STAND. COM. REP. NO.  130

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 1098

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 1098 entitled:

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLE REGISTRATION,"

begs leave to report as follows:

     The purpose of this bill is to promote highway safety by clearly defining the type of after-market motorcycle frames that may be registered for, and used on, Hawaii's roads.  Specifically, this measure:

     (1)  Requires after-market motorcycle frames to be:

          (A)  Manufactured to replace the frame of a motorcycle and is certified by the manufacturer as being compliant with all applicable Federal Motor Vehicle Safety Standards (FMVSS); or

          (B)  The frame of a homemade motorcycle that was manufactured not-for-profit by a person who built the motorcycle as a hobby;

     (2)  Allows the County Director of Finance to register a motorcycle with an after market frame by using the vehicle identification number that is on the certification label or assigned by the county Director of Finance; and

     (3)  Does not allow for the registration of motor vehicles and other devices which are not compliant with FMVSS, with various exceptions, including after-market motorcycle frames.

     The Department of Transportation and City and County of Honolulu testified in support of this bill.

Under existing law, motorcycles with after market frames are among the only vehicles that may be registered even though they are not certified by their manufacturers to be in compliance with all applicable FMVSS as of the date of manufacture.  This exception for motorcycles was intended to accommodate hobbyists who modify or build their own motorcycles.  However, an unintended consequence of this exception has been that it has allowed motorcycle manufacturers to circumvent the FMVSS and sell uncertified motorcycles for use on public roads.  It has also allowed motorcyclists to register and use off-road-only motorcycles on the public roads.  While preserving the exception for hobbyists, this measure prohibits the registration of a motorcycle that is not certified by the manufacturer to be in compliance with the FMVSS.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1098 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair