HomeMy WebLinkAboutORD 1962-123BILL N0. 125
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. 12~_
AN ORDINANCE REPEALING SECTIUNS 90, 91, 92, 93, 94, 95, 96, 97,
9$, 99, 100, 101, 102, 103, AND 104 OF ORDINANCE 25 OF THE
REVISED ORDINANCES OF THE COUNTY OF HAWAII, AS AMENDED, AND
ADDING THERE NEW SECTIONS RELATING TO VEHICLE EQUIPMEb'T.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS IN AND FOR THE
COUNTY OF HAWAII:
SECTION 1. Sections 90, 91, 92, 93, 94, 95> 96, 97, 9$,
99, 100, 101, 102, 103, and 104 of Ordinance 25 of the Revised
.,Ordinances of the County of Hawaii, 1960, as amended, are
~~ hereby repealed.
SECTION 2. Ordinance 25 of the Revised Ordinances of the
County of Hawaii, 1960, as amended, is hereby further amended
by adding the following after Section $9.01:
Equipment of Vehicles
Section 90.01. Scope and effect of regulations
(a) No person shall drive or move or no owner shall
cause or knowingly permit to be driven or moved on any
highway any vehicle or combination of vehicles which is in
such unsafe condition as to endanger any person, or which
does not contain those parts or is not at all times equipped
with such lamps and other equipment in proper condition and
adjustment as required in this ordinance, or which is equipped
in any manner in violation of this ordinance, or for any
person to do any act forbidden or fail to perform any act
required under this ordinance.
(b) Nothing contained in this ordinance shall be
construed to prohibit the use of additional parts and
accessories on any vehicle not inconsistent with the pro-
visions of this ordinance.
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(c) The provisions of this part with respect to
equipment on vehicles shall not apply to implements of
husbandry, road machinery, road rollers or farm tractors
except as herein made applicable.
Section 90.02. When lighted lamps are required
Every vehicle upon a highway within this County at
any time from a half hour after sunset to a half hour be-
for sunrise and at any other time when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a
distance of 500 feet ahead shall display lighted lamps and
illuminating devices as hereinafter respectively required
for different classes of vehicles, subject to exceptions
with respect to parked vehicles.
Section 90.03. Visibility distance and mounted height
of lamps
(a) Whenever requirement is hereinafter declared as
to distance from which certain lamps and devices shall
render objects visible or within which such lamps or devices
shall be visible, said provisions shall apply during the
times stated in Section 90.02 in respect to a vehicle with-
out load when upon a straight, level, unlighted highway
under normal atmospheric conditions unless a different time
or condition is expressly stated.
(b) Whenever requirement is hereinafter declared as
to the mounted height of lamps or devices it shall mean
from the center of such lamp or device to the level ground
upon which the vehicle stands when such vehicle is without
a load.
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Section 90.04. Head lamps on motor vehicles
(a) Every motor vehicle other than a motorcycle or
motor-driven cycle shall be equipped with at least two
head lamps with at least one on each side of the front of
the motor vehicle, which head lamps shall comply with the
requirements and limitations set forth in this ordinance.
(b) Every motorcycle and every motor-driven cycle
shall be equipped with at least one and not more than two
head lamps which shall comply with the requirements and
limitations of this ordinance.
(c) Every head lamp upon every motor vehicle, in-
cluding every motorcycle and motor-driven cycle, shall be
located at a height measured from the center of the head
lamp of not more than 54 inches nor less than 24 inches to
be measured as set forth in Section 90.03 (b).
Section 90.05. Tail lamps
(a) Every motor vehicle, trailer, semitrailer and
pole trailer, and any other vehicle which is being drawn
at the end of a train of vehicles, shall be equipped with
at least one tail lamp mounted on the rear, which, when
lighted as hereinbefore required, shall emit a red light
plainly visible from a distance of 500 feet to the rear,
provided that in the case of a train of vehicles only the
tail lamp on the rearmost vehicle need actually be seen
from the distance specified. And further, every such
above-mentioned vehicle, other than a truck tractor, re-
gistered in this County and manufactured or assembled
after July 1, 1961 shall be equipped with at least two tail
lamps mounted on the rear, on the same level and as widely
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spaced laterally as practicable, which, when lighted as
herein required, shall comply with the provisions of this
section.
(b) Every tail lamp upon every vehicle shall be lo-
Gated at a height of not more than ~2 inches nor less than
20 inches.
(c) Either a tail lamp or a separate lamp shall be
so constructed and placed as to illuminate with a white
light the rear registration plate and render it clearly
legible from a distance of 50 feet to the rear. Any tail
lamp or tail lamps, together with any separate lamp for
illuminating the rear registration plate, shall be so wired
as to be lighted whenever the head lamps or auxiliary
driving lamps are lighted.
Section 90.06. New motor vehicles to be equipped with
reflectors
(a) Every new motor vehicle hereafter sold and operated
upon a highway other than a truck tractor shall carry on
the rear, either as a part of the tail lamps or separately,
two red reflectors, except that every motorcycle and every
motor-driven cycle shall carry at least one reflector,
meeting the requirements of this section, and except that
vehicles of the type mentioned in Section 90.0$ shall be
equipped with reflectors as required in those sections
applicable thereto.
(b) Every such reflector shall be mounted on the
vehicle at a height not less than 20 inches nor more than
60 inches measured as set forth in Section 90.Ok (b), and
shall be of such size and characteristics and so mounted
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as to be visible at night from all distances within 350
feet to 100 feet from such vehicle when directly in front
of lawful upper beams of head lamps, except that visibi-
lity from a greater distance is hereinafter required of
reflectors on certain types of vehicles.
Section 90.0. Stop lamps and turn signals required
on new motor vehicles
(a) No person shall sell or offer for sale or operate
on the highways any motor vehicle registered in this County
and manufactured or assembled after July 1, 1961 unless it
is equipped with at least two stop lamps meeting the re-
quirements of Section 90.20 except that a motorcycle, motor-
driven cycle or truck tractor manufactured or assembled
after said date shall be equipped with at least one stop
lamp meeting the requirements of said Section 90.20.
(b) No person shall sell or offer for sale or operate
on the highways any motor vehicle, trailer or semitrailer
registered in this County and manufactured or assembled
after July 1, 1961 unless it is equipped with electrical
turn signals meeting the requirements of Section 90.20.
This paragraph shall not apply to any motorcycle or motor-
driven cycle.
Section 90.0$. Application of succeeding sections
Those sections of this ordinance which follow imme-
diately, including Sections 90.09, 90.10, 90.11, 90.12,
and 90.13, relating to clearance and marker lamps, reflec-
tors and stop lights, shall apply as stated in said
sections to vehicles of the type therein enumerated,
namely passenger buses, trucks, truck tractors, and cer-
tain trailers, semitrailers and pole trailers, respectively,
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when operated upon any highway, and said vehicles shall
be equipped as required and all lamp equipment required
shall be lighted at the time mentioned in Section 90.02,
except that clearance and side marker lamps need not be
lighted on any said vehicle when operated within any
municipality where there is sufficient light to render
clearly discernible persons and vehicles on the highway
at a distance of 500 feet.
Section 90.09. Additional equipment required on
certain vehicles
In addition to other equipment required in this
ordinance, the following vehicles shall be equipped as
herein stated under the conditions stated in Section 90.0$.
(a) On every bus or truck, whatever its size, there
shall be the following:
On the rear, two reflectors, one at each side,
and one stop light.
(b) On every bus or truck $0 inches or more in over-
all width, in addition to the requirements in paragraph (a):
On the front, two clearance lamps, one at each side.
On the rear, two clearance lamps, one at each side.
On each side, two side marker lamps, one at or
near the front and one at or near the rear.
On each side, two reflectors, one at or near the
front and one at or near the rear.
(c) On every truck tractor:
On the front, two clearance lamps, one at each
side.
On the rear, one stop light.
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(d) On every trailer or semitrailer having a gross
weight in excess of 3,000 pounds:
On the front, two clearance lamps, one at each
side.
On each side, two side marker lamps, one at or
near the front and one at or near the rear.
On each side, two reflectors, one at or near the
front and one at or near the rear.
On the rear, two clearance lamps, one at each
side, also two reflectors, one at each side, and one
stop light.
(e) On every pole trailer in excess of 3,000 pounds
gross weight:
On each side, one side marker lamp and one
clearance lamp which may be in combination, to show
to the front, side and rear.
On the rear of the pole trailer or load, two re-
flectors, one at each side.
(f) On every trailer, semitrailer or pole trailer
weighing 3,000 pounds gross or less:
On the rear, two reflectors, one on each side.
If any trailer or semitrailer is so loaded or is of
such dimensions as to obscure the stop light on the
towing vehicle, then such vehicle shall also be
equipped with one stop light.
Section 90.10. Color of clearance lamps, side marker
lamps, back-up lamps and reflectors
(a) Front clearance lamps and those marker lamps and
reflectors mounted on the front or on the side near the
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front of a vehicle shall display or reflect an amber
color.
(b) Rear clearance lamps and those marker lamps and
reflectors mounted on the rear or on the sides near the
rear of a vehicle shall display or reflect a red color.
(c) All lighting devices and reflectors mounted on
the rear of any vehicle shall display or reflect a red
color, except the stop light or other signal device, which
may be red, amber or yellow, and except that the light
illuminating the license plate shall be white and the light
emitted by a back-up lamp shall be white or amber.
Section 90.11. Mounting of reflectors, clearance
lamps and side marker lamps
(a) Reflectors when required by Section 90.09 shall
be mounted at a height not less than 24 inches and not
higher than 60 inches above the ground on which the vehicle
stands, except that if the highest part of the permanent
structure of the vehicle is less than 24 inches the reflec-
tor at such point shall be mounted as high as that part of
the permanent structure will permit.
The rear reflectors on a pole trailer may be mounted
on each side of the bolster or load.
Any required red reflector on the rear of a vehicle
may be incorporated with the tail lamp, but such reflector
shall meet all the other reflector requirements of this
ordinance.
(b) Olearance lamps shall be mounted on the permanent
structure of the vehicle in such a manner as to indicate
its extreme width and as near the top thereof as practicable.
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Clearance lamps and side marker lamps may be mounted in
combination provided illumination is given as required
herein with reference to both.
Section 90.12. Visibility of reflectors, clearance
lamps and marker lamps
(a) Every reflector upon any vehicle referred to in
erection 90.09 shall be of such size and characteristics
and so maintained as to be readily visible at nighttime
from all distances within 600 feet to 100 feet from the
vehicle when directly in front of lawful upper beams of
head lamps. Reflectors required to be mounted on the sides
of the vehicle shall reflect the required color of light
to the sides, and those mounted on the rear shall reflect
a red color to the rear.
(b) r'ront and rear clearance lamps shall be capable
of being seen and distinguished under normal atmospheric
conditions at the times lights are required at a distance
of 500 feet from the front and rear, respectively, of the
vehicle.
(c) Side marker lamps shall be capable of being seen
and distinguished under normal atmospheric conditions at
the times lights are required at a distance of 500 feet
from the side of the vehicle on which mounted.
Section 90.13. Obstructed lights not required
Whenever motor and other vehicles are operated in com-
bination during the time that lights are required, any lamp
(except tail lamps) need not be lighted which, by reason
of its location on a vehicle of the combination, would be
obscured by another vehicle of the combination, but this
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shall not affect the requirement that lighted clearance
lamps be displayed on the front of the foremost vehicle
required to have clearance lamps, nor that all lights re-
quired on the rear of the rearmost vehicle of any combina-
tion shall be lighted.
Section 90.14. Lamp or flab on pro.iectina load
Whenever the load upon any vehicle extends to the rear
4 feet or more beyond the bed or body of such vehicle there
shall be displayed at the extreme rear end of the load, at
the time specified in Section 90.02 hereof, a red light or
lantern plainly visible from a distance of at least 500 feet
to the sides and rear. The red light or lantern required
under this section shall be in addition to the red rear
light required upon every vehicle. At any other times
there shall be displayed at the extreme rear end of such
load a red flag or cloth not less than 12 inches square
and so hung that the entire area is visible to the driver
of a vehicle approaching from the rear.
Section 90.15. Lamps on parked vehicles
(a) Whenever a vehicle is lawfully parked upon a
street or highway during the hours between a half hour
after sunset and a half hour before sunrise and in the
event there is sufficient light to reveal any person or
object within a distance of 500 feet upon such street or
highway no lights need be displayed upon such parked
vehicle.
(b) Whenever a vehicle is parked or stopped upon a
roadway or shoulder adjacent thereto, whether attended or
unattended, during the hours between a half hour after
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sunset and a half hour before sunrise and there is not
sufficient light to reveal any person or object within a
distance of 500 feet upon such highway, such vehicle so
parked or stopped shall be equipped with one or more lamps
meeting the following requirements: At least one lamp shall
display a white or amber light visible from a distance of
500 feet to the front of the vehicle, and the same lamp or
at least one other lamp shall display a red light visible
from a distance of 500 feet to the rear of the vehicle, and
the location of said lamp or lamps shall always be such
that at least one lamp or combination of lamps meeting the
requirements of this section is installed as near as prac-
ticable to the side of the vehicle which is closest to
passing traffic. The foregoing provisions shall not apply
to a motor-driven cycle.
(c) Any lighted head lamps upon a parked vehicle shall
be depressed or dimmed.
Section 90.16. Lamps on farm tractors, farm equipment
and implements of husbandry
(a) Every farm tractor and every self-propelled farm
equipment unit or implement of husbandry not equipped with
an electric lighting system shall at all times mentioned
in Section 90.02 be equipped with at least one lamp dis-
playing a white light visible when lighted from a distance
of not less than 500 feet to the front of such vehicle and
shall also be equipped with at least one lamp displaying
a red light visible when lighted from a distance of not
less than 500 feet to the rear of such vehicle.
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(b) Every self-propelled unit of farm equipment not
equipped with an electric lighting system shall at all
times mentioned in Section 90.02, in addition to the lamps
required in paragraph (a), be equipped with two red reflec-
tors visible from all distances within 600 feet to 100 feet
to the rear when directly in front of lawful upper beams
of head lamps.
(c) Every combination of farm tractor and towed unit
of farm equipment or implement of husbandry not equipped
with an electric lighting system shall at all times men-
tioned in Section 90.02 be equipped with the following
lamps:
1. At least one lamp mounted to indicate as
nearly as practicable the extreme left projection of
said combination and displaying a white light visible
when lighted from a distance of not less than 500
feet to the front of said combination, and
2. Two lamps each displaying a red light visible
when lighted from a distance of not less than 500 feet
to the rear of said combination or as an alternative
at least one lamp displaying a red light visible when
lighted from a distance of not less than 500 feet to
the rear thereof and two red reflectors visible from
all distances within 600 feet to 100 feet to the rear
thereof when illuminated by the upper beams of head
lamps.
(d) Every farm tractor and every self-propelled unit
of farm equipment or implement of husbandry equipped with
an electric lighting system shall at all times mentioned
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in Section 90.02 be equipped with two single-beam or
multiple-beam head lamps meeting the requirements of
Sections 90.22 or 90.2k of this ordinance respectively or,
as an alternative, Section 90.25 of this ordinance, and
at least one red lamp visible when lighted from a distance
of not less than 500 feet to the rear; provided; however,
that every such self-propelled unit of farm equipment
other than a Farm tractor shall have two such red lamps
or, as an alternative, one such red lamp and two red re-
flectors visible from all distances within 600 feet to
100 feet when directly in front of lawful upper beams of
head lamps.
(e) Every combination of farm tractor and towed farm
equipment or towed implement of husbandry equipped with an
electric lighting system shall at all times mentioned in
Section 90.02 be equipped with lamps as follows:
1. The farm tractor element of every such com-
bination shall be equipped as required in paragraph
(d) of this section.
2. The towed unit of farm equipment or implement
of husbandry element of such combination shall be
equipped with two red lamps visible when lighted from
a distance of not less than 500 feet to the rear or,
as an alternative, two red reflectors visible from
all distances within 600 feet to 100 feet to the rear
when directly in front of lawful upper beams of head
lamps.
3. Said combinations shall also be equipped
with a lamp displaying a white or amber light, or any
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shade of color between white and amber, visible when
lighted from a distance of not less than 500 feet to
the front and a lamp displaying a red light visible
when lighted from a distance of not less than 500 feet
a
to the rear.
(f) The lamps and reflectors required in the fore-
going paragraphs of this section sha.11 be so positioned as
to show from front and rear as nearly as practicable the
extreme projection of the vehicle carrying them on the side
of the roadway used in passing such vehicle. If a farm
tractor, or a unit of farm equipment, whether self-propelled
or towed, is equipped with two or more lamps or reflectors
visible from the front or two or more lamps or reflectors
visible from the rear, such lamps or reflectors shall be so
positioned that the extreme projections both to the left
and to the right of said vehicle shall be indicated as
nearly as practicable.
Section 90.1. Lamps on bicycles and other vehicles
and equipment
(a) Lamps on bicycles--Every bicycle when in use at
nighttime shall be equipped with a lamp on the front which
shall emit a white light visible from a distance of at
least 500 feet to the front and with a red reflector on
the rear of a type approved by the department which shall
be visible from all distances from 50 feet to 300 feet to
the rear when directly in front of lawful upper beams of
head lamps on a motor vehicle. A lamp emitting a red light
visible from a distance of 500 feet to the rear may be used
in addition to the red reflector.
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(b) Lamps on other vehicles and equipment--Every
vehicle, including animal-drawn vehicles and vehicles re-
ferred to in Section 90.01 (c), not specifically required
by the provisions of this ordinance to be equipped with
lamps or other lighting devices, shall at all times spe-
cified in Section 90.01 of this ordinance be equipped with
at least one lamp displaying a white light visible from a
distance of not less than 500 feet to the front of said
vehicle, and shall also be equipped with two lamps dis-
playing red light visible from a distance of not less
than 500 feet to the rear of said vehicle, or as an alter-
native, one lamp displaying a red light visible from a
distance of not less than 500 feet to the rear and two red
reflectors visible for distances of 100 to 600 feet to the
rear when illuminated by the upper beams of head lamps.
Section 90.18. Spot lamps and auxiliary lamps
(a) Spot lamps--No vehicle, other than authorized
emergency vehicles as hereinbefore described, shall use
any spot light, while in motion upon any street or highway
within the county.
(b) Foy lamps--Any motor vehicle may be equipped
with not to exceed two fog lamps mounted on the front at a
height not less than 12 inches nor more than 30 inches
above the level surface upon which the vehicle stands and
so aimed that when the vehicle is not loaded none of the
high-intensity portion of the light to the left of the
center of the vehicle shall at a distance of 25 feet ahead
project higher than a level of 4 inches below the level of
the center of the lamp from which it comes. Lighted fog
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lamps meeting the above requirements may be used with
lower head lamp beams as specified in Section 90.22 (b).
(c) Auxiliary passing_lamps--Any motor vehicle may
be equipped with not to exceed two auxiliary passing lamps
mounted on the front at a height not less than 24 inches
nor more than 42 inches above the level surface upon which
the vehicle stands. The provisions of Section 90.22 shall
apply to any combination of head lamps and auxiliary
passing lamps.
(d) Auxiliary driving lamps--Any motor vehicle may
be equipped with not to exceed two auxiliary driving lamps
mounted on the front at a height not less than 16 inches
nor more than 42 inches above the level surface upon which
the vehicle stands. The provisions of Section 90.22 shall
apply to any combination of head lamps and auxiliary
driving lamps.
Section 90.19. Audible and visual signals on vehicles
(a) Every authorized emergency vehicle shall, in
addition to any other equipment and distinctive markings
required by this ordinance, be equipped with a siren,
exhaust whistle or bell capable of giving an audible
signal.
(b) Every bus used for the transportation of school
children and every authorized emergency vehicle shall, in
addition to any other equipment and distinctive markings
required by this ordinance, be equipped with signal lamps
mounted as high and as widely spaced laterally as prac-
ticable, which shall be capable of displaying to the front
two alternately flashing red lights located at the same
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level and to the rear two alternately flashing red lights
located at the same level, and these lights shall have
sufficient intensity to be visible at 500 feet in normal
sunlight.
(c) A police vehicle when used as an authorized
emergency vehicle may but need not be equipped with alter-
nately flashing red lights specified herein.
(d) The use of the signal equipment described herein
shall impose upon drivers of other vehicles the obligation
to yield right of way to authorized emergency vehicles.
Section 90.20. Signal lamps and signal devices
(a) Any motor vehicle may be equipped and when re-
quired under this ordinance shall be equipped with a stop
lamp or lamps on the rear of the vehicle which shall dis-
play a red or amber light, or any shade of color between
red and amber, visible from a distance of not less than
100 feet to the rear in normal sunlight, and which shall
be actuated upon application of the service (foot) brake,
and which may but need not be incorporated with one or
more other rear lamps.
(b) Any motor vehicle may be equipped and when re-
quired under this ordinance shall be equipped with lamps
showing to the front and rear for the purpose of indicating
an intention to turn either to the right or left. Such
lamps showing to the front shall be located on the same
level and as widely spaced laterally as practicable and
when in use shall display a white or amber light, or any
shade of color between white and amber, visible from a
distance of not less than 100 feet to the front in normal
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sunlight, and the lamps showing to the rear shall be lo-
cated at the same level and as widely spaced laterally as
practicable and when in use shall display a red or amber
light, or any shade of color between red and amber, visible
from a distance of not less than 170 feet to the rear in
normal sunlight. When actuated such lamps shall indicate
the intended direction of turning by flashing the lights
showing to the front and rear on the side toward which the
turn is made.
(c) Any motor vehicle or combination of vehicles
$0 inches or more in overall width, and manufactured or
assembled after July 1, 1961, shall be equipped with lamps
showing to the front and rear for the purpose of indicating
an intention to turn either to the right or the left. Such
lamps showing to the front shall be located on the same
level and as widely spaced laterally as practicable and
when in use shall display a white or amber light, or any
shade of color between white and amber, visible from a
distance of not less than 500 feet to the front in normal
sunlight, and the lamps showing to the rear shall be located
at the same level and as widely spaced laterally as prac-
ticable and when in use shall display a red or amber light,
or any shade of color between red and amber, visible from
a distance of not less than 500 feet to the rear in normal
sunlight. When actuated such lamps shall indicate the
intended direction of turning by flashing the lights
showing to the front and rear on the side toward which the
turn is made.
(d) No stop lamp or signal lamp shall project a
glaring light.
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Section 90.21. Additional liahtin~ equipment
(a) Any motor vehicle may be equipped with not more
than two side cowl or fender lamps which shall emit an
amber or white light without glare.
(b) Any motor vehicle may be equipped with not more
than one running-board courtesy lamp on each side thereof
which shall emit a white or amber light without glare.
(c) Any motor vehicle may be equipped with not more
than two back-up'lamps either separately or in combination
with other lamps, but any such back-up lamp shall not be
lighted when the motor vehicle is in forward motion.
(d) Any vehicle may be equipped with lamps which
may be used for the purpose of warning the operators of
other vehicles of the presence of a vehicular traffic
hazard requiring the exercise of unusual care in approaching,
overtaking or passing, and when so equipped may display such
warning in addition to any other warning signals required
by this ordinance. The lamps used to display such warning
to the front shall be mounted at the same level and as
widely spaced laterally as practicable, and shall display
simultaneously flashing white or amber lights, or any shade
of color between white and amber. The lamps used to dis-
play such warning to the rear shall be mounted at the same
level and as widely spaced laterally as practicable, and
shall show simultaneously flashing amber or red lights, or
any shade of color between amber and red. These warning
lights shall be visible from a distance of not less than
500 feet under normal atmospheric conditions at night.
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(e) Any commercial vehicle $0 inches or more in
overall width may be equipped with not more than three
identification lamps showing to the front which shall emit
an amber light without glare and not more than three iden-
tification lamps showing to the rear which shall emit a
red light without glare. Such lamps shall be placed in a
row and may be mounted either horizontally or vertically.
Section 90.22. Multiple-beam road-lighting equipment
Except as hereinafter provided, the head lamps or the
auxiliary driving lamp or the auxiliary pas;
combination thereof on motor vehicles other
or motor-driven cycles shall be so arranged
may select at will between distributions of
to different elevations and such lamps may,
so arranged that such selection can be made
subject to the following limitations:
sing lamp or
than motorcycles
that the driver
light projected
in addition, be
automatically,
(a) There shall be an uppermost distribution of light,
or composite beam, so aimed and of such intensity as to re-
veal persons and vehicles at a distance of at least 350 feet
ahead for all conditions of loading.
(b) There shall be a lowermost distribution of light,
or composite beam, so aimed and of sufficient intensity to
reveal persons and vehicles at a distance of at least 100
feet ahead; and on a straight level road under any condition
of loading none of the high-intensity portion of the beam
shall be directed to strike the eyes of an approaching driver.
(c) Every new motor vehicle, other than a motorcycle
or motor-driven cycle, registered in this county after
January 1, 19 62•.•, which has multiple-beam road-lighting
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equipment shall be equipped with a beam indicator, which
shall be lighted whenever the uppermost distribution of
light from the head lamps is in use, and shall not other-
wise be lighted. Said indicator shall be so designed and
located that when lighted it will be readily visible with-
out glare to the driver of the vehicle so equipped.
Section 90.23. Use of multiple-beam road-lighting
equipment
(a) Whenever a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during the times spe-
cified in Section 90.02, the driver shall use a distribution
of light, or composite beam, directed high enough and of
sufficient intensity to reveal persons and vehicles at a
safe distance in advance of the vehicle, subject to the
following requirements and limitations:
(b) Whenever a driver of a vehicle approaches an on-
coming vehicle within 500 feet, such driver shall use a
distribution of light, or composite beam, so aimed that the
glaring rays are not projected into the eyes of the oncoming
driver. The lowermost distribution of light, or composite
beam, specified in Section 90.22 (b) shall be deemed to
avoid glare at all times, regardless of road contour and
loading.
(c) Whenever the driver of a vehicle follows another
vehicle within 200 feet to the rear, except when engaged
in the act of overtaking and passing, such driver shall
use a distribution of light permissible under this ordinance
other than the uppermost distribution of light specified in
paragraph (a) of Section 90.22.
Page 22
Section 90.2k. Single-beam road-li~htinF equipment
Head lamps arranged to provide a single distribution
of light shall be permitted on motor vehicles manufactured
and sold prior to one year after the effective date of this
ordinance in lieu of multiple-beam road-lighting equipment
herein specified if the single distribution of light com-
plies with the following requirements and limitations:
1. The head lamps shall be so aimed that when
the vehicle is not loaded none of the high-intensity
portion of the light shall at a distance of 25 feet
ahead project higher than a level of 5 inches below
the level of the center of the lamp from which it
comes, and in no case higher than 42 inches above the
level on which the vehicle stands at a distance of
75 feet ahead.
2. The intensity shall be sufficient to reveal
persons and vehicles at a distance of at least 200
feet.
Section 90.25. Lip~hting equipment on motor-driven
cvcles
The head lamp or head lamps upon every motor-driven
cycle may be of the single-beam or multiple-beam type but
in either event shall comply with the requirements and
limitations as follows:
1. Every said head lamp or head lamps on a motor-
driven cycle shall be of sufficient intensity to reveal
a person or a vehicle at a distance of not less than
100 feet when the motor-driven cycle is operated at
any speed less than 25 miles per hour and at a distance
~. ~ _
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Page 23
of not less than 200 feet when the motor-driven cycle
is operated at a speed of 25 or more miles per hour,
and at a distance of not less than 300 feet when the
motor-driven cycle is operated at a speed of 35 or
more miles per hour.
2, In the event the motor-driven cycle is
equipped with a multiple-beam head lamp or head lamps
the upper beam shall meet the minimum requirements
set forth above and shall not exceed the limitations
set forth in Section 90.22 (a) and the lowermost beam
shall meet the requirements applicable to a lowermost
distribution of light as set forth in Section 90.22.
3. In the event the motor-driven cycle is
equipped with a single-beam lamp or lamps, said lamp
or lamps shall be so aimed that when the vehicle is
loaded none of the high-intensity portion of light, at
a distance of 25 feet ahead, shall project higher than
the level of the center of the lamp from which it comes.
Section 90.26. Alternate road-lighting equipment
Any motor vehicle may be operated under the conditions
specified in Section 90.02 when equipped with two lighted
lamps upon the front thereof capable of revealing persons
and objects 75 feet ahead in lieu of lamps required in
Section 90.22 or Section 90.24, provided, however, that at
no time shall it be operated at a speed in excess of 20
miles per hour.
Section 90.27• Number of driving lamps required or
permitted
(a) At all times specified in Section 90.02, at least
two lighted lamps shall be displayed, one on each side at
__
____._.
~., :_ :_.
_ ___._.
t ... __.
Page 24
the front of every motor vehicle other than a motorcycle
or motor-driven cycle, except when such vehicle is parked
subject to the regulations governing lights on parked
vehicles.
(b) Whenever a motor vehicle equipped with head lamps
as herein required is also equipped with any auxiliary
lamps or a spot lamp or any other lamp on the front thereof
projecting a beam of intensity greater than 300 candlepower,
not more than a total of four of any such lamps on the front
of a vehicle shall be lighted at any one time when upon a
highway.
Section 90.2$. Special restrictions on lamps
(a) Any lighted lamp or illuminating device upon a
motor vehicle, other than head lamps, spot lamps, auxiliary
lamps, flashing turn signals, emergency vehicle warning
lamps and school bus warning lamps, which projects a beam
of light of an intensity greater than 300 candlepower shall
be so directed that no part of the high intensity portion
of the beam will strike the level of the roadway on which
the vehicle stands at a distance of more than '75 feet from
the vehicle.
(b) No person shall drive or move any vehicle or
equipment upon any highway with any lamp or device thereon
displaying a red light visible from directly in front of
the center thereof. This section shall not apply to any
vehicle upon which a red light visible from the front is
expressly authorized or required by this ordinance.
(c) Flashing lights are prohibited except on an
authorized emergency vehicle, school bus, or on any vehicle
Page 25
as a means of indicating a right or left turn, or the
presence of a vehicular traffic hazard requiring unusual
care in approaching, overtaking or passing.
Section 90.29. Special lighting equipment on school
buses
(a) The Chief of Police is authorized to adopt stan-
dards and specifications applicable to lighting equipment
on and special warning devices to be carried by school buses
consistent with the provisions of this ordinance, but sup-
plemental thereto. Such standards and specifications shall
correlate with and, so far as possible, conform to the
specifications then current as approved by the Society of
Automotive Engineers.
(b) It shall be unlawful to operate any flashing
warning signal light on any school bus except when any said
school bus is stopped on a highway for the purpose of per-
mitting school children to board or alight from said school
bus.
Section 90.30. Selling or using lams or equipment
(a) On and after July 1, 1961, no person shall have
for sale, sell or offer for sale for use upon or as a part
of the equipment of a motor vehicle, trailer or semitrailer,
or use upon any such vehicle any head lamp, auxiliary, or
fog lamp, rear lamp, signal lamp or reflector, which re-
flector is required hereunder, or parts of any of the fore-
going which tend to change the original design or performance,
unless of a type which has been submitted to the Chief of
Police and approved by him. The foregoing provisions of
this section shall not apply to equipment in actual use when
/c ~ .:y.
Page 26
this section is adopted or replacement parts therefor.
