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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102, 103, and 104 of Ordinance 25 of the Revised .,Ordinances of the County of Hawaii, 1960, as amended, are ~~ hereby repealed.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. e.~ rte. - ~~_..; ----~. 'I,~ __~_ __ .-_,. ~~::,>: -_:_....:,__'.19.t'-- ~-- ~~EB 2 ] 1962 Page 2 (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. ~a Page 3 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 3 F',~ ... ... :~. _ ....~. ~T Page 4 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 ru.~: _. _.__ __._ _...__ _. __~ Page 5 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$. Application of succeeding sections Those sections of this ordinance which follow imme- diately, including Sections 90.09, 90.10, 90.11, 90.12, and 90.13, relating to clearance and marker lamps, reflec- tors and stop lights, shall apply as stated in said sections to vehicles of the type therein enumerated, namely passenger buses, trucks, truck tractors, and cer- tain trailers, semitrailers and pole trailers, respectively, L:. L.. :: _. . . - _ - - -- Page 6 when operated upon any highway, and said vehicles shall be equipped as required and all lamp equipment required shall be lighted at the time mentioned in Section 90.02, except that clearance and side marker lamps need not be lighted on any said vehicle when operated within any municipality where there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet. Section 90.09. Additional equipment required on certain vehicles In addition to other equipment required in this ordinance, the following vehicles shall be equipped as herein stated under the conditions stated in Section 90.0$. (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. ~ r. 1, i. ...,. ... - _. ----....._____._ Dc' c Page 7 (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 Page $ 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. c.., :: ,. __. __ __ :. :_ _ ...__, ~-, ___ La:::: _. _.....--------.._._.__. __.... Page 9 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 i.t. t.: .. -- .. --------- Page 10 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 Page 11 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. c.a . r~~.._ .... :..:.:.....:.........., r. ~.;~: Page 12 (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 Page 13 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 /... _.___ Page 14 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. Page 15 (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 ~. ..... . L. :.~. __.__..__...._ __.._ t ,:;:: Page 16 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 i _- -- -- Page 17 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 .w..-~ . - Page l~ 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. Page 19 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. Page 20 (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 Page 21 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 ~. ~ _ ~. ._. _ _._.. - ---------- 1,_ i ;.: L'a:u..._.._.. 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 ; ._ , ..i ~: t .___ . . :: : _ . . . . __ _ __...._ ._. --- ..__ -- -- ." __ __ .. 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. I. ' -J. ~: ~. __..___..__.. :: ~ . . .. _...._.. 1 . 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: ~.~ ~~ Supervisor, 1st Senato al District ~, Iii. ~:_. _._ _ _ _._..... no«...---.QE.C-2.9..t96J.-._ F c! 2 1 1962 20th i ,~~ 7 p4~e