Report Title:

Motor Vehicle Noise

 

Description:

Establishes motor vehicle noise standards for noise emanating from a radio, tape player, or other mechanical soundmaking device or instrument within a motor vehicle and from mufflers.

 


THE SENATE

S.B. NO.

1339

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOTOR VEHICLE NOISE.

 

 

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

 


     SECTION 1.  Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291‑    Operation of radios or other mechanical soundmaking devices or instruments in vehicles; mufflers; exemptions.  (a)  It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is:

     (1)  Plainly audible at a distance of twenty-five feet or more from the motor vehicle; or

     (2)  Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.

     (b)  This section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.

     (c)  This section shall not apply to motor vehicles used for emergency purposes.

     (d)  This section shall not apply to the noise made by a horn or other warning device that is equipped on the motor vehicle.

     (e)  The penalty for a driver or occupant of a motor vehicle for violation of this section shall be a fine of $300.

     (f)  As used in this section:

     "Motor vehicles" means motor vehicles, mopeds, motor scooters, and motorcycles, as those terms are defined in section 291C‑1.  The term "motor vehicles" includes muffler, as defined in section 291-24.

     "Plainly audible" means any sound that can be detected by a person using unaided hearing faculties.  For example, if the sound source is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song.  The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.  In the case of mufflers, the term "plainly audible" means unnecessary or unusual noise at a distance of twenty-five feet or more from the motor vehicle in a residential neighborhood."

     SECTION 2.  Section 291-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  For purposes of enforcement of this section, section 291‑   shall apply.  Whoever violates this section shall be fined [not more than $100.] as provided under section 291‑  (e)."

     SECTION 3.  Section 291-24.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  For purposes of enforcement of this section, section 291‑   shall apply.  Any violation of this section shall constitute a violation and shall be enforceable by police officers.  [The fine for this violation shall be not less than $25 nor more than $250 for each separate offense.Whoever violates this section shall be fined as provided under section 291‑  (e).  Any person who violates the provisions of this section may be issued a summons or citation for [such] the violation."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:

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