HOUSE OF REPRESENTATIVES	H.B. NO.	83
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

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

     SECTION 1.  Section 291-24, Hawaii Revised Statutes, is amended to read as follows:

     "§291-24  Motorcycles, motor scooters, and mopeds[,]; noisy mufflers; penalty.  (a)  Every motorcycle, motor scooter, and moped moving under its own power on a public highway shall at all times be equipped with a muffler that does not emit a noise level of     decibels or more, unless the muffler or exhaust system is the muffler or exhaust system originally installed on the motorcycle, motor scooter, or moped. [in constant operation to prevent any excessive or unusual noise and no]  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]

(b)  Subsection (a) notwithstanding, a motorcycle, motor scooter, 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)] (c)  As used in this section[, "muffler"]:

"Motorcycle," "motor scooter," and "moped" shall have the same meaning as defined in section 286-2.

"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, motor scooter, or moped, and being effective in reducing noise.

    [(c)] (d)  Whoever violates this section shall be [fined]:

(1) Required to equip the motorcycle, motor scooter, or moped with a muffler or exhaust system that does not emit a noise level above the decibel level established under subsection (a);

(2) Required to obtain a safety inspection to ensure compliance with this section; and

(3) Fined not more than [$100.] $200; provided that after the first violation, the fine shall be:

(A) $300 for the second violation; and

(B) $500 for the third and for each subsequent violation."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Motorcycles; Motor Scooters; Mopeds; Noise Emission; Mufflers

Description:

Prohibits motorcycle, motor scooter, and moped mufflers from emitting a noise level above an unspecified decibel level.  Provides a graduated schedule of fines for first, second, and subsequent violations.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.