HOUSE OF REPRESENTATIVES

H.B. NO.

2046

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

RELATING TO MOTOR SCOOTERS.

 

 

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

 


     SECTION 1.  Chapter 437, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§437-     Motor scooter; noise emission prohibition.  No dealer shall sell a motor scooter, as defined in section 286-2, with a muffler or exhaust system that emits a noise level of            decibels or more."

     SECTION 2.  Section 291-24, Hawaii Revised Statutes, is amended by amending the title and subsections (a) and (b) to read as follows:

     "§291-24  Motorcycles, motor scooters, and mopeds, noisy mufflers; penalty.  (a)  Every motorcycle, motor scooter, and moped moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.  No person shall modify the exhaust system of a motorcycle, motor scooter, or a moped in a manner [which] that will amplify or increase the noise emitted by the motor of [such] the motorcycle, motor scooter, or moped above that emitted by the muffler originally installed on the motorcycle, motor scooter, or moped [except]; provided that a motorcycle, motor scooter, or moped that:

     (1)  Has three wheels;

     (2)  Is powered by an electric motor;

     (3)  Has a full body enclosed cab; and

     (4)  Has a seat belt assembly or a child restraint system for the driver and passenger;

shall not be required to be equipped with a muffler.

     (b)  As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the motorcycle, motor scooter, or moped, and being effective in reducing noise."

     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  Statutory material to be repealed is bracketed and stricken.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; provided that section 1 shall take effect on January 1, 2011.

 

INTRODUCED BY:

_____________________________


 


 

Report Title:

Motor Scooter; Noise; Muffler; Motor Vehicle Dealer

 

Description:

Prohibits dealers from selling new motor scooters with noise emissions exceeding a specified number of decibels.  Adds motor scooters to noisy muffler law currently applicable to motorcycles and mopeds.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.