HB3222

SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291-A Noise abatement area for motor vehicles and mopeds; penalties. (a) For purposes of this section:

"Building" means any structure used for the lodging of persons therein; each unit of a building consisting of two or more units separately secured or occupied is a separate building.

"Motor vehicle" means the same as defined in section 291C-1.

"Moped" means the same as defined in section 291C-1.

(b) No person or persons shall:

(1) Operate or cause to operate a motor vehicle or moped which emits any noises or sounds exceeding ninety-five decibels from its point of origin, within 500 feet from the nearest point of any building;

(2) Drive of operate a motor vehicle or moped in such manner as to make or create any noise exceeding ninety-five decibels;

(3) Operate or cause to operate a motor vehicle or moped without the EPA approved sticker matching the muffler to the vehicle type; or

(4) Operate or cause to operate a motor vehicle or moped with an exhaust system which has been modified to make more noise or sound than the vehicle made when manufactured.

(c) Any person violating any provision of this section shall, upon conviction, be punished by a fine not exceeding $100 for the first conviction, $200 for the second, and $500 for the third or subsequent convictions or by imprisonment not exceeding thirty days, or by both.

(d) If a law enforcement officer has probable cause to believe that any motor vehicle or moped has been used in violation of this section, the law enforcement officer may seize and impound the vehicle for not longer than fourteen days. The owner of a vehicle subject to impoundment is liable for all fees and costs associated with such impoundment. The citation shall require that the owner of the vehicle must restore the vehicle to comply with subsection (b), above, before operating the vehicle on public streets and highways."

SECTION 2. Section 291-24, Hawaii Revised Statutes, is amended to read as follows:

"§291-24 Motorcycles and mopeds, noisy mufflers; penalty. (a) Every motorcycle and moped 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 in a manner which will amplify or increase the noise emitted by the motor of such motorcycle or moped above that emitted by the muffler originally installed on the motorcycle or moped except 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 motorcycle or moped, and being effective in reducing noise.

(c) [~~Whoever violates this section shall be fined not more than $100.~~] Violation of this section shall be a petty misdemeanor; provided that a fine of at least $500 shall be imposed on a person convicted under this section."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000, or so much thereof as may be necessary for fiscal year 2008-2009, for the storage of motor vehicles and mopeds taken into custody by law enforcement pursuant to this Act.

The sums appropriated shall be expended by the police departments of the respective counties for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2008

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3222
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII