HB1446

HOUSE OF REPRESENTATIVES	H.B. NO.	1446
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to motor vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that, as part of the increased development of Hawaii's towns and cities, there has been an increase in noise pollution. One of the contributors to noise pollution is the loud beeping sound emitted by large vehicles when they are reversing. This is due to a state law that requires certain large vehicles to be equipped with an audible reverse warning system. This safety measure is meant to warn pedestrians and others behind a large vehicle that the vehicle is about to reverse. When these vehicles operate in areas of high population density or near hospitals or hotels, however, the loud noise can be very irritating and inevitably raises complaints. Although the department of health has rules to control vehicular noise, these rules exempt audible reverse warning systems, and the department has no authority to compel compliance.

The purpose of this Act is to provide an option to turn off the audible reverse warning system for noise control purposes the vehicle is equipped with a rearview camera system in the rear that continues to operate whenever the vehicle is reversing, or if a watchperson is continuously on duty to ensure safety.

SECTION 2. Section 291-35.1, Hawaii Revised Statutes, is amended to read as follows:

"§291-35.1 Regulation of bumper height[.]; reverse warning systems. (a) Maximum bumper heights of motor vehicles shall be determined by the weight category of gross vehicle weight rating (GVWR) as measured from a level surface to the highest point on the bottom of the bumper. Maximum heights are as follows:

Gross Vehicle Weight Rating Front Rear

Passenger vehicles 22 inches 22 inches

4,500 lbs. and under 29 inches 29 inches

4,501 lbs. to 7,500 lbs. 33 inches 33 inches

7,501 lbs. to 10,000 lbs. 35 inches 35 inches

(b) For any vehicle with bumpers or attaching components which have been modified or altered from the original manufacturer's design to conform with the maximum bumper height requirements of this section, the bumper height shall be measured from a level surface to the bottom of the bumper. The vehicle frame rail, measured from a level surface to the bottom of the vehicle frame rail, shall not exceed the attached bumper height. The maximum distance between vehicle body to vehicle frame rail shall not exceed three inches. The distance between the vehicle body to vehicle frame rail shall be measured from the vehicle body mount seat to the vehicle frame rail mount seat. "Bumper", for purposes of this section means a horizontal load bearing protective system installed on a motor vehicle which is constructed of sturdy materials that will not shatter or split upon moderate impact and provides adequate protection against damages to the front and rear external lighting and reflective devices, hood, trunk, doors, painted surfaces, cooling system, exhaust system, and other components during a low speed impact. Any vehicle that exceeds the Vehicle Equipment Safety Commission -Regulation 12 recommended bumper height, based on the gross vehicle weight rating, shall be equipped with an audible reverse warning system[.]; provided that the audible reverse warning system may be manually turned off for noise control purposes if: the vehicle is equipped with a rearview camera system that operates whenever the vehicle is reversing; or, a watchperson is continuously on duty to ensure safety. Any switch permitting the audible reverse warning system to be manually disengaged shall automatically turn off after a fixed period of time and automatically engage the audible reverse warning system. The director shall adopt rules under chapter 91 to implement this subsection. The audible reverse warning system is not required on any open cab vehicle with a distance of less than four feet from the rear of the driver's seating position to the rear most part of the vehicle body."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2007.

INTRODUCED BY:	_____________________________