Report Title:

Motor Vehicles; Inspection; Exhaust Systems

Description:

Includes the inspection of the exhaust system in the safety inspection of motor vehicles and motorcycles.  Imposes penalties for violations.

HOUSE OF REPRESENTATIVES	H.B. NO.	3233
TWENTY-FOURTH LEGISLATURE, 2008
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.  Section 286-25, Hawaii Revised Statutes, is amended to read as follows:

     "§286-25  Operation of a vehicle without a certificate of inspection.  [Whoever operates, permits] (a)  No person shall operate, permit the operation of, [causes] cause to be operated, or [parks] park any vehicle on a public highway without a current official certificate of inspection, issued under section 286-26[, shall be fined not more than $100].

(b)  Any person who violates this section shall be subject to:

(1) A fine of not less than $500 and not more than $1,000 for the first violation;

(2) A fine of not less than $750 and not more than $1,000 for the second violation; and

(3) A fine of not less than $1,000 and suspension of license and privileges to operate a vehicle for a period of thirty days for a third or subsequent violation."

     SECTION 2.  Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  The director of transportation shall adopt necessary rules for the administration of inspections and the issuance of certificates of inspection[.]; provided that the rules shall include the following:

(1) Requirements that exhaust system components be inspected for:

(A) Condition;

(B) Damage;

(C) Proper installation;

(D) Leakage of gases;

(E) Missing or exposed parts; and

(F) Presence of the Environmental Protection Agency label on the muffler, where required;

(2) Requirements prohibiting the issuance of certificates of inspection if:

(A) Exhaust system components are leaking, not securely fastened, or missing;

(B) Exhaust system components are equipped with exhaust cutouts, by-pass, similar devices, or modifications prohibited by section 291-24;

(C) Mufflers emit excessive or unusual noise;

(D) Exhaust gas is not exiting beyond the passenger compartment unless intended by the original motor vehicle manufacturer; or

(E) Motorcycle exhaust system components are missing the Environmental Protection Agency label matching the muffler to the motorcycle, as provided in 40 Code of Federal Regulations section 205.158; provided that the periodic motor vehicle inspection manual for inspectors shall include:

(i) A photo of the required labels pursuant to subparagraph (E) in the appropriate section relating to exhaust systems; and

(ii) The items listed in this subsection."

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

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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