HOUSE OF REPRESENTATIVES

H.B. NO.

2351

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOTOR CARRIER SAFETY.

 

 

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

 


     SECTION 1.  The purpose of this Act is to amend or delete any statutes or provisions containing federal requirements that are currently addressed in Hawaii Administrative Rules or otherwise deemed unnecessary.

     SECTION 2.  Section 286-207, Hawaii Revised Statutes, is amended to read as follows:

     "§286-207  Exemptions, certain vehicles.  This part shall not apply to the following vehicles, if such vehicles are in compliance with safety ordinances and rules of the county in which they operate and other applicable state safety laws and rules:

     [(1)  The type of passenger carrying vehicle known as a "sampan bus" within a radius of twenty miles from the city of Hilo, Hawaii;

     (2)  Station wagons for the carriage of property;

     (3)] (1)  Trucks, truck-trailers, trailers, or other nonpassenger carrying equipment having a gross vehicle weight rating of 10,000 pounds or less, except 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;

     [(4)] (2)  Taxicabs as described in section 271-5(3)(B);

     [(5)  Passenger carrying vehicles with a seating capacity of nine or less used for the transportation of employees to and from the jobsite;]

     [(6)] (3)  Passenger carrying vehicles used by employees solely for their own transportation to, from, and during work;

     [(7)] (4)  Passenger carrying vehicles with a gross vehicle weight of 10,000 pounds or less used in car or van pools to transport less than sixteen individuals for the movement of passengers to and from work;

     [(8)] (5)  A passenger carrying vehicle used for the transportation, without compensation, of persons for [private,] personal, recreational, or entertainment purposes;

     [(9)] (6)  A passenger carrying vehicle with a gross vehicle weight rating of 10,000 pounds or less used solely for the transportation, without compensation, of the vehicle owner, the vehicle owner's family or guests;

     [(10)] (7)  A passenger carrying vehicle with a gross vehicle weight rating of 10,000 pounds or less used for the transportation, without compensation, of persons for the furtherance of their physical or mental rehabilitation or for social welfare activities."

     SECTION 3.  Section 286-202.6, Hawaii Revised Statutes, is repealed.

     "[§286-202.6  Marking of motor carrier vehicles.  (a)  Notwithstanding the requirements in 49 Code of Federal Regulations, Part 390.21, every motor carrier vehicle shall be marked as specified in subsections (b), (c), and (d).

     (b)  The marking shall display the following information:

     (1)  The name or trade name of the motor carrier or company operating the motor carrier vehicle;

     (2)  If the name of any person other than the operating motor carrier or company appears on the motor carrier vehicle, the information required by paragraph (1) shall be displayed and preceded by the words "operated by";

     (3)  The gross vehicle weight, gross vehicle weight rating, or gross combination weight rating; and

     (4)  Other identifying information may be displayed on the motor carrier vehicle if it is not inconsistent with the information required by this subsection.

     (c)  The marking shall:

     (1)  Appear on both sides of the motor carrier vehicle;

     (2)  Be in letters that contrast sharply in color with the background on which the letters are placed;

     (3)  Be readily legible during daylight hours, from a distance of fifty feet (15.24 meters) while the motor carrier vehicle is stationary; and

     (4)  Be kept and maintained in a manner that retains the legibility required by paragraph (3).

     (d)  The marking may be painted or permanently affixed on the motor carrier vehicle.

     (e)  A motor carrier or company operating a motor carrier vehicle under a rental agreement having a term in excess of thirty calendar days shall meet the requirements of this section.]"

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST


 


 

Report Title:

Highway Safety; Motor Vehicle Safety Law

 

Description:

Amends or deletes statutes containing federal requirements that are addressed in Hawaii Administrative Rules.

 

 

 

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