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HomeMy WebLinkAboutORD 1996-112 1994-1996 COLTN'TY OF I~i~tiVAII ~'T~~T`~ O~ ]E-IA.W~II BILL NO. 312 ORl7INANCE NO. AN ORDINANCE AMENDING CHAPTER 24, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION) RELATING TO RECONSTRUCTED VEHICLES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The purpose of this Ordinance is to repeal Section 24-33, "Reconstructed, specially constructed and modified vehicles; reconstruction affidavit and permit," Chapter 24 of the Hawaii County Code. This Ordinance will also repeal the definitions in Section 24-3 that applied only to Section 24-33. SECTION 2. Chapter 24, Section 24-3 of the Hawaii County Code 1983, is hereby amended by repealing the following definitions and acronyms. "Section 24-3. Definitions. (a) As used in this chapter: [O "FMVSS" means the Federal Motor Vehicle Safety Standards, Title 49, Part 571, Code of Federal Regulation. O "OEM" means Original Equipment Manufacturer. Apart or component of the vehicle which is identical to the part or component on the original vehicle and is supplied by the recognized manufacturer of the original vehicle. ( ) "OREP" means original Replacement Essential Part which is any part or component of a vehicle which is: ( ) Identical in fact or in performance to any part or component offered as an option for that vehicle by the original manufacturer of the vehicle when new; ( ) Essential for the safe operation of the vehicle: and Purchasable through auto parts store dealerships or the original vehicle manufacturer. Examples include, but are not limited to, parts and components of a vehicle's engine, transmission, differential, steering system, suspension svstem, exhaust system, intake system, body parts, or lamps and reflectors, Apart or component not offered as an option for a vehicle by the original manufacturer of that vehicle, which may alter the performance of a vehicle or may inherently affect adversely the safety or structural integrity of a vehicle, its occupants, or surrounding vehicles or individuals, unless specifically excepted in these rules, shall not be an original replacement essential part. O "Recognized manufacturer of vehicles" means every person who is engaged in the business of assembling new components into a complete and operable vehicle intended for use on the public highways and offers the vehicle for distribution and sale in the United States and is registered as a vehicle manufacturer with the United States Department of Transportation. O "SFI" means SFI Foundation, Inc., 22930 Crenshaw Boulevard, Suite "G" Torrance, California 90505."] SECTION 3. Chapter 24, Section 24-33 of the Hawaii County Code 1983, is hereby repealed: [Section 24-33. Reconstructed, specially constructed and modified vehicles; reconstruction affidavit and permit. (a) No person shall operate upon any street or hiV~hway a reconstructed,or a specially constructed, or a modified ~ ehicle without first having completed a reconstniction affidavit and then obtainin<< a reconstruction permit for the vehicle from the chief of police. (b) The reconstniction 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, specially constructed or modified in a "workmanlike manner" and is roadworthy. The reconstruction affidavit shall include the following parts: (1) Vehicle Identification: the affidavit shall include the year, make, model and type of vehicle. If a home built, or an experimental vehicle, the make shall be the last name of the person who constructed the vehicle, and the model as designated by 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 assign 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 experimental vehicle, it shall be the year the affidavit is completed. (2) Affidavit of the Builder: The affidavit of the builder shall say, "I hereby swear and attest that the above described vehicle was reconstructed, specially constructed or modified by me, or under my direction. Furthermore, that all materials and parts 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 security number and signature. (3) Affidavit of the State of Hawaii Licensed Mechanic: The affidavit of the State of Hawaii Licensed Mechanic shall say, "I hereby swear and attest that I have inspected the above described vehicle, and found it to be reconstructed, specially constructed or modified in a workmanlike manner, and consider it roadworthy. Furthermore, I am familiar with the Hawaii County Code, Section 24-34 through Section 24-132, and this vehicle meets the requirements of those sections." This section of the affidavit shall include the date, the inspecting mechanic's printed name and signature, Hawaii IVlechanic License number and expiration date. It shall also include the name of the repair facility, the facility's license number and expiration date, the printed name of the authorized person or owner and signature, the name of the facility's insurance company, and garage keeper's policy number and expiration date. (4) Description of the Reconstruction, Special Construction or l~~Iodification: 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 copy of the Reconstruction Affidavit for the vehicle owner; the mechanic, the chief of police and the director of finance. (c) Before issuing the reconstruction permit, the chief of police or his authorized representative, shall certify that the reconstruction permit is completed and signed by the vehicle owner and the licensed mechanic who did the vehicle inspection. (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. (e) The department of finance shall not register an_y reconstructed vehicle unless the applicant has presented to the director of finance the certified reconstruction affidavit, reconstruction permit and, if it is a factory manufactured vehicle, the "Certificate of Origin" or legal title. On the new title and re~~istration an "R" shall be placed after the model vear to signify the vehicle is reconstnicted. For home built or experimental vehicles the affidavit shall suffice for title and registration when accompanied with the reconstruction permit. (t~ This section shall not require 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~- 1 This section shall not set a rate i~~r ~~~hat a repair facility can char~~e fir the reconsu~uction inspection and ai~tida~~it. as the extent of such an inspection ~~ould be determined by the extent of the reconstruction, special construction or modification. (h) Reconstructed vehicles shall be exempt from the requirement for an engine hood, provided all moving parts are shielded. Reconstructed vehicles are exempt from the requirement frotn fenders or mud guards (Section 24-105), provided their operation is limited to dry conditions. If conditions should change during the operation of such a vehicle, the operator shall drive the vehicle to where it is normally garaged at a speed and time reasonable for the conditions. (i) This section shall apply to all types of motor vehicles, including motorcycles, three wheel vehicles, and trucks. (j) Further modification or reconstruction beyond that listed on the back of the affidavit at the time of the original inspection shall require an additional inspection and affidavit to be certified by the chief of police. (k) A reconstruction affidavit and permit shall be transferable as long as no other reconstruction has taken place subsequent to the date of the affidavit and permit. (1) Applicability. (1) This section applies to all vehicles operated upon the public streets and highways except: (A) Motor carrier vehicles subject to chapter 286, part XI, Hawaii Revised Statutes; (B) Vehicles restored to the structural and equipment condition as orivsinally manufactured by a recognized manufacturer of vehicles; (C) Vehicles in which worn or damaged original structural members or parts are replaced with items which are substantially the equivalent of the original structural member or part; (D) Vehicles in ~~~hich worn or damaged original structural members or parts are repaired to a condition which is substantially equivalent to the ~~ri~_inal condition of the structural member or part; (I,) Vehicles ~~~hich are modified only by the installation of special controls for the use of handicapped drivers, where the installation of those controls does not prevent the normal use of the standard controls provided in the original vehicle by the recognized manufacturer of the vehicle when new; (F) Vehicles ~vhic}r are modified only b_y' the addition of a dual control capability for the purpose of instructing drivers; (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 regulations; and (H) ~ Cab and chassis with specially mounted rear custom-made bodies desi~~ned for a special purpose which meets all FMVSS and complies with other state safety rules and county safety ordinances as long as the cab and chassis have not themselves been altered. (2) A vehicle shall be considered to be a reconstructed vehicle subject to this section if any of the conditions in subsections (3) to (14) are met. (3) Engine. (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 engine; (B) An OREP engine that can be installed with OEM mounts will not cause the vehicle to he subject to this section. (4) Combustion engine and fuel system. (.A) The carburetor, fuel injection svstem, air intake system, intake manifolds, or fuel tank of the ori~~inal svstem installed by the reco«nized manufacturer of the vehicle when new are replaced with other than ORCP components; (f3 j The mere installation oi' an aftermarket supercharger or turhochar~~er. carburetor. intake manit~~ld_ water injection and air . cleaner cataloged or otherwise designated as a street application shall not be subject to this section; however, the vehicle shall be capable of meeting all other criteria established in this chapter; (C) The conversions of a gasoline fuel system to a propane or liquefied petroleum gas (LPG) fuel system or dual-fuel system shall not cause the vehicle to be subject to this section. (5) Transmission. (A) The original transmission installed by the recognized manufacturer of the vehicle when new is relocated in the vehicle or is replaced with a transmission that is not OREP equipment; (B) ~ Merely changing the location or type of the transmission control mechanism shall not cause the vehicle to be subject to this section. (6) Rims. (A) The original rims installed by 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 width) or configurations (offset or reverse type); (B) Merely installing special rims offered as an option by the recognized manufacturer of the vehicle when new, or merely installing special rims of the same size (plus or minus one inch rim diameter, or, plus or minus two inches rim width) which meet or exceed the SFI requirements, shall not cause the vehicle to be subject to this section. (7) Suspension system. The ori~~inal suspension svstem components (springs, torsion bars, shock absorbers. ~i~av bars, etc.) installed by the recognized manufacturer of the ~~ehicle ~ti~hen new are' (i) IZc~~laced ~~ith other than OREP components: or (ii) Adjusted, or equipped with added components, to change the height of the vehicle frame, as measured from the axle to frame, from that specified by the recognized manufacturer of the vehicle when new; (B) Installing helper or overload springs to the vehicle suspension, simply to increase the vehicle load bearing capacity, shall not cause the vehicle to be subject to this section, even if it raises the vehicle slightly; (C) Installation of a single spacer block to the front suspe~ision of a vehicle with the capability to deliver motive power to more than " one axle, specifically for the purpose of leveling the front of an OEM vehicle with its rear, shall not 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 subject 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 Body. (A) The original ~~ehicle