HB235

SECTION 1. The legislature finds that the use and operation of all-terrain vehicles has caused numerous problems in the State. Eleven all-terrain vehicle riders have died since 2002. The legislature finds that the absence of registration requirements, age restrictions, and licensure requirements have contributed to this growing problem. Hawaii remains one of only six states without a clearly delineated statute pertaining to all-terrain vehicles.

The purpose of this Act is to promote the safe and ecologically efficient operation of all-terrain vehicles in the State.

SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286-A All-terrain vehicles. (a) Every all-terrain vehicle, as defined in section 286-2, operated in this State, shall be installed with a muffler prior to operation thereof.

(b) Unless otherwise provided, no person shall operate an all-terrain vehicle on a public street, road, or highway in this State.

(c) No person shall operate an all-terrain vehicle in this State unless the all-terrain vehicle is first registered as provided in section 286-41.

(d) No person may operate an all-terrain vehicle in this State unless the person possesses a valid driver's license.

(e) No minor under the age of eighteen may operate an all-terrain vehicle.

(f) All retailers of all-terrain vehicles in this State shall make any prospective purchaser of an all-terrain vehicle aware of the requirements of this section prior to consummating the sale or rental thereof."

SECTION 3. Section 286-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""All terrain vehicle" means a three-wheeled or four-wheeled motor vehicle powered by a gasoline or diesel engine and generally characterized by large, low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering that is intended for off-road use by an individual rider on various types of unpaved terrain. The term does not include four-wheeled vehicles, commonly known as "go-carts" that have low centers of gravity and are typically used in racing on relatively level surfaces; nor does the term include any utility vehicle or any farm utility vehicle."

SECTION 4. Section 286-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Application for the registration of a vehicle shall be made upon the appropriate form furnished by the director of finance and shall contain the name, occupation, and address of the owner and legal owner; and, if the applicant is a member of the United States naval or military forces, the applicant shall give the organization and station. All applications shall also contain a description of the vehicle, including the name of the maker, the type of fuel for the use of which it is adapted (e.g., gasoline, diesel oil, liquefied petroleum gas), the serial or motor number, and the date first sold by the manufacturer or dealer, and such further description of the vehicle as is called for in the form, and such other information as may be required by the director of finance, to establish legal ownership. A person applying for initial registration of a neighborhood electric vehicle shall certify in writing that a notice of the operational restrictions applying to the vehicle as provided in section 291C-134 are contained on a permanent notice attached to or painted on the vehicle in a location that is in clear view of the driver. This section shall apply to registration of all-terrain vehicles. A person applying for registration of an all-terrain vehicle shall certify that a notice of the operating restrictions applying to the vehicle as provided in section 286-A are contained on a permanent notice attached to or painted on the vehicle in a location that is in clear view of the driver."

SECTION 5. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:

(1) Mopeds;

(2) Motorcycles and motor scooters;

(3) All-terrain vehicles;

[~~(3)~~] (4) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, and trucks and vans having a gross vehicle weight rating of fifteen thousand pounds or less; and

[~~(4)~~] (5) All of the motor vehicles in category (3) and trucks having a gross vehicle weight rating of fifteen thousand one through twenty-six thousand pounds.

A school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181."

SECTION 6. Section 291-24, Hawaii Revised Statutes, is amended to read as follows:

"§291-24 Motorcycles [~~and~~], mopeds, and all-terrain vehicles; noisy mufflers; penalty. (a) Every motorcycle [~~and~~], moped, and all-terrain vehicle moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a motorcycle [~~or a~~], moped, or all-terrain vehicle in a manner which will amplify or increase the noise emitted by the motor of such motorcycle [or], moped, or all-terrain vehicle above that emitted by the muffler originally installed [~~on the motorcycle or moped except~~]; provided that a motorcycle or moped that:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

shall not be required to be equipped with a muffler.

(b) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of [~~the~~] a motorcycle [or], moped, or all-terrain vehicle and being effective in reducing noise.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	235
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII