NOTICE OF PUBLIC HEARINGS
Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the State of Hawaii, Department of Transportation (DOT) Highways Division, will hold public hearings relating to proposed amendments to Hawaii Administrative Rules, Chapter 19-133.2, entitled, "Periodic Inspection of Vehicles" and 19-135, entitled, "Fine, Suspension or Revocation of an Official Inspection Station or Inspector’s Certification." The amendments to both rules are intended to improve the inspection process and comply with new laws.
Below are the significant proposed amendments to 19-133.2. Insignificant housekeeping changes and repeated changes are not listed.
§19 133.2 1 Add a definition for “autocycle” and change the reference for the motorcycle definition from 291C-1 to 286-2, HRS. The latter is more detailed and includes autocycles. Also add a definition for “bumper,” “certificate of inspection,” “illegal modification,” "Periodic Motor Vehicle Inspections," "Responsible operator," and "Safety inspection sticker."
§19 133.2 4(b) Add fines for rules infractions as required by Act 73, SLH 2018.
§19 133.2 8(b) Clarify that stations may conduct inspections for more than the minimum eight hours per day.
§19 133.2 8(d)(1)(D) Insert the word “level” to further describe the required inspection surface.
§19 133.2 14(a)(4) Clarify that only vehicles used for doing business and used by employees who park at the station need to comply with this paragraph. An inspector or station using a noncompliant vehicle sends a subtle message that the inspection rules are of little concern to the people at the station.
§19 133.2 14(a)(5) Add a new paragraph giving officers unrestricted access to stations for the purpose of enforcing activities of the program.
§19 133.2 14(c) For public stations change permissive signage to mandatory signage. Stations need a sign to help the public identify inspection stations.
§19 133.2 14(e) Add this subsection to clarify the required content of certain pictures taken of the inspected vehicles.
§19 133.2 15(a) Add “or supervises” to persons authorized to sign an inspection certificate to clarify that more than one certified inspector may be used to inspect a single vehicle.
§19 133.2 18(3) Set a 30-day time limit for a trainee to assist an inspector. This will discourage inspectors from using uncertified people to assist them.
§19 133.2 20(a) Remove the 15-day requirement to schedule an appointment when a customer cannot be accommodated immediately. Businesses doing more than inspections prefer doing inspections by appointments, because it allows better organization of work.
§19 133.2 22(e)(5) Add wording to correct an accidental omission the last time the rules were amended.
§19 133.2 25.5 Clarify that an annual inspection of a new vehicle is not required until two years after the date of its initial inspection.
§19 133.2 26 Allow vehicles returning after fixing a defect or vehicles too large for the inspection bay to be inspected outside of the bay. This should improve efficiency and service to customers.
§19 133.2 27(a) Add a requirement for the body type of the vehicle to match the body type indicated on the vehicle registration document and the proof of insurance, to ensure that the description continues to be accurate when vehicle modifications are made. Also add a requirement to photograph all documents relating to registration and insurance.
§19 133.2 27(b)(1) Add a registration/proof of insurance matching exception for fleet vehicles, because fleet insurance proof does not have enough detail for this.
§19 133.2 27(b)(4) Amend this paragraph to agree with 291-31 and 249-7, Hawaii Revised Statutes.
§19 133.2 27(b) (5) Add a new paragraph requiring the vehicle description of the registration to match that of the insurance card.
§19 133.2 28(b)(2) Clarify how far to turn the steering wheel when testing steering.
§19 133.2 28(b)(5) Add the word “visibly,” to clarify that inspectors are not required to take measurements.
§19 133.2 29(b)(1) Add the minimum tread depth for motorcycle tires.
§19 133.2 29(b)(2) Remove the word “small” to describe age degradation cracks, because some cracks are large.
§19 133.2 30.5(3) Add an exclusion for auto stop/start technology in newer vehicles.
§19 133.2 31(b)(5) Add a check for electric parking brakes.
§19 133.2 32(b)(4) Add an exclusion for DOT headlamp marking for imported vehicles 25 years old or older, provided the lamps are equal to or the same as the originals and can be aimed for driving on the right side of the road.
§19 133.2 32(b)(7) Add a new paragraph with restrictions that a red light on a vehicle must not be visible from the front of the vehicle, and that blue lights may be visible only on emergency vehicles.
§19 133.2 33 (3) Add noise maker restrictions except on emergency vehicles.
§19 133.2 34(a)(3) Require inspectors to photograph, record and retain window tint meter readings as comments in the iPad.
§19 133.2 34(a) (5) Add a requirement that all windows must be closed for photo.
§19 133.2 34(b)(2)(A) Remove the FMVSS date and insert “as appropriate for the vehicle date of manufacture.”
§19 133.2 34(b)(9)(B) Remove the reference to a fee for doing a window tint test. This reference was erroneously left in the rules during an amendment in 2017.
§19 133.2 38(a), remove mph speedometer requirement for vehicles at least 25 years old.
§19 133.2 38.5 Amend to accommodate the inspection of special interest vehicles that are not a street rod or street rod replica.
§19 133.2 38.6 (a) Add a statement that autocycles must be inspected using appropriate criteria for both motorcycle and car inspections. Also, add subsection (b) that outlines the inspection process for autocycles.
§19 133.2 39 Add a note that uncertified imported vehicles that are at least 25 years old do not need to comply with Federal Motor Vehicle Safety Standards.
§19 133.2 40.6 Add a new section to address the inspection of imported vehicles that are at least 25 years old.
Exhibit A: Update the table.
The primary purpose of the amendments to 19-133.5 is to implement Act 73, SLH 2018, which requires PMVI stations to be fined three times before imposing a suspension or revocation. The proposed amendments are also intended to add clarity and update the sample documents used with these rules.
The significant proposed changes to Chapter 19-133.5 follow. Insignificant “housekeeping” changes are not listed.
Add the word “Fine” to the title of the rules.
§19 133.5 2(2) Add fines to the penalties for both station and inspector infractions. This is in response to Act 73, SLH 2018.
§19 133.5 3 Delete eight definitions which are not needed here, because they are in 19-133.2, HAR. Combine the definitions of three classes of penalties into two classes: major and minor. Delete the term “serious infraction.”
§19 133.5 4 Rewrite this section with the title of Notice of Infraction and Service of Notice. The notice of infraction can now be for a station or an inspector. Also amend the sample notice at the end of the rules.
§19 133.5 5 Rewrite this section to provide procedures to be followed when a notice of infraction is issued. This is to accommodate the electronic forms and new penalties brought about by Act 73.
§19 133.5 6 Rewrite this section to provide a schedule of fines, suspensions and revocations for both inspectors and stations. Although Act 73 only requires fines for stations, section 286-16 and -18, HRS give the director authority to develop rules necessary to implement the program. Since the Legislature established a lesser penalty of fines for stations, fines for inspectors are also included in the hope of providing enhanced motivation for inspectors.
§19 133.5 7 Rewrite this section to require the director to reject a petition that fails to provide the basis for a petition or facts supporting the basis of the petition, but do not mandate the rejection if the petition is incomplete or illegible.
§19 133.5 8 Extend the period for the DOT to notify a petitioner of an intent to hold a hearing from 14 calendar days to 21 calendar days. The additional time is sometimes needed, because the DOT must coordinate with at least three agencies to schedule a hearing. Prior commitments of personnel involved can slow the process significantly.
§19 133.5 9 Amend this section to limit the petitions to be heard to only those accepted by the director of transportation. Also give explicit authority to conduct remote hearings.
§19 133.5 10 Amend this section to clarify that the hearing officer is not required to reside in the county of the petitioner. This simplifies the process of selecting a hearing officer. Also clarify that the hearing officer must review relevant evidence and testimony presented regarding the notice of infraction.
§19 133.5 11 Amend to include the possibility of a fine in the hearing officer’s report to the director.
The public hearings will be held via the Internet using Microsoft Teams on Wednesday, April 21, 2021 from 9:00 to 11:00 a.m. The call-in phone number is 1-808-829-4853, Conference ID: 343432579#. The Microsoft Teams meeting link is also available at web site: https://hidot.hawaii.gov/highways/home/doing-business/hawaii-administrative-rules/. A copy of the proposed rules can be viewed or downloaded free at this site. A paper copy may also be obtained by mailing a request and a money order for $4.75 to the DOT address shown below. Checks should be made out to Hawaii Department of Transportation.
Interested persons are invited to present their views on the proposed rules at the public hearing or by mail, email or fax. Written comments will be accepted through Tuesday, April 27, 2021 at the following address:
Hawaii Department of Transportation
Motor Vehicle Safety Office
98-339 Ponohana Place
Aiea, HI 96701
Testimony may be submitted by Fax at 808-587-6303 or email at DriverRecords.firstname.lastname@example.org.
Persons with disabilities requiring special assistance should call 808-692-7655 at least two weeks before the hearing.
Jade T. Butay
Director of Transportation