(b) No person shall have for sale, sell or offer
for sale for use upon or as a part of the equipment of a
motor vehicle, trailer or semitrailer any lamp or device
mentioned in this section which has been approved by the
Chief of Police unless such lamp or device bears thereon
the trade mark or name under which it is approved so as to
be legible when installed.
(c) No person shall use upon any motor vehicle,
trailer or semitrailer any lamps mentioned in this section
unless said lamps are mounted, adjusted and aimed in accord-
ante with instructions of the Chief of Police.
Section 90.31. Authority of the Chief of yolice with
reference to li~htin~ devices
(a) The Chief of Police is hereby authorized to
approve or disapprove lighting devices and to issue and en-
force regulations establishing standards and specifications
for the approval of such lighting devices, their installa-
tion, adjustment and aiming, and adjustment when in use on
motor vehicles. Such regulations shall correlate with and,
so far as practicable, conform to the then current standards
and specifications of the Society of Automotive Engineers
applicable to such equipment.
(b) The Chief of Police is hereby required to approve
or disapprove any lighting device, of a type on whicYi appro-
val is specifically required in this ordinance, within a
reasonable time after such device has been submitted.
(c) The Chief of Police is further authorized to set
up the procedure which shall be followed when any device
is submitted for approval.
c, ~ ~?~..-- - ----------------------
i...:_
--- -
,.
Page 27
(d) The Chief of Police upon approving any such lamp
or device shall issue to the applicant a certificate of
approval together with any instructions determined by him.
(e) The Chief of Police shall publish lists of all
lamps and devices by name and type which have been approved
by him.
Section 90.32. Revocation of certificate of approval
on liahtin~ devices
When the Chief of Police has reason to believe that an
approved device as being sold commercially does not comply
with the requirements of this ordinance, he may, after
giving 30 days' previous notice to the person holding the
certificate of approval for such device in this county, con-
duct a hearing upon the question of compliance of said
approved device. After said hearing the Chief of Police
shall determine whether said approved device meets the re-
quirements of this ordinance. If said device does not meet
the requirements of this ordinance he shall give notice to
the person holding the certificate of approval for such
device in this county.
If at the expiration of 90 days after such notice tkie
person holding the certificate of approval for such device
has failed to satisfy the Chief of Police that said approved
device as thereafter to be sold meets the requirements of
this ordinance, the Chief of Police shall suspend or revoke
the approval issued therefor until or unless such device is
resubmitted to and retested by an authorized tasting agency
and is found to meet the requirements of this ordinance,
and may require that all said devices sold since the noti-
fication following the hearing be replaced with devices
,,
Page 2$
that do comply with the requirements of this ordinance.
The Chief of Police may at the time of the retest purchase
in the open market and submit to the testing agency one or
more sets of such approved devices, and if such device upon
such retest fails to meet the requirements of this ordinance,
the Chief of Police may refuse to renew the certificate of
approval of such device.
Section 90.33. Brake equipment required
(a) Every motor vehicle, other than a motorcycle,
when operated upon a highway shall be equipped with brakes
adequate to control the movement of and to stop and hold
such vehicle, including two separate means of applying the
brakes, each of which means shall be effective to apply the
brakes to at least two wheels. If these two separate means
of applying the brakes are connected in any way, they shall
be so constructed that failure of any one part of the opera-
ting mechanism shall not leave the motor vehicle without
brakes on at least two wheels.
(b) Every motorcycle and bicycle with motor attached,
when operated upon a highway shall be equipped with at least
one brake which may be operated by hand or foot.
(c) Every trailer or semitrailer of a gross weight of
3,000 pounds or more when operated upon a highway shall be
equipped with brakes adequate to control the movement of
and to stop and to hold such vehicle, and so designed as to
be applied by the driver of the towing motor vehicle from
its cab, and said brakes shall be so designed and connected
that in case of an accidental breakaway of the towed vehicle,
the brakes shall be automatically applied.
Page 29
(d) Every new moY,or vehicle, trailer or semitrailer
hereafter sold in the county and operated upon the highways
thereof shall be equipped with service brakes upon all
wheels of every such vehicle, except a motorcycle, and
except that a semitrailer of less than 1,500 pounds gross
weight need not be equipped with brakes.
(e) In any combination of motor-drawn vehicles, means
shall be provided for applying the rearmost trailer brakes,
of any trailer equipped with brakes. In approximate syn-
chronism with the brakes on the towing vehicle and developing
the required braking effort on the rearmost wheels at the
fastest rate; or means shall be provided for applying
braking effort first on the rearmost trailer wheels equipped
with brakes; or both of the above means capable of being
used alternatively may be employed.
(f) One of the means of brake operation shall consist
of a mechanical connection from the operating lever to the
brake shoes or bands and this brake shall be capable of
holding the vehicle, or combination of vehicles, stationary
under any condition of loading on any upgrade or downgrade
upon which it is operated.
(g) The brake shoes operating within or upon the drums
on the vehicle wheels of any motor vehicle may be used for
both service and hand operations.
Section 90.34. Performance ability of brakes
Every motor vehicle or combination of vehicles, at all
times and under all conditions of loading, upon application
of the service (foot) brake, shall be capable of (a) develop-
ing a braking force that is not less than the percentage of
c ; ._
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.
::
:
_
. .
.
. __ _ __...._ ._.
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Page 30
its gross weight tabulated herein for its classification,
(b) decelerating in a stop from not more than twenty miles
per hour at not less than the feet per second per second
tabulated herein for its classification, and (c) stopping
from a speed of twenty miles per hour in not more than
the distance tabulated herein for its classification, such
distance to be measured from the point at which movement
of the service brake pedal or control begins. Tests for
deceleration and stopping distance shall be made on a
substantially level (not to exceed plus or minus one per
cent grade), dry, smooth, hard surface that is free from
loose material.
Braking
force as a
percentage Brake system
of gross Deceleration application
vehicle or in feet and braking
Classification of vehi- combination per second distance
cles and combinations weight per second in feet
Passenger vehicles, not
including buses.......... 52.$% 17 25
Single-unit vehicles
with a manufacturer's
gross vehicle weight
rating of less than
10,000 pounds............ 43.51 14 30
Single-unit, 2-axle vehi-
cles with a manufacturer's
gross vehicle weight rating
of 10,000 or more pounds,
and buses not having a
manufacturer's gross vehi-
cle weight rating........ 43.5 14 40
All other vehicles and
combinations with a
manufacturer's gross vehi-
cle weight rating of
10,000 or more pounds.... 43.5 14 50
Page 31
Section 90.35. Maintenance of brakes
A1.1 brakes shall be maintained in good working order
and shall be so adjusted as to operate as equally as prac-
tical with respect to the wheels on opposite sides of the
vehicle.
Section 90.36. Brakes on motor-driven cvcles
(a) The Chief of Police is authorized to require an
inspection of the brake on any motor-driven cycle and to
disapprove any such brake which he finds will not comply
with the performance ability standard set forth in Section
90.34, or which in his opinion is not so designed or con-
structed as to insure reasonable and reliable performance
in actual use.
(b) The Chief of Police may refuse to register or
may suspend or revoke the registration of any vehicle re-
ferred to in this section when he determines that the brake
thereon does not comply with the provisions of this section.
(c) No person shall operate on any highway any vehicle
referred to in this section in the event the Chief of Police
has disapproved the brake equipment upon such vehicle or
type of vehicle.
Section 90.3. Hydraulic brake fluid
(a) The term ''hydraulic brake fluid" as used in this
section shall mean the liquid medium through which force is
transmitted to the brakes in the hydraulic brake system of
a vehicle.
(b) Hydraulic brake Fluid shall be distributed and
serviced with due regard for the safety of the occupants of
the vehicle and the public.
Page 32
(c) The Chief of Police shall, after public hearing
following due notice, adopt and enforce regulations for
the administration of this section and shall adopt and
publish standards and specifications for hydraulic brake
fluid which shall correlate with, and so far as practicable
conform to, the then current standards and specifications
of the Society of Automotive Engineers applicable to such
fluid.
(d) No person shall distribute, have for sale, offer
for sale, sell or service any vehicle with any hydraulic
brake fluid unless it complies with the requirements of
this section.
