provided that the form shall be filed not more than five days, including weekends and holidays, after the issuance of the plates.
(b) Upon the filing under subsection (a), the director shall issue a motor vehicle identification card for that commercial motor vehicle. The card shall contain information sufficient to identify the owner of the vehicle and other information deemed necessary by the director.
(c) A motor carrier shall inform the director, by filing a form prescribed by the director, of when a commercial motor vehicle registered to the motor carrier is disposed of, transferred, sold, or otherwise taken out of service by that carrier. The motor carrier shall surrender the vehicle identification card to the director with the filing of the form by affixing the card thereto.
§286- Mudguards; protective devices. (a) A commercial motor vehicle shall not be operated on the public highways unless the vehicle is equipped with fenders, covers, or other devices, including flaps or splash aprons, to minimize the spray or splash of water or mud to the rear of the vehicle.
(b) Violation of this section shall be subject to a fine of $50, notwithstanding section 286-206."
SECTION 2. Section 286-202, Hawaii Revised Statutes, is amended to read as follows:
"§286-202 General duties and powers of the director. The general duties and powers of the director shall be:
(1) To establish rules promoting the safety of operations, motor vehicle, and equipment of motor carriers[; provided that the maximum hours of service to be performed by an operator of a motor carrier vehicle shall be determined by the director based on conditions existing in the State or in particular sections of the State and shall be] compatible with those prescribed by the Federal Motor Carrier Safety regulations of the United States Department of Transportation[.];
(2) To coordinate the various motor carrier safety programs in the State including the formulation of statewide standards as necessary[.];
[(3) To develop and implement, on a priority basis, a recordkeeping and information system for the motor carrier safety program.
(4) To develop standards relating to the qualification of motor carrier vehicle drivers.]
[(5)] (3) To establish standards for continuous driver training and periodic evaluation of the driver performance of motor carrier vehicle drivers[.];
[(6)] (4) To establish standards for motor carrier vehicle safety inspection, motor carrier vehicle inspection stations, and motor carrier vehicle inspection personnel[.];
[(7) To revise and update the standards relating to motor carrier vehicle maintenance and establish a system for the enforcement of such standards.]
[(8)] (5) To develop the standards for size and weight of vehicles, including motor carrier vehicles, pursuant to chapter 291[.];
[(9)] (6) To establish standards for the issuance of special permits to carry oversized and overweight loads on the highway[.];
[(10) To establish standards for the transportation of hazardous materials on the highways.
(11) To develop comprehensive rules governing the modification of motor carrier vehicles which will at any time be operated upon the highway.
(12) To review and approve all plans and specifications for construction in the State or modification of motor carrier vehicles which will at any time be operated upon the highway.]
[(13)] (7) To adopt rules pursuant to chapter 91 necessary for the purposes of this part[.]; and
[(14)] (8) To investigate all motor carrier vehicle accidents under this part resulting in death of a human being or other accidents as the director determines necessary to advance the motor carrier safety program."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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