HomeMy WebLinkAboutORD 1996-001 1994-1996 COZJ11iTT'I°~ O~ I~A~1~:~; ~TAT~ ®F' I~AWAII
FILL NO. 37
(Draft 5 )
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 24, OF THE HAWAII COUNTY CODE 1983,
RELATING TO RECONSTRUCTED VEHICLES.
BE IT ORDAINED BY THE COUNCII. OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this Ordinance is to allow for the construction or
reconstruction of hobby cars, show cars, hot rods, restored vehicles, antique vehicles, kit cars,
experimental vehicles, solar and electronic vehicles and to provide a legal method for the
reconstruction, special construction and modification of vehicles for the purposes of recreation,
education or experimentation, and the titling, inspection and registration of said vehicles.
Licensed repair facilities in Hawaii modify and repair vehicles all the time. They install
tires, brakes, wheels, brake master cylinders, bearings, fuel systems and fuel pumps, extra or
larger fuel tanks, roll bars, steering wheels and steering assemblies, etc. Such installations may
be factory replacements, but are often aftermarket products, sometimes used parts, and
sometimes parts taken from, or made for, other makes and models. Many items installed on cars
and trucks in Hawaii County that would cause that vehicle to obtain a reconstruction inspection
and permit, such as lift kits and oversized tires, are accomplished at licensed repair facilities. It
is also common that a hobbyist starts a repair or modification and has it completed by a licensed
repair facility. Often vehicles are brought to a repair facility expressly for modification, or
completion of modifications. In the accomplishment of these repairs the repair facility incurs a
liability. No repair facility is required by law to take on any particular repair of any vehicle. It
is left to the facility to decide.
SECTION 2. Chapter 24, Section 24-3 of the Hawaii County Code 1983, is hereby
amended by adding the following definitions and acronyms to be properly inserted and
numbered.
THIS WILL VERIFY THAT TWO-THIRDS
OF THE MEMBERSHIP OF THE HAWAII
COUNTY COUNCIL VOTED TO OVERR
THE MAYOR'S VETO ON B 37
DRAFT 5. t!
COUNCIL HAIRWOMAN.
"Section 24-3. Definitions.
(a) As used in this chapter:
(1 "FMVSS" means the Federal Motor Vehicle Safety Standards, Title 49, Part
571_ Code of Federal Regulation.
(1 "OEM" means Original E~,uiQment Manufacturer Apart or component of
the vehicle which is identical to the part or component on the orieinal vehicle and is supplied b~
the recof,nized manufacturer of the original vehicle.
(1 "OREP" means orieinal Replacement Essential Part which is any~art or
component of a vehicle which is:
(1 Identical in fact or in performance to any part or component offered
as an option for that vehicle by the orieinal manufacturer of the vehicle when new:
{
1 Essential for the safe operation of the vehicle: and
(1 Purchasable through auto parts store dealerships or the original
vehicle manufacturer.
Examples include,
bu~are not limited to, parts and components of a vehicle's engine
transmission differential. steerin~svstem. suspension s~tem,_exhaust system, intakes s~tem•
body parts or lamps and reflectors Apart or component not offered as an option for a vehicle
the original manufacturer of that vehicle. which ma~lter the performance of a vehicle or
may inherently affect adversely the safety or structural inteerity of a vehicle_ its occupants, or
surroundins vehicles or individuals unless specifically exce ted in these rules, shall not be an
original replacement essential part.
( 1~Re~ognize~l manufacturer of vehicles" means every erson who is en~a end
in the business of assembling new components into a complete and o e~rable vehicle intended for
use on the~ublic hi~hwavs and offers the vehicle for distribution and sale in the United States
and is registered as a vehicle manufacturer with the United St tomes Department of Transportation
O "SFI" means SFI Foundation~,Inc 22930 Crenshaw Boulevard. Suite "G"
Torrance~Californi~ 90505."
SECTION 3. Chapter 24, Section 24-33 of the Hawaii County Code 1983, is hereby
amended as follows:
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"Section 24-33. Reconstructed, specially constructed and [hot rod] modified
vehicles; reconstruction affidavit and permit.
(a) No person shall operate upon any street or highway a reconstructed, [or a rebuilt
motor vehicle,] or a specially constructed, or a modified vehicle without first having completed a
reconstruction affidavit and then obtain[ed]i a reconstruction permit for the vehicle from the
chief of police.
(bl The reconstruction affidavit shall be completed by a State of Hawaii Licensed
Mechanic after he has fully inspected the vehicle and found it to have been reconstructed
s e~cially constructed or modified in a "workmanlike manner" and is roadworth~The
reconstruction affidavit shall include the followin~parts•
(11 Vehicle Identification• the affid~.vit shall include the vear make model and
tune of vehicle. If a home built or an experimental vehicle, the make shall be the last name of
the person who constr~cled the vehicle and the model as de, signat~ the builder,~All other
vehicles shall use the make and model of the manufacturer Where different makes are
combined_ the portion marked with the Vehicle Identification Number VIN shall be used The
VIN shall be recorded on the form and if no VIN is available the builder shall assisn one If
the vehicle is a factory manufactured vehicle including kit cars then the year of manufacture
shall be used. If the vehicle is a home built or an ex erimental vehicle, it shalll b~ the
vear the
affidavit is completed.
(21 Affidavit of the Builder- The affic avit of the builder shall
say, "I hereby
swear and attest that the above described vehicl~,w~s reconstructed ecia~ constructed or
modified by me. or under my direction Furthermore,, that all material and marts were
purchased by me_ or otherwise legally obtained " This section of the affidavit shall include the
date the owner's printed name his or her social sec>~y, number and signature
(3) Affidavit of the State of Hawaii Licensed Mechanic• The affidavit of the
State of Hawaii Licensed Mechanic shall
s~av "I hereb~sw~ar and attest that I have i`n~ected the
above described vehicle. and found it to be reconstructed specially constructed or modified in a
workmanlike manner. and consider it roadworth,~!
Furthermore I am familiar with the Hawaii
County Code. Section 24-34 through Section 24-132 and this vehicle meets the re
u~c, irements of
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those sections." This section of the affidavit shall include the date, the inst~ecn
tiny
mechanic's
printed name and si,~natureA Hawaii Mechanic License number and expiration date It shall also
include the name of the
repair facility, the facility's license number and ex iration date the
printed name of the authorized person or owner and si~nature~the name of the facili~'s
insurance com~anv_ and ~ara~e
keeber's
noli~number and
expiration date
Description of the Reconstruction. Special Construction or Modification:
The licensed mechanic that does the inspection shall list on the back of the reconstruction
affidavit a description of the reconstruction. special construction or modification done on the
vehicle.
(5) There shall be a cc~ of the Reconstruction Affidavit for the vehicle owner.
the mechanic. the chief of police and the director of finance.
[(b)] c,~ Before issuing the reconstruction permit, the chief of police or his authorized
representative, shall [require a written report of inspection on the vehicle as to brakes, lights, and
general working conditions, issued by some authority designated by him] certify
that the
reconstruction permit is completed and signed by the vehicle owner and the licensed mechanic
who did the vehicle inspection.
[(c)] d,(~ Permits issued for the operation of reconstructed vehicles may be revoked at any
time the chief of police has reason to believe that such vehicles are a menace to traffic.
[(d)]~e The department of finance shall not register any reconstructed vehicle unless the
applicant has presented to the director of finance the certified reconstn ction affidavit:
reconstruction permit and if it is a factory manufactured vehicler the "Certificate of Ori in,~ " or
legal title On the new title and regeistration an "R" shall be placed after the model eY ar to
si~,nifv the vehicle is re~~,nstructed. For home built or
experimental vehicles the affidavit shall
suffice for title and re~ist~tion when accompanied with the reconstruction permit.
(fl This section shall not reauire any repair facility to accomplish the inspection and
affidavit and to this end the inspection and affidavit shall be at the discretion of the repair
facilit .
(~hThis section shall not set a rate for what a repair facility can charge for the
reconstruction inspection and affidavit. as the extent of such an inspection would be determined
4
by the extent of the reconstruction, s ecp ia1 coonstruction or modification.
h) Re nstructed vehicles shall be
exempt from the requirement for an en ine hood..
rovi e 11 movin arts are shielded. Reconstru d vehicle are exem t from the re uirement
from fenders or mud guards Section 24-105~,,.provided their operation is limited to drv
conditions If conditions should change durine the operation of such a vehicle, the o erat r shall
drive the vehicle to where it is normally earaeed at a spee~and time reasonable for the
conditions.
(i) This section shall apply to all types of motor vehicles. including motorcycles. three
wheel vehicles. and trucks.
(il
Further modification or reconstruction bead that listed on the back of the affidavit
at the time of the orisinal inspection shall require an additional inspection and affidavit to be
certifiec~by the chief of o~,lice.
(k) A reconstruction affidavit and permit shall be transferable as long as no other
reconstruction has taken lace subsec.~,uent to the d~.te of the affidavit and e
(,1~Applicability.
(1) This section applies to all vehicles operated upon the public streets and
hi~hway~ except:
(A) Motor carrier vehicles subiect to chapter 286, ,part XI, Hawaii
Revised St~tutes~
(Bl Vehicles restored to the structural and equi went condition as
originally manufac red bra reco n~ized manufacturer of vehicles:
~C) Vehicles in which worn or dama e~ d original structural members or
parts are replaced with items which are substantiallythe equivalent of the original structural
member or part:
(D) Vehicles in which worn or ~iam,~eed orieinal structural members or
parts are repaired to a condition which is substantially equivalent to the orisinal condition of the
atruc oral member or ,part:
(E) Vehicles which are modified only by the installation of special
controls for the use of handicapped drivers where the installation of those controls does not
5
prevent the normal use of the s~~n and controls .provided in the ori,~,inal vehicle bathe
reco ng ized manufacturer of the vehicle when newt
(Fl Vehicles which are modified only by the addition of a dual control
capability for the purpose of instructin dr~ivers~
(G New vehicles which are completed or modified by recognized
manufacturers of vehicles other than the original manufacturer when those vehicles are certified
and labeled in accordance with applicable federal reguulations: and
(Hl Cab and chassis with specially mounted rear custom-made bodies
designed for a s ep cial~urpose which meets all FMVSS and complies with other state safety
rules and county safety ordinances as lone as the cab and chassis have not themselves been
altered.
(21 A vehicle shall be considered to be a reconstructed vehicle subject to this
section if any of the conditions in subsections 3 to (141 are met.
3~1En,~ine.
(A The original engine installed by the recognized manufacturer of the
vehicle when new is relocated in the vehicle or is replaced with an engine that is not an OREP
en~in~
(B1 An OREP
engine that can be installed with OEM mounts will not
cause the vehicle to be subiect to this section.
~4~ Combustion ensine and fuel system.
~Al The carburetor fuel infection sxstem}air intake svstem. intake
manifolds or fuel tank of the original svstem installed the recognized manufacturer of the
vehicle when new are replaced with other than OREP components:
(B1 The mere installation of an aftermarket supercharger or turbocharger.
carburetor intake manifold water inieclion and air cleaner cataloged or otherwise designated as
a street application shall not be subiect to this section however the vehicle shall be capable of
meetin,~all other criteria established in this chapter:
(Cl The conversions of a gasoline fuel svstem to aepropane or liquefied
petroleum gas (LPGI fuel svstem or dual-fuel svstem shall not cause the vehicle to be subiect to
6
this section.
5) Transmission.
~A The original transmission installed by he reco nized manufacturer of
the vehicle when new is relocated in the vehicle or is replaced with ~,tra.nsmission that is not
OREP equipment:
~B~ Merel~n~,ins the location or
y~e of the transmission control
mechanism shall not cause the vehicle to be sub'ect to this section
6 Rims.,
(A) The original rims installed b~ the recognized manufacturer of the
vehicle when new are reverse mounted or are replaced with other than OREP rims of a different
size (plus or minus one inch rim diameter or plus or minus two inches rim widths or
configurations offset or reverse lype~;
(Bl
Merely installin~s,~ecial rims offered as an option by the reco ng ized
manufacturer of the vehicle when new. or merely installin~,special rims of the same size,~plus or
minus one inch rim diameter. or,_,Qlus or minus two inches rim width) which meet or exceed the
SFI requirements. shall not cause the vehicle to be sub1ect to this section.
(7) Suspension sy~Xem.
(Al
The
original suspension system components (s rims, torsion bars.
shock absorbers, way bars. et~,installed bathe recognized manufacturer of the vehicle when
new are:
(il Replaced with gther than OREP cgm~onents: or
(ii) Adiusted. or equipped with added components to change the
height of the vehicle frame as measured from the axle to frame from ghat specified bathe
reco n~ ez d manufacture~f the vehicle when new:
B) In tallin~,helher or overload shrines to the vehicle suspension simply
to increase the vehicle load bearin,~capacity. shall not cause the vehicle to be subject to this
~ection„~Yen if it raises the vehicle slightly:
(C) Installation of a single spacer block to the front suspension of a
vehicle with the capability to deliver motive power to more than one axle specifically for Xhe
7
a4
urvose of levelin the front of an OEM vehicle with its rte. shall no cause the vehicle to be
subject to this section.
(D~ The conversion of a two-wheel drive vehicle to a four-wheel drive
shall not cause the vehicle to be subiect to this section so long as there is a four-wheel drive
version of that make and model of vehicle and the converted vehicle does not exceed the
manufacturers' specification set forth for the four-wheel drive version of the vehicle
(8) Vehicle Bodv.
(A) The original vehicle Bodv installed by the recosnized manufacturer
of the vehicle when new is:
i Re laced with a
body that is other than an OEM
bodv~
ii) Modified by renlacin~the hood. fenders. doors, or other body
assemblies with other than OREP com op nentsa
(iii) Modified by the removal of s.~nificant portions of the hood,
fenders~,doors. or other body assemblies:
(iv~Modified by changing the size of the windshield. or by
changin
tg he size of any window or window oper~in~;
~vl
Modified by chanein~ethe location of the driver's seating
position within Xhe vehicle which requires modification of the vehicle's floor an: or
(vi) Modified by additions to the hood. fenders, doors. or other
body assemblies which significantly chanse the appearance or funEtion of the Bodv components;
(Bl
The following modifications to the vehicle body sin°,~lv or in and
combination shall not cause the vehicle to be sus baect~o this section:
(i) The removal or addition of d~.corative or protective items of
trim:
(ii) The removal or~han~e of the front erille ~ass~mbl~;
(iiil The removal or addition of car top or,~ide carriers.~6~e racks.
lau to Mass racks and sli ~-in campers:
(ivj The removal or addition of rollbars or grille~uard assemblies:
~,v~The removal or addition of front or rear bicycle carriers,
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motorcycle carriers. s are tire carriers:
vil The filling and smoothin og_f bod~eams a.n~i small o~enines
used for the attachment of trim locks etc.
(vii) The addition of small openiq~s, such as hood louvers. roof
obenines
or bubble windows. which do not significantly change the overall contour of the bodv
component;
(viii) Aesthetic hoodscoop~ anon-operational or hood
protuberances which do not obstruct the driver's view of the roadway;
(ix) The addition or removal of an~adio antenna;
(xl The addition of anv lamp or reflective devi~e~
(xi) The addition of anv item or component. not otherwise
specified in this section. that is located entirelX within the bodv
shell:
~,xiil Thyaddition qr removal of motorcycle windshields or
fairin
,sue:
or
(xiiil The addition to the cargo box of a truck, employee carrvins
meats or overhead canopy or both if the addition meets county safety ordinance.
(91 Vehicle frame.
~Al The~ri ing al vehi~le_.frame, or anv chassis structural assembly used as
~ frame installed b_y the recognized manufacturer of the vehicle when new is chanced or
modified in anX mannerA
(B) Merel~installin~ attachment devices such as trailer hitch assemblies
or
supports for auxiliary ui ment, shall nol cause the vehicle to be sub'ei ct to this section.
10 Axles An orieinal axle, or assembly which functions as an axle. installed
,the recognized manufacturer of the vehicle when new is:
~Al
Replaced with other than an QREP axle:
(Bl Relocated to a different osition with respect to the vehicle frame: or
(~~Modified to a different configuration or dimension._
x„111
Steeri.~,~,~stem.
(A Anv griginal steerin~svstem component installed by the recognized
9
manufacturer of the vehicle when new is:
ail Re
In aced with other thin an OREP com onent or
iii) Modified or relo ate ed in anv manner:
.~Bj M~rel~replacing the steerin~,wheel with a "custom"
tvpe
steering
wheel of the same diameter and impact absor in charac eristics shall not cause the vehicle to be
subject to this section.