Section 90.3$. Brakes on bicycles
Every bicycle shall be equipped with a brake which
will enable the operator to make the braked wheel skid on
dry, level, clean pavement.
Section 90.39. Doors on buses
Every bus as defined in this ordinance shall be
equipped with an exit and entrance door which shall be
placed on the right-hand side of the front of the bus and
shall be directly within the view and under control of the
driver; provided, however, that all buses of the sampan
type, may, in lieu of the foregoing provisions, be equipped
with a guide rail made of steel or galvanized piping and
bolted as to be rigid. Said guide rail shall be located at
the edge of the first portion of seat to the right of the
driver and adjacent to the entrance and so constructed and
placed so as to prevent any passenger or passengers from
falling out from the said sampan bus when suddenly reducing
speed or stopping.
c. ~.::.~. ,- - -
_.-_
Page 33
All safety guides shall be of the type approved by
the police department of the County of Hawaii.
For the purposes of this section, "sampan" buses shall
mean and include all buses of open construction particular
to Hilo with a rated seating capacity of fifteen passengers
or less.
Section 90.40. Horns and warning devices
(a) Every motor vehicle when operated upon a highway
shall be equipped with a horn in good working order and
capable of emitting sound audible under normal conditions
from a distance of not less than 200 feet, but no horn or
other warning device shall emit an unreasonably loud or
harsh sound or a whistle. The driver of a motor vehicle
shall when reasonably necessary to insure safe operation
give audible warning with his horn, but shall not other-
wise use such horn when upon a highway.
(b) No vehicle shall be equipped with nor shall any
person use upon a vehicle any siren, whist:ie or bell,
except as otherwise permitted herein.
(c) It is permissible but not required that any com-
mercial vehicle be equipped with a theft alarm signal
device which is so arranged that it cannot be used by the
driver as an ordinary warning signal.
(d) Any authorized emergency vehicle may be equipped
with a siren, whistle or bell, capable of emitting sound
audible under normal conditions from a distance of not less
than 500 feet and of a type approved by the Chief of Police,
but such siren shall not be used except when such vehicle
is operated in response to an emergency call or in the
Page 34
immediate pursuit of an actual or suspected violator of
the law, in which said latter events the driver of such
vehicle shall sound said siren when necessary to warn pe-
destrians and other drivers of the approach thereof.
(e) Any truck used to haul dirt, rock, concrete, or
other construction material may be equipped with a horn,
bell or whistle in the rear thereof, capable of emitting
a sound audible under normal conditions from a distance of
not less than 200 feet; such warning device, however, to
be sounded only while the truck is backing up.
Section 90.41. Mufflers; noise-controlling device
(a) The term "muffler" as used in t17is section means
a device consisting of a series of baffle plates, or cham-
bers, or perforated tube or tubes with spun glass, spun
steel or other type of sandwich packing, or of other
mechanical design or construction, for the purpose of re-
ceiving exhaust gas and controlling exhaust noise from the
motor of a motor vehicle.
(b) No person shall operate a motor vehicle on a
public highway or street unless such motor vehicle is
equipped, at al.l times, with a muffler or mufflers in
constant operation and of such length and size or of suf-
ficient capacity for the motor and/or exhaust system to
prevent the escape of excessive or annoying fumes or smoke,
and excessive or unusual noise. The term "excessive or
unusual noise" as used in this section means, noise in
excess of the usual noise which would necessarily result
from the operation of a motor when reduced to the minimum
by a muffler such as is defined herein.
Page 35
(c) No person shall operate a motor vehicle on a
public highway or street unless the motor and/or exhaust
system of such motor vehicle is properly equipped and ad-
justed so as to prevent the escape of excessive or annoying
fumes or smoke, and the emission of excessive or unusual
noise as defined herein.
(d) No person shall operate a motor vehicle on a
public highway or street with a motor and/or exhaust system
which has been altered or modified to such an extent that
the noise emitted by the motor and/or exhaust system thereof,
shall be deemed excessive or unusual as defined herein, or
equipped with a dummy muffler, cut-out, by-pass or other
similar device.
Section 90.42. Rear vision mirror required
Every motor vehicle shall be equipped with a mirror
or mirrors so located as to reflect to the driver a view
of the highway for a distance of at least 200 feet to the
rear of such vehicle.
Section 90.43• Windshields must be unobstructed and
eouipped with wipers
(a) No person shall drive any motor vehicle with any
sign, poster, or other non-transparent material upon the
front windshield, side wings, or side or rear windows of
such vehicle which obstructs the driver's clear view of the
highway or any intersecting highway.
(b) Posters or stickers approved by the Chief of
Police shall be placed at the lower right hand corner of
the front windshield of a left-hand driven motor vehicle
or at the lower left hand corner of the front windshield
Page 36
of a right-hand driven vehicle. However, such posters or
stickers so placed shall not cover an area greater than
four inches by six inches, except for non-residence per-
mits or for military requirements, in which cases an addi-
tional area four and one-half inches by six inches may be
used.
(c) No person shall drive any motor vehicle with any
non-transparent material or object suspended within the
windshield area as viewed from the driver's seat, nor shall
any person drive any motor vehicle upon the hood or radia-
tor of which is attached any fixture or ornament of any
material which vibrates, swings, or flutters within view
of the driver of said vehicle.
(d) The windshield on every motor vehicle shall be
equipped with a device for cleaning rain or other moisture
from the windshield, which device shall be so constructed
as to be controlled or operated by the driver of the vehicle.
(e) Every windshield wiper upon a vehicle shall be
maintained in good working order.
erection 90.44. Windshields, fenders and bum ers
required on all vehicles
Every motor vehicle upon a highway, excepting a mot;or-
cycle and motorscooter, shall be equipped with a windshield.
In addition, every motor vehicle upon a highway, excepting
a motorcycle and motorscooter, shall be equipped with fen-
ders for all wheels, and front and rear bumpers. Where the
type of vehicle and the usage of the vehicle make the fore-
going equipment impractical, such equipment may be eliminated
upon approval of the Chief of Police.
,~. rim. - --°~ ~~--------°-----•.
Page 37
Section 90.45. r~ud~uards required
No person shall operate on any highway any motor
vehicle, trailer, or semitrailer unless equi,~ped with fen-
ders, covers or devices, including flaps or splash aprons
or unless the body of the vehicle or attachments thereto
afford adequate protection to effectively minimize the
spray or splash of water or mud to the rear of the vehicle.
Section 90.46. Safetv glass in motor vehicles
(a) No person shall sell any new motor vehicle unless
such new vehicle is equipped with safety glass wherever
glass is used in doors, windows and windshields.
(b) Glass, wherever used in doors, windows and wind-
shields of any motor vehicle, which is shattered or broken
shall be removed and replaced with safety glass.
(c) The term "safety glass" shall mean any product
composed of glass, so manufactured, fabricated or treated,
as substantially to prevent shattering and flying of the
glass when struck or broken, or such other similar product
as may be approved by the Chief of Police.
Section 90.47. Restrictions as t o tire equipment
(a) Every solid rubber tire on a vehicle shall have
rubber on its entire traction surface at least 1 inch thick
above the edge of the flange of the entire periphery.
(b) No person shall operate or cuove on any highway
any motor vehicle, trailer or semitrailer having any metal
tire in contact with the roadway.
(c) No tire on a vehicle moved on a highway shall have
on its periphery any block, stud, flange, cleat or spike or
any other protuberance of any material other than rubber
Page 3$
which projects beyond the tread of the traction surface of
the tire, except that it shall be permissible to use farm
machinery with tires having protuberances which will not
injure the highway, and except also that it shall be per-
missible to use tire chains of reasonable proportions upon
any vehicle when required for safety because of snow, ice
or other conditions tending to cause a vehicle to skid.
(d) The State Highway Engineer or his representative
in the case of state highways or the Chief Engineer, De-
partment of Public Works of this respective county, in the
case of county highways, may in their discretion issue
special permits authorizing the operation upon a highway
of traction engines or tractors having movable tracks with
transverse corrugations upon the periphery of such movable
tracks or farm tractors or other farm machinery, the opera-
tion of which upon a highway would otherwise be prohibited
under this section.
Section 90.4$. Safety glazing material in motor vehicles
(a) On and after July 1, 1961, no person shall sell
any new motor vehicle as specified herein, nor shall any new
motor vehicle as specified herein be registered thereafter
unless such vehicle is equipped with safety glazing material
of a type approved by the Chief of Police wherever glazing
material is used in doors, windows and windshields. The
foregoing provisions shall apply to all passenger-type motor
vehicles, including passenger buses and school buses, but in
respect to trucks, including truck tractors, the requirements
as to safety glazing material shall apply to all glazing
material used in doors, windows and windshields in the
drivers' compartments of such vehicles.
Page 39
(b) The term "safety glazing materials" means glazing
materials so constructed, treated or combined with other
materials as to reduce substantially, in comparison with
ordinary sheet glass or plate glass, the likelihood of in-
jury to persons by objects from exterior sources or by
these safety glazing materials when they may be cracked or
broken.
(c) The Chief of Police shall compile and publish a
list of types of glazing material by name approved by him
as meeting the requirements of this section and the Chief
of Police shall not register after July 1, 1961, any motor
vehicle which is subject to the provisions of this section
unless it is equipped with an approved type of safety
glazing material, and he shall thereafter suspend the re-
gistration of any motor vehicle so subject to this section
which he finds is not so Equipped until it is made to con-
form to the requirements of this section.
Section 90.49. Certain vehicles to carry flares or
other warning devices
(a) No person shall operate any motor truck, passen-
ger bus or truck tractor upon any unlighted highway at any
time from a half hour after sunset to a half hour before
sunrise unless there shall be carried in such vehicle the
following equipment, except as provided in paragraph (b):
1. At least three flares or three red electric
lanterns each of which shall be capable of being seen
and distinguished at a distance of 500 feet under
normal atmospheric conditions at night time.
1-a. Bach flare (liquid-burning pot torch)
shall be capable of burning for not less than
OrJ. No. ... __.._..--.__.._.._....,
~-~ ,. __
Page 40
12 hours in 5 miles per hour wind velocity and
capable of burning in any air velocity from zero
to 40 miles per hour. It shall be substantially
constructed so as to withstand reasonable shocks
without leaking and it shall be carried in the
vehicles in a metal rack or box.
1-b. Each red electric lantern shall be
capable of operating continuously for not less
than 12 hours and shall be substantially con-
structed so as to withstand reasonable shocks
without breaking.
2. At least three red burning fusees unless red
electric lanterns are carried. Each fusee shall be
capable of burning at least 15 minutes.
3. At least two red cloth flags, not less than
12 incYies square, with standards to support same.
(b) No person shall operate at the time and under the
conditions stated in paragraph (a) any motor vehicle used
in the transportation of flammable gases unless there shall
be carried in such vehicle three red electric lanterns
meeting the requirements above stated, and there shall not
be carried in such vehicle any flares, fusees, or signal
produced by a flame.
(c) In the alternative, it shall be deemed a compliance
with this paragraph in the event the person operating any
motor vehicle described in this section shall carry in such
vehicle three portable reflector units on standards of a
type approved by the Chief of Police. No portable reflector
unit shall be approved unless it is so designed and constructed
Page 4.1
that it will reflect red light clearly visible for a dis-
tance of at least 300 feet under normal atmospheric con-
ditions at night time when directly in front of the lawful
upper beams of head lamps.
Section 90.50. DisAlay of warning devices when vehicle
is disabled
(a) Whenever any motor truck, truck tractor, trailer,
semitrailer, or pole trailer is disabled upon the traveled
portion of any unlighted highway or the shoulder thereof
at any time when lighted lamps are required on vehicles, the
driver of such vehicle shall display the following warning
devices upon the highway during the time the vehicle is so
disabled on the highway, except as provided otherwise in
paragraph (b):
1. A lighted fusee shall be immediately placed
on the roadway at the traffic side of the motor vehicle
unless electric lanterns are displayed.
2. Within the burning period of the fusee and. as
promptly as possible three lighted flares (pot torches)
or three electric lanterns shall be placed on the road-
way as follows:
One at a distance of approximately 100 feet
in advance of the vehicle, one at a distance of
approximately 100 feet to the rear of the vehicle;
each in the center of the lane of traffic, occupied
by the disabled vehicle; and one at the traffic
side of the vehicle approximately 10 feet rearward
or forward thereof.
(b) Whenever any vehicle used in the transportation
of flammable liquids in bulk or in the transportation of
Page 42
compressed flammable gases is disabled upon a highway at
any time or place mentioned in paragraph (a) of this sec-
tion, the driver of such vehicle shall display upon the
roadway the following lighted warning devices:
1. One red electric lantern shall be immediately
placed on the roadway at the traffic side of the vehicle
and two other red electric lanterns shall be placed to
the front and rear, respectively, of the vehicle in
the manner prescribed in paragraph (a) 2.
When a vehicle of the type specified in this
paragraph is disabled, the use of flares, fusees,
or any signal produced by flame as warning devices
is prohibited.
(c) Whenever any vehicle of a type referred to in this
section is disabled upon the traveled portion of a highway
or the shoulder thereof, at any time when the display of
fusees, flares, or electric lanterns is not required, the
driver of such vehicle shall display two red flags upon the
roadway in the lane of traffic occupied by the disabled
vehicle, one at a distance of approximately 100 feet in
advance of the vehicle, and one at a distance of approxi-
mately 100 feet to the rear of the vehicle.
(d) In the alternative, it shall be deemed a compliance
with this section in the event three portable reflector units
on standards of a type approved by the Chief of Police are
displayed at the times and under the conditions specified
in this section either during the daytime or at nighttime
and such portable reflector units shall be placed on the
roadway in the locations as described with reference to the
placing of electric lanterns and lighted flares.
Page 43
(e) The flares, fusees, lanterns and flags to be
displayed as required in this section shall conform with
the requirements as hereinabove set forth.
Section 90.51. Vehicles transporting explosives and
flammable liquids
(a) Every vehicle used for the transportation of any
flammable liquid upon any public highway, regardless of the
quantity being transported, or whether loaded or empty,
shall be conspicuously and legibly marked on each side and
the rear thereof in letters at least three (3) inches high
on a background of sharply contrasting color, either
1. With a sign or lettering on the vehicle with
the word "FLAMT~'fABLE"; or
2. With the common name of the flammable liquid
being transported; or
3. With the name of the carrier or his trademark,
when and only when such name or trademark plainly in-
dicates the flammable nature of the load; provided,
however, that the foregoing provisions shall not apply
to any vehicle used occasionally for personal delivery
by the owner thereof for his private use.
(b) Every vehicle transporting any explosive as a
cargo or part of a cargo upon any public highway shall be
marked or placarded on each side and the rear with the word
"EXPLOSIVES" in letters not less than $ inches high, or
there shall be displayed on the rear of such vehicle a red
flag not less than 24 inches square marked with the word
"DANGER" in white letters 6 inches high.
(c) Every vehicle used for the transportation of any
explosive or flammable liquid upon any public highway shall
c:a tt~ ---- --- ------,
Page 44
be equipped with not less than two fire extinguishers of
a type approved by the Fire Chief of this respective county,
filled and ready for immediate use, and placed at a con-
venient point on the vehicle.
Section 90.52. Air-conditioning equipment
(a) The term "air-conditioning equipment" as used or
referred to in this section shall mean mechanical vapor
compression refrigeration equipment which is used to cool
the driver's or passenger compartment of any motor vehicle.
(b) Such equipment shall be manufactured, installed
and maintained with due regard for the safety of the occu-
pants of the vehicle and the public and shall not contain
any refrigerant which is toxic to persons or which is
flammable.
(c) The Chief of Police may adopt and enforce safety
requirements, regulations and specifications consistent
with the requirements of this section applicable to such
equipment which shall correlate with and, so far as possible,
conform to the current recommended practice or standard
applicable to such equipment approved by the Society of
Automotive Engineers.
(d) No person shall have for sale, offer for sale,
sell or equip any motor vehicle with any such equipment
unless it complies with the requirements of this section.
(e) No person shall operate on any highway any motor
vehicle equipped with any air-conditioning equipment unless
said equipment complies with the requirements of this section.
Section 90.53. Penalty
Whoever is convicted of violating any of the provisions
of Sections 90.01 to 90.52 shall be fined not more than one
hundred dollars.
Page 45
Inspection of Vehicles
Section 91.01. Vehicles without required equipment
or in unsafe condition
No person shall drive or move on any highway any
motor veYiicle, trailer, semitrailer, or pole trailer, or
any combination thereof, unless the equipment upon any and
every said vehicle is in good working order and adjustment
as required by law and said vehicle is in such safe mechani-
cal condition as not to endanger the driver or other occu-
pant or any person upon the highway.
Section 91.02. Inspections by officers of the police
department
(a) The Chief of Police or authorized officers of the
police department may at any time upon reasonable cause to
believe that a vehicle is unsafe or not equipped as required
by law, or that its equipment is not in proper adjustment
or repair, require the driver of such vehicle to stop and
submit such vehicle to an inspection and such test with re-
ference thereto as may be appropriate.
(b) In the event such vehicle and its equipment are
found to be in safe condition and in full compliance with
the law, the officer making such inspection shall issue to
the driver an official certificate of inspection and appro-
val of such vehicle specifying those parts or equipment so
inspected and approved.
(c) In the event such vehicle is found to be in unsafe
condition or any required part or equipment is not present
or is not in proper repair and adjustment, the officer shall
give a written notice to the driver and shall send a copy
Page 46
to the police department. Said notice shall require that
such vehicle be placed in safe condition and its equipment
in proper repair and adjustment specifying the particulars
with reference thereto and that a certificate of inspection
and approval be obtained wit}iin five days.
Section 91.03. Owners and drivers to comply with
inspection requirements
(a) No person driving a vehicle shall refuse to sub-
mit such vehicle to an inspection and test when required
to do so by the Chief of Police or an authorized officer
of the police department.
(b) Every owner or driver, upon receiving a notice as
provided in Section 91.02 of this ordinance, shall comply
therewith and shall within five days secure an official
certific~;te of inspection and approval which shall be issued
in duplicate, one copy to be retained by the owner or driver
and the oY,her copy to be forwarded to the police department.
(c) No person shall operate any vehicle after re-
ceiving a notice with reference thereto as above provided,
except as may be necessary to return such vehicle to the
residence or place of business of the owner or driver, if
within a distance of twenty miles, or to a garage, until
such vehicle and its equipment have been placed in proper
repair and adjustment and a certificate of inspection and
approval has been obtained.
(d) In the event repair or adjustment of any vehicle
or its equipment is found necessary upon inspection, the
owner or driver of said vehicle may obtain such repair or
adjustment at any place he may choose, but in every event
4.
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Page 47
an official certificate of inspection and approval must
be obtained, otherwise such vehicle shall not be operated
upon the highways of the county.
(e) Upon certification of the Chief of Police that
any vehicle is in such unsafe condition as to constitute
a menace to safety, or which after notice and demand is
not equipped as required in this ordinance the County
Treasurer of this respective county shall forthwith suspend
the registration of such vehicle.
(f) 49henever the County Treasurer of this respective
county has suspended the registration of any vehicle under
the provisions of this ordinance, the owner of such vehicle
shall immediately forward to the County Treasurer of this
respective county, the certificate of registration and the
license plates in his possession last issued upon registra-
tion of such vehicle for the current year.
(g) Registered owner's responsibility; registration
plates as prima facie evidence as to inspection of vehicles.
In any proceeding for violation of the provisions pertaining
to inspection of motor vehicles as described in this ordi-
nance, the serial number displayed on the registration plate
attached to the vehicle involved in such violation shall
constitute a prima facie presumption that the registered
owner of such vehicle was responsible for the vehicle vio-
lating the provisions at the point where and during the
time when such violation occurred.
Section 91.04. Chief of Police to require periodical
inspections
(a) The Chief of Police shall at least once each year,
buY, not more frequently than twice each year, require that
Page 4$
every motor vehicle, trailer, semitrailer, and pole trailer
registered in the county be inspected and that an official
certificate of inspection and approval be obtained for each
such vehicle.
livery motor vehicle which has been properly inspected
and had received a certificate of inspection shall display
a valid safety sticker in compliance with the provisions
of Section 90.43.
Such inspections shall be made and such certificates
obtained with respect to the mechanism, brakes, and equip-
ment of every such vehicle as shall be designated by the
Chief of Police.
The official inspection period shall begin on January 1
and terminate on March 31 of each year.
No motor vehicle license shall be issued £or any vehicle
until the Treasurer has received a certificate showing that
said vehicle has been inspected and approved by the Chief
of Police or his authorized agent.
Section 91.05. Official inspection stations
(a) The Chief of Police shall issue permits for and
furnish instructions and all forms to official inspection
stations for the inspection and adjustment of brakes, wheel
alignment, lighting equipment, steering mechanism, horns,
mirrors, windshield wipers and other equipment of motor
vehicles, trailers and semitrailers.
(b) Application for such permit shall be made upon
an official form and shall be granted only when the Chief
of Police is satisfied that the station is properly equipped
and has competent personnel to make such inspections and
Page 49
adjustments and will be properly conducted. Before issuing
a permit, the Chief of Police may require the applicant
to file a bond conditioned that he will make compensation
for any damage to a vehicle during an inspection due to
negligence on the part of such applicant or his employees.
(c) The Chief of Police shall supervise and cause
inspections to be made of such stations and shall revoke
and require the surrender of the permit issued to a station
which he finds is not properly equipped or conducted. The
Chief of Police shall maintain and post at the office of
the police department lists of all stations holding permits
and those whose permits have been revoked.
(d) No permit for an official inspection station
shall be issued without the following equipment: headlight
testing machine approved by the Chief of Police and a wheel
alignment gauge or tester also approved by the Chief of
Police.
Section 91.06. Operation of official inspection stations
(a) No permit for an official station shall be assigned
or transferred or used at any location other than therein
designated and every said permit shall be posted in a con-
spicuous place at the location designated.
(b) The person operating an official inspection station
shall issue a certificate of inspection and approval upon
an official form to the owner of a vehicle upon inspecting
such vehicle and determining that its equipment is in good
working condition and proper adjustment, otherwise no certi-
ficate shall be issued. When required by the Chief of Police,
record and report shall be made of every inspection and every
certificate issued therefor.
c,. i
,a. _,_ _ _ . _ _,.
Page 50
(c) A certificate of inspection and approval may be
issued free of charge or a fee of not more than j~2.00 may
be charged for an inspection and issuance of a certificate
therefor.
Section 91.0. Improper representation as official
inspection station
(a) No person shall in any manner represent any place
as an official inspection station unless such place is
operated by the police department or is operating under a
valid permit issued by the Chief of Police.
(b) No person other than a duly authorized officer
of the police department or a person operating an inspection
station under a valid permit shall issue a certificate of
inspection and approval.
Section 91.0$. False certificates
(a) No person shall make, issue, or knowingly use any
imitation or counterfeit of an official certificate of in-
spection and approval.
(b) No person shall display or cause or permit to be
displayed upon any vehicle any certificate of inspection
and approval knowing the same to be fictitious or issued
for another vehicle or issued without an inspection having
been made.
Section 91.09. Penalty
Any person convicted of a violation of any section or
provision of this ordinance shall be punished by a fine of
not more than five hundred dollars.
Page 51
SECTION 3. This ordinance shall take effect upon its
approval.
Dated at Hilo, Hawaii, this
December A.D., 1961.
/4
I
ABDPTED:. ~--~-*
day of
Introduced by:
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Supervisor, 1st Senato al
District
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no«...---.QE.C-2.9..t96J.-._ F c! 2 1 1962
20th
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7 p4~e