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THE SENATE |
S.B. NO. |
625 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to motor carrier vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to repeal the inspection requirements for motor carrier vehicles.
SECTION 2. Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(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;
(C) Kawaihae-Mahukona Road abutting Kawaihae Harbor;
(D) East Kaahumanu Avenue between Hobron Avenue and Kane Street, abutting Kahului Harbor; and
(E) Waipaa Road abutting Nawiliwili Harbor."
SECTION 3. Section 286-202, Hawaii Revised Statutes, is amended to read as follows:
"§286-202 General duties and powers of the director. The general duties and powers of the director shall be:
(1) To establish rules promoting the safety
of operations, motor vehicle and equipment of motor carriers; provided that the
maximum hours of service to be performed by an operator of a motor carrier
vehicle shall be determined by the director based on conditions existing in the
State or in particular sections of the State and shall be compatible with those
prescribed by the Federal Motor Carrier Safety regulations of the United States
Department of Transportation[.];
(2) To coordinate the various motor carrier
safety programs in the State including the formulation of statewide standards
as necessary[.];
(3) To develop and implement, on a priority
basis, a recordkeeping and information system for the motor carrier safety
program[.];
(4) To develop standards relating to the
qualification of motor carrier vehicle drivers[.];
(5) To establish standards for continuous
driver training and periodic evaluation of the driver performance of motor
carrier vehicle drivers[.];
[(6) To establish standards for motor
carrier vehicle safety inspection, motor carrier vehicle inspection stations,
and motor carrier vehicle inspection personnel.
(7)] (6) To revise and update the standards
relating to motor carrier vehicle maintenance and establish a system for the
enforcement of such standards[.];
[(8)] (7) To develop the standards for size and
weight of vehicles, including motor carrier vehicles, pursuant to chapter 291[.];
[(9)] (8) To establish standards for the issuance
of special permits to carry oversized and overweight loads on the highway[.];
[(10)] (9) To establish standards for the
transportation of hazardous materials on the highways[.];
[(11)] (10) To develop comprehensive rules governing
the modification of motor carrier vehicles which will at any time be operated
upon the highway[.];
[(12)] (11) To review and approve all plans and
specifications for construction in the State or modification of motor carrier
vehicles which will at any time be operated upon the highway[.];
[(13)] (12) To adopt rules pursuant to chapter 91
necessary for the purposes of this part[.]; and
[(14)] (13) To investigate all motor carrier vehicle
accidents under this part resulting in death of a human being or other
accidents as the director determines necessary to advance the motor carrier
safety program."
SECTION 4. Section 286-215, Hawaii Revised Statutes, is amended to read as follows:
"§286-215 Fees and charges. The director shall establish fair and
reasonable fees for applications for approval of plans and specifications for
construction or modification of a motor vehicle or class of motor vehicles in
Hawaii which will at any time be operated upon the highways as provided in
section [286‑202(12).] 286-202(11)."
SECTION 5. Section 286-209, Hawaii Revised Statutes, is repealed.
["§286-209
Safety inspection of motor carrier vehicles. (a)
Motor carrier vehicles, including but not limited to trucks, truck-tractors,
semitrailers, trailers, or pole trailers, having a gross vehicle weight rating
of more than ten thousand pounds, motor carrier vehicles having a gross vehicle
weight rating of ten thousand pounds or less which transport passengers in the
furtherance of a commercial enterprise, including car rental transport
vehicles, and motor carrier vehicles used in transporting material found by the
United States Secretary of Transportation to be hazardous under 49 U.S.C.
section 5103 and transported in a quantity requiring placarding under 49
C.F.R., subtitle B, chapter I, subchapter C, shall be inspected and certified
annually.
(b) The director shall adopt rules pursuant to
chapter 91 for motor carrier vehicle safety inspections, the issuance of
certificates of safety inspection, the affixing of motor carrier vehicle safety
inspection decals, and the acceptance of certificates of safety inspection
issued in other jurisdictions.
(c) The director shall collect a fee of $1.50 for
each motor carrier vehicle safety inspection decal issued by motor carrier
vehicle inspection stations. All moneys
collected shall be paid into the state highway fund.
(d) A fee of no more than $12 shall be charged by
a motor carrier inspection station for each safety inspection performed.
(e) For the purposes of this section, "car
rental transport vehicles" means motor carrier vehicles used to transport
customers to or from car rental sites."]
SECTION 6. Section 286-210, Hawaii Revised Statutes, is repealed.
["§286-210
Operation of a motor carrier vehicle without a safety inspection decal. Whoever operates, permits the operation of,
causes to be operated, or parks any motor carrier vehicle on a public highway
without a current motor carrier vehicle safety inspection decal, issued under
section 286-209, shall be fined $100 for each day of the violation."]
SECTION 7. Section 286-211, Hawaii Revised Statutes, is repealed.
["[§286-211] Permits to operate official inspection
stations. (a) The director shall issue permits for and
furnish instructions and all forms to official inspection stations. The stations shall operate pursuant to
standards established by the director.
(b) Application for an official inspection
station permit shall be made upon an official form and shall be granted only
when the director is satisfied that the station is properly equipped and has
competent personnel to make the required inspections. Before issuing a permit, the director shall
require the applicant to file proof that the applicant has, in effect, a
liability insurance policy, issued to the applicant by an insurance company,
authorized to do business in the State, insuring against the liability of the
applicant and any of the applicant's employees, in minimum amounts as follows:
comprehensive public liability insurance in the amount of $10,000 for one
person and $20,000 for one accident and comprehensive property damage insurance
of $5,000, provided that the director may, by rules and regulations, set higher
limits; provided that the proof of insurance need not be filed by an applicant
who inspects only vehicles owned by the applicant; and provided further that
the proof of insurance need not be filed by instrumentalities of the United
States.
(c) A permit for an official inspection station
shall not be assigned or transferred or used at any location other than that
designated by the director and every permit shall be posted in a conspicuous
place at the location so designated."]
SECTION 8. Section 286-212, Hawaii Revised Statutes, is repealed.
["[§286-212] Suspension or revocation
of permits. The director
shall supervise and cause inspections to be made of official inspection
stations and shall suspend or revoke and require the surrender of the permit
issued to a station which the director finds is not properly conducting
inspections. The director shall maintain
and post at the department lists of all stations holding permits and those
whose permits have been suspended or revoked."]
SECTION 9. Section 286-213, Hawaii Revised Statutes, is repealed.
["[§286-213] Improper representation
as official inspection station.
Any person who in any manner represents that the business operated at
any location is an official inspection station without a permit issued by the
director under section 286-211, or any person other than a person operating an
inspection station under a permit granted by the director who issues a
certificate of inspection shall be fined not more than $1,000 or imprisoned not
more than one year, or both."]
SECTION 10. Section 286-214, Hawaii Revised Statutes, is repealed.
["[§286-214] False certificates. Any person who makes, issues, or knowingly
uses any imitation or counterfeit of an official certificate of inspection, or
any person who displays or causes or permits to be displayed upon any vehicle
any certificate of inspection knowing the same to be issued for another vehicle
or issued without an inspection having been made or issued without authority as
provided herein shall be fined not more than $1,000 or imprisoned not more than
one year, or both."]
SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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