Report Title:

Traffic Violations

Description:

Allows audible reverse warning system to be manually turned off when reversing under specified conditions.

THE SENATE

S.B. NO.

988

TWENTY-THIRD LEGISLATURE, 2005

 

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 there is an increase in noise pollution on Hawaii's streets and highways as a result of increased development. The legislature further finds that one noticeable source of noise is the annoyingly loud beeping sound emitted by the reversing of large vehicles. Current law requires certain large vehicles to be equipped with an audible reverse warning system. The loud sound is intended to warn pedestrians and others in back of the vehicle of the reversing of the vehicle. However, when these vehicles are reversing at night in residential neighborhoods or near hospitals and hotels, the noise inevitably draws complaints.

The purpose of this Act is to provide an option to turn off the audible reverse warning system under specified conditions.

SECTION 2. Section 291-35.1, Hawaii Revised Statutes, is amended to read as follows:

"§291-35.1 Regulation of bumper height[.]; reverse warning system. (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 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 purposes of this section means a horizontal load bearing protective system installed on a motor vehicle which 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 audible reverse warning system may be manually disengaged when reversing the vehicle:

(1) Between the hours of 10:00 p.m. and 6:00 a.m.; and

(2) Within two hundred feet of a hospital or hotel or within a residential neighborhood;

if the vehicle is guided in the reversal by a person positioned outside and behind the vehicle with a clear line of sight to the driver to direct the driver. Any device to manually disengage the audible reverse warning system shall be equipped to turn itself off after not more than three minutes and automatically re-engage the system.

The 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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