HOUSE OF REPRESENTATIVES

H.B. NO.

128

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to noise control.

 

 

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

 


     SECTION 1.  The legislature finds that inadequately controlled noise is detrimental to the State's environment and adversely affects the health, safety, and welfare of the people of the State.

     The legislature further finds that large commercial motor vehicles, such as refuse collection vehicles, tend to operate in close proximity to residents' homes, often in the early morning hours when residents are sleeping.  One particularly disruptive noise is that of an audible reverse warning system, or "back up beeper," that is triggered when a utility vehicle reverses.  The loud, piercing sound of the audible warning system disrupts residents' sleep, which may affect their productivity throughout the day and ultimately be harmful to their health.

     The legislature believes that prohibiting the use of audible reverse warning systems during evening and early morning hours, and requiring that a coworker direct the reversing of large vehicles with obstructed rear views will enhance the quality of residents' lives while continuing to ensure the safety of surrounding persons and property.  The legislature also believes that restricting the use of very large motor vehicles with a gross combination weight rating of 26,001 pounds or more during these hours will similarly promote the health of residents.

     The purpose of this Act is to promote the health and welfare of residents of the State by prohibiting the following in residential zones or within one hundred feet of residential zones:

     (1)  The use of audible reverse warning systems by vehicles after 8:00 p.m. or before 8:00 a.m. on any day; and

     (2)  The operation of motor vehicles with a gross combination weight rating of 26,001 or more pounds after 8:00 p.m. or before 8:00 a.m. on any day.

     SECTION 2.  Chapter 342F, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§342F-     Audible reverse warning systems; large motor vehicles; quiet hours.  (a)  In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for a person operating a vehicle in a residential zone or within one hundred feet of a residential zone to:

     (1)  Engage an audible reverse warning system; or

     (2)  Use any other device that emits excessive noise while the driver is reversing or backing up the vehicle,

except between the hours of 8:00 a.m. and 8:00 p.m. on any day.

     (b)  The driver of a vehicle equipped with an audible reverse warning system operating before 8:00 a.m. or after 8:00 p.m. on any day shall reverse or back up the vehicle only when directed by another person employed by the same entity as the driver.

     (c)  In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for a person to operate a motor vehicle with a gross combination weight rating of 26,001 pounds or more within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 a.m. and 8:00 p.m. on any day; provided that this subsection shall not apply to:

     (1)  Ambulances;

     (2)  Firefighting or rescue vehicles;

     (3)  Police or other law enforcement vehicles;

     (4)  Buses as defined at section 286-2; or

     (5)  Vehicles operated by a public utility as defined by section 269-1.

     (d)  Any violation of this section shall be punishable by a fine of up to $1,000 and shall be enforceable by a police officer.  Any person who violates this section may be issued a summons or citation for a violation of this section.

     (e)  Government entities, and agents acting on behalf of government entities, shall not be subject to this section.

     (f)  Any county may adopt a rule or ordinance that places stricter limitations on the use of audible reverse warning systems than are in this section.  In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding audible reverse warning systems, the more restrictive requirements shall apply."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Noise Control; Audible Reverse Warning System; Large Vehicles; Residential Zones; Quiet Hours

 

Description:

Prohibits the use of audible reverse warning systems on vehicles operating in residential zones, except between the hours of 8:00 a.m. and 8:00 p.m. on any day.  Requires operators of vehicles equipped with an audible reverse warning system to reverse the vehicle only when another person is available to direct the vehicle's reversing.  Prohibits the use of motor vehicle with a gross combination weight rating of 26,001 pounds or more from operating in residential zones, except between the hours of 8:00 a.m. and 8:00 p.m. on any day.  Subjects violators to a fine of up to $1,000.

 

 

 

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