(121 Exhaust s~stgm. The modification or replacement of exhaust svstem
components such as the installation of headers shall not cause the vehicle to be subjec,~ to this
section however. anv vehicle that is otherwise sub'e~ ct to this chapter shall be.~rovided with an
exhaust
svstem which meets the criteria established in th~~~hapter
(13) Exterior lamps and reflector~b
(Al The original head lamps. tail lamps,m~rker
lamps. s~nal lams or
exterior reflectors installed by the recog~,nized manufac urer of the vehicle whin new area
(i) Replaced v~ith other than OREP ~omponentss_or
~iij Relocated in a runner that significantly chap eg s the
appearance of the vehicles
(B)
The r~plaF~ment of exterior lamps or reflectors with OREP
components. or the installation of supplemental lamps or reflectors shall not cause the vehicle to
be subiect to this sections however, and vehicle that is otherwise subject to this chapter~chal,~ be
provided with exterior lamas and reflectors which meet the criteria establi,~hed in this chapter.
14) Brakes. Anv original service brakes stv em or~parking brake svstem
c,~mpQnen i,r~stalled t y the recoenized manufacturer of the vehicle when new is:
(Al Replaced with other than ORF,P components;
(Bl Modified in anv manner except for the installation of OEM or OREP
manufactured for 1h~I v~hi~~e; or
Relocated in
anv
manner
"
SECTION 4. New material is underscored. Material to be repealed is bracketed. In
printing this ordinance, the brackets, bracketed material and the underscoring need not be
included.
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SECTION 5. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, such invalidity shall not effect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 6. This ordinance shall take effect upon its adoption.
IN DUCED BY:
CO MBER, COUNTY OF HAWAII
RATH/ej a
Hilo, Hawaii
Date of Introduction: November 15, 1995
Date of 1st Reading: November 15, 1995
Date of 2nd Reading: December 5, 1995
Effective Date: January 3 , 1996
-i ..~L
Date
11
OFFICE OF THE COUNTY CLERK
County of Hawaii "
Hilo .Hawaii ~
DRAFT S ' 95 DEC 20 i 1 5?
r~°~ ~~LL VOTE LE
Introduced By: Jim Rath
Date Introduced: November 15, 1995 X
Bonk-Abramson X
First Reading: November 15, 1995
November 24 , 1995 Childs X
Published:
De Loma X
REMARKS: Domingo X
Osorio X
Rath
Ray x
smith
7 1 1 0
(DRAFT 5)
ROLL CALL VOTE
Second Reading: ~~ember 5 . ],~95 AYES NOES ABS EX
To Mayor: Decanber 7 , 1995
Returned: December 20 1995 X
~ Bonk-Abramson
Childs x
De Lima X
REMARKS: Domingo X
Mayors letter of disapproval-12/20/95 Osorio X
Reconsidered Bill 37, Draft 5 - X
01/03/96 Ray X
Smith x
7 2 0 0
I DO IiEREBYCERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above.
r~
CO IL C RMAN
GG%
COUNTY CLERK
Disapproved this day
of ~ .19.
37 (Draft 5 )
YO , COUNTS' OF II Bill No.:
Reference: C-163/F'C-152
Ord No.:
OFFICE OF TEIE COUNT~C CLERIC
County of I~advaii
Hilo , I~awaii
ROLL CALL VOTE
AYES NOES ABS EX
Introduced By: Arakaki
Date Introduced: Bonk-Abramson
First Reading:
Childs
Published: '
De Lima
REMARKS: Domingo
Osorio
Rath
Ray
Smi
(DRAFT 5)
Reconsideration: January 3 , 1996 ROLL CALL VOTE
AYES NOES ABS EX
~~K Arakaki X
I$~~iK
Effective: January 3 , 1996 Bonk-Abramson X
Published January 10, 1996 X
De Lima X
REMARKS: Domingo X
Osorio X
Rath X
~Y X
Smith X
8 1 0 0
I DO IIEIZE~Y CE1Z1-IFY that the foregoing BILL zvas adopted by the County Council aced published as
indicated above.
COUNCIL CI~IAIRMAN ,
COUNTY CLERK
Approved/Disapproved this day
of 19
37 (Draft 5)
MAYDR, COUNTY OF HA6NAII BiII No.:
Reference: C-16 3 / FC-15 2
Ord No.:
I HEREBY CERTIFY that Ordinance Bill 37, Draft 5, passed
upon reconsideration after veto, pursuant to Section 3-13, County
Charter, County of Hawaii, at the meeting of the County Council on
January 3, 1996, by the following aye and no vote:
AYES: Councilmembers Arakaki, Childs, De Lima, Domingo,
Osorio, Rath, Ray and Smith - 8.
NOES: Councilmember Bonk-Abramson - 1.
r-~
COUNCIL CHAIRMAN
COUNTY CLERK