STAND. COM. REP. NO.  592

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1446

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 1446 entitled:

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLES,"

begs leave to report as follows:

     The purpose of this bill is to control excessive vehicular noises by:

(1)  Providing drivers an option to turn off audible reverse warning systems if:

     (A)  The vehicle is also equipped with a rearview camera system that continues to operate when the vehicle is reversing; or

     (B)  A watchperson is continuously on duty to ensure the vehicle is reversed in a safe manner; and

(2)  Requiring that any switch permitting the audible reverse warning system to be manually disengaged shall automatically turn itself off after a fixed period of time and automatically engage the audible reverse warning system.

     Citizens Against Noise and several individuals testified in support of this bill.  The Department of Transportation (DOT) supported the intent of this bill.  The Hawaii Transportation Association (HTA) submitted comments and concerns on this measure.

Noise pollution has become a big problem in Hawaii.  Many of the sources of this noise can be attributed to motor vehicles, in particular warning devices that are used when a vehicle is reversing.  While your Committee recognizes the safety concerns raised by HTA, allowing reverse audible warning devices to be disengaged under certain conditions may reduce noise without compromising safety.  Your Committee also notes that DOT has stated that they do not have the expertise or adequate information to determine when a reverse warning device should be disengaged and therefore would be hard-pressed to develop administrative rules on the subject.

Your Committee has amended this bill by:

(1)  Deleting the requirement that DOT develop rules regulating reverse audible warning devices;

(2)  Requiring any switch permitting the audible reverse warning system to be manually disengaged be programmable to automatically turn off and re-engage the audible reverse warning system; and

(3)  Making technical, nonsubstantive changes for

purposes of style and clarity.

     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. 1446, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1446, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair