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Notice #: 0001053901-01
Public Hearings

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 "PERIODIC SAFETY INSPECTION OF MOPEDS." The amendments to 19-133.2 are intended to improve the inspection process. The changes to 19-135 implement Act 200, SLH 2016, which requires mopeds to have annual safety inspections, be registered and issued a license plate.
The significant proposed amendments to 19-133.2 include:
§19-133.2-1, adding a definition of a special interest vehicle.
§19-133.2-4(b)(5), adding DOT authority to electronically flag vehicles when there is evidence that they were not properly inspected.
§19-133.2-12(5), adding a required written and practical test for moped inspector applicants.
§19-133.2-13(b), removing this subsection, because the electronic form program controls the type of inspection an inspector is authorized to conduct.
§19-133.2-18(6), prohibiting inspectors from modifying a vehicle in a manner that will cause it to fail an inspection.
§19-133.2-22(e), deleting the special charge for a light transmittance test of aftermarket tint, because it is no longer appropriate. The first light transmittance meters were rather expensive, and the additional fee compensated for the added expense. Enough time has passed for the meters to more than pay for themselves and with more companies making the meters, the cost has come down significantly. Section 133.2-22 also contains fee increases for inspections of cars and light trucks from $19.19 to $25.00; for motorcycles and mopeds from $12.24 to $17.00. The amount collected by the electronic forms contractor is decreased from $1.69 to $1.36 per paid inspection.
§19-133.2-22, adding a title "Failure Notice" to the document issued to vehicle owners when a vehicle fails inspection. This notice will be signed by the inspector.
§19-133.2-27(a), allowing the use of an electronic proof of insurance card for an inspection.
§19-133.2-30.5, 31, 35 and 38.6, adding information from inspection manuals to rule sections because the manuals will no longer be exhibits to the rules.
§19-133.2-32(4), clarifying that headlamps and their ballasts must have evidence of the manufacturer’s certification on them.
§19-133.2-33(b)(2), removing the requirement for a horn switch to be on the steering wheel, because the existence of an air bag and many electronic switches make repairing a horn switch quite costly. However, if the switch is relocated, it must be to a place that can be accessed easily and quickly.
§19-133.2-34, clarifying that model year 2013 vehicles and older may pass inspection with tint in front of the high mounted stop lamp.
§19-133.2-35(b)(5), adding detail regarding inspecting fenders; amending paragraph (8) to allow a vehicle with an inoperative supplemental restraint system (air bags) to pass inspection; and adding in paragraph (9), inspection criteria for a vehicle frame. There have been vehicle recalls for vehicles with defective frame rust-proofing. The results are frame failure, but our current rules do not address this topic.
§19-133.2-38.5, adding a new section addressing inspection criteria for special interest vehicles.
§19-133.2-40, adding a new section that addresses the inspection of trailers.
The balance of the changes is considered insignificant or housekeeping changes.

The proposed amendments to 19-135 include:
§19-135-3, deleting the definition of "Periodic Moped Inspection Handbook" and adding a definition of "VIN" (vehicle identification number).
§19-135-19, deleting the reference to the Periodic Moped Inspection Handbook. The information is being moved into the rules rather than existing as an attachment.
§19-135-27, deleting all the items to be inspected and inserting a more comprehensive list.
§19-135-28, deleting the scope of inspection and inserting a list of failure criteria to be used when inspecting mopeds.
§19-135-29, deleting the reference to the moped inspection manual.
The balance of the changes is considered insignificant housekeeping changes.

The public hearings will be held by video conference on Monday, January 22, 2018 at 1:00 PM at the following locations:
Maui: DOT Highways Division Maui District Office Conference Room, 650 Palapala Drive, Kahului, HI 96732
Hilo: DOT Highways Division, District Office Conference Room, 50 Makaala St., Hilo, HI 96720
Kauai: DOT Highways Division, District Office Conference Room, 1720 Haleukana Street, Lihue, HI 96766
Kona: Kona International Airport conference room, 73-200 Kupipi Street, Kailua-Kona, HI 96740
Honolulu: DOT 5th Floor conference Room, 869 Punchbowl St., Honolulu, HI 96813
Interested persons are invited to present their views on the proposed rules at the public hearings. Written comments will be accepted through Wednesday, January 24, 2018 at the following address:
Hawaii Department of Transportation
Motor Vehicle Safety Office, Room 511
601 Kamokila Boulevard
Kapolei, HI 96707
Or Fax to 808-692-7665
A copy of the proposed rules may be obtained by calling 808/692-7655. Upon request and receipt of $4.75 payment for postage and printing, a copy will be mailed to the requester. Copies may also be viewed and downloaded free at the Lt. Governor’s web site and:
http://hidot.hawaii.gov/highways/home/doing-business/hawaii-administrative-rules/. A copy of the rules may be reviewed in person at the hearing locations above from 9:00 AM to 3:00 PM Monday through Friday.
Persons with disabilities requiring special assistance should call 808-692-7655 at least two weeks before the hearing.
Jade T. Butay
Interim Director of Transportation
(SA1053901 12/19/17)