STAND. COM. REP. NO.  908

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 435

      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 Judiciary, to which was referred H.B. No. 435 entitled:

"A BILL FOR AN ACT RELATING TO MOPEDS,"

begs leave to report as follows:

     The purpose of this bill is to promote traffic safety by requiring mopeds to:

     (1)  Be properly equipped and in a safe condition while             operated;

     (2)  Be inspected annually;

     (3)  Display a certificate of inspection; and

     (4)  Be operated with an exhaust system that meets the              original manufacturer's specifications.

     One concerned individual testified in support of this bill.  Cycle Imports Hawaii opposed this measure, and two concerned individuals offered comments.

     Your Committee finds that although this bill is intended in part to address the noise created by inappropriate moped mufflers, concerns remain regarding:

     (1)  Standards for meeting "original manufacturer        

          specifications" for mufflers;

     (2)  Uncertainty in the implementation of inspections; and

     (3)  The detection of violations and enforcement of the             requirements.

     Your Committee has amended this bill by:

     (1)  Changing the effective date to January 1, 2050, to allow      for further discussion;

     (2)  Making technical, nonsubstantive amendments for clarity,      consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 435, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 435, H.D. 1.

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

____________________________

TOMMY WATERS, Chair