Report Title:

Vehicle identification cards; safety equipment; mudflaps

Description:

Clarifies the general duties of the Director of Transportation. Eliminates redundancy of state and federal rules. Requires the issuance of vehicle identification cards. Requires the use of mudflaps or other safety devices.

HOUSE OF REPRESENTATIVES

H.B. NO.

83

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to motor vehicles.

 

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

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding to Part XI two new sections to be appropriately designated and to read as follows:

"§286- Vehicle identification card. (a) Every motor carrier shall file with the director a description of all motor carrier vehicles used, or to be used upon the public highway, street, or roadway, upon appropriate forms supplied by the director; provided that a properly completed vehicle description form shall be filed:

(1) With the filing of an original application for safety clearance;

(2) When a new motor carrier vehicle is being placed in service, or when a motor carrier vehicle is being withdrawn from service; and

(3) Immediately after the issuance of a new license plate.

(b) Upon the filing of a properly completed motor carrier vehicle description form, the director shall issue a vehicle identification card for the vehicle. The director shall establish by rules, pursuant to chapter 91, all information that shall be contained on the vehicle identification card to effectuate this part; provided that the vehicle identification card shall at least contain the identity of the owner of the vehicle.

(c) No motor carrier shall operate a vehicle upon the public highways without the vehicle identification card.

(d) No motor carrier shall alter or change, in any manner, the vehicle identification card, or place it in or upon any vehicle other than the vehicle for which the identification card has been issued.

(e) Every motor carrier shall inform the director in writing when any vehicle is disposed of or taken out of service, or ownership of the vehicle is transferred, by the motor carrier; provided that any copies or documents relating to the vehicle's vehicle identification card shall be returned to the director.

§286- Mudguards. No motor carrier vehicle shall operate on any public roadway unless equipped with fenders, covers, or devices, including flaps or splash aprons, or unless the body of the vehicle or attachments thereto afford adequate protection to effectively minimize the spray or splash of water or mud to the rear of vehicle."

SECTION 2. 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)](3) To establish standards for continuous driver training and periodic evaluation of the driver performance of motor carrier vehicle drivers[.];

[(6)](4) To establish standards for motor carrier vehicle safety inspection, motor carrier vehicle inspection stations, and motor carrier vehicle inspection personnel[.];

[(7) To revise and update the standards relating to motor carrier vehicle maintenance and establish a system for the enforcement of such standards.

(8)](5) To develop the standards for size and weight of vehicles, including motor carrier vehicles, pursuant to chapter 291[.];

[(9)](6) To establish standards for the issuance of special permits to carry oversized and overweight loads on the highway[.];

[(10) To establish standards for the transportation of hazardous materials on the highways.

(11) To develop comprehensive rules governing the modification of motor carrier vehicles which will at any time be operated upon the highway.

(12) 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)](7) To adopt rules pursuant to chapter 91 necessary for the purposes of this part[.]; and

[(14)](8) 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 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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