SB1430

SECTION 1. Section 249-5.5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) [As] For any stored vehicle that is required to be certified pursuant to section 286-26, as a condition precedent to the removal of the vehicle from storage, the owner of the vehicle shall present to the director of finance a certificate of inspection that was issued after the recording of the storage with the director of finance if the certificate of inspection expired during the period of storage."

SECTION 2. Section 286-22, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) If the vehicle or moped is found to be in an unsafe condition or if any required part or equipment is not present or if any required part or equipment is present but not in proper repair, the officer shall issue a citation to the owner or driver stating the reasons that the vehicle or moped is deemed unsafe or is not equipped as required and, if the vehicle is required to be certified pursuant to section 286-26, shall require that a new certificate of inspection as provided in section 286-26 be obtained within five days or that the defect be cured.

(c) If upon inspection, the chief of police or any police officer determines that any vehicle or moped is in such unsafe condition as to constitute a menace to the public or is not equipped as required and cannot reasonably be restored to a safe condition as required in this part, the chief of police or police officer shall remove the sticker which signifies the certificate of inspection, if any, and inform the director of finance who shall immediately suspend the registration of the vehicle or moped and give notice of the suspension to its owner. Whenever the director of finance has suspended the registration of any vehicle or moped under this part, the owner of the vehicle or moped shall immediately surrender and forward to the director of finance the certificate of registration and the license plates last issued upon registration of the vehicle for the current year."

SECTION 3. Section 286-25, Hawaii Revised Statutes, is amended to read as follows:

"§286-25 Operation of a vehicle [~~or moped~~] without a certificate of inspection. Whoever operates, permits the operation of, causes to be operated, or parks any vehicle [~~or moped~~] having a gross vehicle weight rating of more than 10,000 pounds on a public highway without a current official certificate of inspection, issued under section 286-26, shall be fined not more than $100. Nothing herein shall be construed as prohibiting the operation of any vehicle having a gross vehicle weight rating of less than 10,000 pounds or moped without a certificate of inspection."

SECTION 4. Section 286-26, Hawaii Revised Statutes, is amended to read as follows:

"§286-26 Certificates of inspection. (a) The following vehicles shall be certified as provided in subsection (e) once every year:

(1) Trucks, truck-tractors, semitrailers, and pole trailers [~~having a gross vehicle weight rating of more than 10,000 pounds~~];

(2) Buses;

(3) Rental or U-drive motor vehicles two years of age or older; and

(4) Taxicabs[~~; and~~

~~(5)~~ ~~Mopeds.~~],

having a gross vehicle weight rating of more than 10,000 pounds. Ambulances having a gross vehicle weight rating of more than 10,000 pounds shall be certified as provided in subsection (e) once every six months.

(b) All [~~other vehicles, including motorcycles, mopeds, trailers, semitrailers, and pole trailers having a gross vehicle weight rating of 10,000 pounds or less, and~~] antique motor vehicles, as defined in section 249-1, having a gross vehicle weight rating of more than 10,000 pounds, except those in subsections (c) and (d), shall be certified as provided in subsection (e) every twelve months; provided that any antique vehicle to which this subsection applies[~~, except a moped,~~] shall not require inspection within two years of the date on which the antique vehicle was first sold.

(c) Any vehicle [~~or moped~~] having a gross vehicle weight rating of more than 10,000 pounds that has been involved in an accident shall be certified as provided in subsection (e) before it is operated again if:

(1) It is determined by a police officer or an insurer that the vehicle's [~~or moped's~~] equipment has been damaged so as to render the vehicle [~~or moped~~] unsafe; or

(2) It is rebuilt or restored.

(d) Every vehicle [~~or moped~~] having a gross vehicle weight rating of more than 10,000 pounds shall be certified prior to the issuance of a temporary or permanent registration by the director of finance and prior to the transfer of any registration; provided that this requirement shall not apply to a subsequent transfer of registration in a vehicle [~~or moped~~] that carries a current certificate of inspection.

(e) Upon application for a certificate of inspection to be issued for a vehicle [~~or moped~~], an inspection as prescribed by the director under subsection (g) shall be conducted on the vehicle [~~or moped~~], and if the vehicle [~~or moped~~] is found to be in a safe operating condition, a certificate of inspection shall be issued upon payment of a fee to be determined by the director. The certificate shall state the effective date, the termination date, the name of the issuing insurance carrier, and the policy number of the motor vehicle insurance identification card for the inspected motor vehicle as specified by section 431:10C-107 or state the information contained in the proof of insurance card as specified by section 431:10G-106. A sticker, authorized by the director, shall be affixed to the vehicle [~~or moped~~] at the time a certificate of inspection is issued. An inspection sticker which has been lost, stolen, or destroyed shall be replaced without reinspection by the inspection station that issued the original inspection sticker upon presentation of the current certificate of inspection; provided that the current certificate of inspection and inspection sticker shall not have expired at the time the replacement is requested. The director shall adopt rules to determine the fee for replacement of lost, stolen, or destroyed inspection stickers.

(f) The operator of an official inspection station shall pay, from the fee in subsection (e), an amount to be determined by rules adopted pursuant to chapter 91 to the director of transportation. This amount shall be expended only for administration and enforcement of the periodic motor vehicle inspection program. The funds collected pursuant to this subsection shall be deposited into the highway special fund.

(g) The director of transportation shall adopt necessary rules for the administration of inspections and the issuance of certificates of inspection.

(h) This section shall not apply to:

(1) Any motor vehicle that is covered by part XI, governing safety of motor carrier vehicle operation and equipment; provided that the rules adopted pursuant to part IA impose standards of inspection at least as strict as those imposed under subsection (g) and that certification is required at least as often as provided in subsections (a), (b), (c), and (d);

(2) Aircraft servicing vehicles that are being used exclusively on lands set aside to the department of transportation for airport purposes; [~~and~~]

(3) Tractor trucks, forklifts, and top picks being used as marine terminal equipment temporarily moving in or between terminals at:

(A) Sand Island and along Sand Island Parkway and Sand Island Access Road;

(B) Kalanianaole Avenue between Kuhio Street and Kahanu Street, abutting Hilo Harbor;

(D) East Kaahumanu Avenue between Hobron Avenue and Kane Street, abutting Kahului Harbor; and

(E) Waipaa Road abutting Nawiliwili Harbor[.]; and

(4) Any vehicle having a gross vehicle weight rating of less than 10,000 pounds.

(i) As part of the inspection required by this section, the owner of the vehicle to be inspected[~~, except for mopeds,~~] shall produce and display the motor vehicle insurance identification card for the inspected motor vehicle required by section 431:10C-107 or the proof of insurance card required by section 431:10G-106. If no card is displayed, then the sticker authorized by the director shall not be affixed to the vehicle and the certificate of inspection shall not be issued."

SECTION 5. Section 286-47, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Every owner shall keep the certificate of registration within the vehicle for which it is registered and shall present the same at the request of a police officer, or in the event the vehicle is a motorcycle, shall carry such certificate in a convenient receptacle attached to the vehicle and which shall be presented at the request of a police officer; provided that this subsection shall not apply to:

(1) State or county vehicles readily identified by the license plates and markings on sides of such vehicles;

(2) Commercial vehicles defined as rental motor vehicles, or cars shipped by licensed car dealerships or repossession companies. These businesses may keep a duplicate copy of the certificate of registration within the vehicle for which it is registered, in which case the certificate of registration shall be available for inspection at their principal place of business within the State; and

(3) Chassis used for transporting shipping containers. The owner of a chassis used for transporting shipping containers shall not be required to keep the original or a copy of the certificate of registration, motor vehicle identification card, certificate of insurance, and, if applicable, certificate of inspection on the chassis. These businesses may keep the original certificate of registration, motor vehicle identification card, certificate of insurance, and, if applicable, certificate of inspection available for inspection at their principal place of business within the State.

This subsection shall not apply when the certificate is removed from the vehicle for the purpose of application for renewal, transfer of registration, or to record a change in the registration."

SECTION 6. Section 286-48, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) In the event the salvage vehicle is rebuilt so as to be capable of again operating on the highways of this State, the motor vehicle shall not be licensed for such operation, nor shall the ownership thereof be transferred until there is submitted to the director of finance:

(1) The prescribed bill of sale;

(2) An appropriate application for registration of the rebuilt or restored motor vehicle along with the salvage certificate and, if the rebuilt or restored motor vehicle has a gross vehicle weight rating of more than 10,000 pounds, a certificate of inspection signed by the registered or certified motor vehicle repair dealer who is bonded as required by section 437B-26, and who rebuilt the vehicle, attesting that the original recognized vehicle manufacturer's established repair procedures or specifications and allowable tolerances for the particular model and year were utilized and adhered to; and

(3) Any other document and fee required by the director of finance.

The counties may, by ordinance, establish the fee to be charged for the inspection of rebuilt motor vehicles."

SECTION 7. The director of transportation shall adopt or amend its rules pursuant to chapter 91, Hawaii Revised Statutes, to repeal any provision requiring certificates of safety inspection for motor vehicles having a gross vehicle weight rating of less than 10,000 pounds.

SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1430
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII