Report Title:

Audible Reverse Warning Systems

Description:

Allows motor vehicle audible reverse warning system to be manually turned off between the hours of 10:00 p.m. and 6:00 a.m.; provided that the vehicle is guided while reversing by a person other than the driver of the vehicle.

THE SENATE	S.B. NO.	600
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic violations.

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

     SECTION 1.  The legislature finds that, as part of increased development in Hawaii, 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.  State law requires certain large vehicles to be equipped with an audible reverse warning system to warn pedestrians and others in the close vicinity of a large vehicle that the vehicle is about to reverse.  When these vehicles operate late at night or near hospitals or hotels, however, the loud noise of the audible reverse warning system can be very irritating and inevitably raises complaints.  Although the department of health has rules to control vehicular noise, audible reverse warning systems are exempt and the department has no authority to compel compliance.

     The purpose of this Act is to allow audible reverse warning systems to be turned off for noise control purposes between the hours of 10:00 p.m. and 6:00 a.m.; provided that the vehicle is guided while reversing by a person other than the driver of the vehicle.

     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

     For any vehicle with bumpers or attaching components [which] that 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] For purposes of this section, "bumper" means a horizontal load bearing protective system installed on a motor vehicle [which] that 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.

(b)  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[.  The]; provided that an audible reverse warning system may be manually turned off for noise control purposes between the hours of 10:00 p.m. and 6:00 a.m., if the vehicle is guided while reversing by a person other than its driver, who is positioned behind the vehicle and has a clear view of both the vehicle's rearward path and the vehicle's driver.  Any mechanism permitting the audible reverse warning system to be manually disengaged shall automatically turn itself off and re-engage the audible reverse warning system after a fixed period of time as specified by rule.  The director of transportation shall adopt rules under chapter 91 to implement this subsection.  An 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 upon its approval.

INTRODUCED BY:

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