body installed by the recognized manufacturer of the vehicle when new is: (i) Replayed with a body that is other than an OE1~1 body; (ii) 1~lodified by replacing the hood, tenders, doors. or other bode assemblies with other than OREP components; (iii) >\toditiecl by the removal of si~~nificant portions of the hood. renders, doors, or other bode assemblies; (iv) ~loditied by changing the size of the ~~~indshield. or by chan<<in~_ the size of anv windo~~~ or window openin~~: (v) Modified by changing the location of the driver's seating position within the vehicle which requires modification of the vehicle's floor pan; or (vi) Modified by additions to the hood, fenders, doors, or other body assemblies which significantly change the appearance or fimction of the body components; (B) The following modifications to the vehicle body, singly or in any combination, shall not cause the vehicle to be subject to this section; (i) The removal or addition of decorative or protective items of trim; (ii) The removal or change of the front grille assembly; (iii) The removal or addition of car top or side carriers, pipe racks, plate glass racks and slide-in campers; (iv) The removal or addition of rollbars or ;grille guard assemblies; (v) The removal or addition of front or rear bicycle carriers, motorcycle carriers, spare tire carriers; (vi) The tilling and smoothing of body seams and small openings used for the attachment of trim, locks, etc.; (vii) The addition of small openings, such as hood louvers, roof openings, or bubble windows, which do not significantly change the overall contour of the body component; (viii) Aesthetic hoodscoops (non-operational) or hood protuberances which do not obstruct the driver's view of the roadway; (i~) The addition or removal of any radio antenna; (x) The addition of any lamp or reflective device; (xi) The ,addition ot~anv item or component. not otherwise specified in this section, that is located entirely within the body shell; (xii) The addition or removal of motorcycle windshields or fairings; or (xiii) The addition, to the cargo box of a truck, employee carrying seats or overhead canopy or both if the addition meets county safety ordinance. (9) Vehicle frame. (A) The original vehicle frame, or any chassis structural assembly used as a frame, installed by the recognized manufacturer of the vehicle " when new is changed or modified in any manner; (B) Merely installing attachment devices, such as trailer hitch assemblies or supports for auxiliary equipment, shall not cause the vehicle to be subject to this section. (10) Axles. An original axle, or assembly which functions as an axle, installed by the recognized manufacturer of the vehicle when new is; (A) Replaced with other than an OREP axle; (B) Relocated to a different position with respect to the vehicle frame; or (C) Modified to a different configuration or dimension. (11) Steering system. (A) Any original steering system component installed by the recognized manufacturer of the vehicle when new is: (i) Replaced with other than an OREP component; or (ii) Modified or relocated in any manner; (B) Merely replacinv~ the steering wheel with a "custom" type steering wheel of the same diameter and impact absorbing characteristics shall not cause the vehicle to be subject to this section. (1?) Exhaust system. The modification or replacement of exhaust system IU components such as the installation of headers shall not cause the vehicle to be subject to this section; however, any vehicle that is otherwise subject to this chapter shall be provided with an exhaust system which meets the criteria established in this chapter. (13) Exterior lamps and reflectors. (A) The original head lamps, tail lamps, marker lamps, signal lamps, or exterior reflectors installed by the recognized manufacturer of the vehicle when ne~v are; (i) Replaced with other than OREP components; or (ii) Relocated in a manner that significantly changes the appearance of the vehicle; (B) The replacement of exterior lamps or reflectors with OREP components, or the installation of supplemental lamps or reflectors shall not cause the vehicle to be subject to this section; however, any vehicle that is otherwise subject to this chapter shall be provided with exterior lamps and reflectors which meet the criteria established in this chapter. (14) Brakes. Any original service brake system or parking brake system component installed by the recognized manufacturer of the vehicle when new is: (A) Replaced with other than OREP components; (B) Modified in an_y manner except for the installation of OEM or OREP manufactured for that vehicle; or (C) Relocated in an_y manner.] SECTION 4. Material to be repealed is bracketed. SECTION 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. I1 SECTION 6. This ordinance shall take effect upon its adoption. INT DUCED BY: ,:~,,:k: - OUNC 1VIE , CO F HAWAII BDL/ej a Hilo, Hawaii Date of Introduction: August 23, 1996 Date of 1st Reading: August 23, 1996 Date of 2nd Reading: September 6, 1996 Effective Date: September 19, 1996 REFEfcEt~lCEc Cam. 131 ~ . _ . _ t_~.'~,~''.i~.~ '.i,'.;'r;'.,I I~' OFFICE OF THE COUNTY CLERK County of Hawaii -Hilo ,Hawaii , , . ROLL CALL V TE AYES NOES ABS EX Introduced By: Jim Rath Date Introduced: August 23, 1996 Ar~~' X First Reading: August 23, 1996 Easle X Published: N/A Childs De Lima X REMARKS: Domingo X Osorio Van De Car X ~Y X Smith ~ 8 0 1 0 ROLL CALL VOTE Second Reading: September 6, 1996 AYES NOES ABS EX To Mayor: September 11, 1996 Returned: September 19, 1996_ !~r~~ X Effective: September 19, .1996 Easley X Published September 301 1996 Childs X De Lima RE.'~IARKS: Domingo X Osorio Van De Car X ~Y X Smith X 7 0 2 0 I DO HF,I:EBY CERTIFY that the foregoing BILL was adopted by the County Council and published as indicated above. ~ COURTCIL C IRMAN LAC vh-~~~~ COUNTY CLERK Ayyrov d/ this dad of 19~,~. ~,41~1 )R, COUNTY I WA[I Bill No.: 312 C-1311/FC-289 Reference: Ord. Nr~.: