A QUIETER O'AHU ALERT: HOUSE BILL (HB) 2216 "NOISY MUFFLERS; PENALTY" NEEDS YOUR SUPPORT.
THIS IS NOT AN IDEAL BILL. THE IDEAL BILL WOULD BE BASED ON THE "PLAINLY AUDIBLE STANDARD" WHICH SIMPLY SAYS "IF A MUFFLER CAN BE HEARD 150 FEET FROM ITS SOURCE, A CITATION WILL BE ISSUED." INSTEAD, IT BASES VIOLATION ON A STANDARD WHICH REQUIRES MEASUREMENT BY AN ENFORCEMENT OFFICER. THIS FAVORS THE LOUD MUFFLER COMMUNITY BECAUSE TODAY THE HONOLULU POLICE DEPARTMENT HAS NO MEASUREMENT DEVICES, AND EVEN IF THEY DID WOULD LIKELY NOT USE THEM.
IT IS, HOWEVER, A GOOD BILL WITH THE RIGHT INTENTION. IF WE CANNOT PERSUADE OUR LEGISLATORS TO USE THE "PLAINLY AUDIBLE STANDARD" THEN THIS IS AT LEAST PROGRESS IN THE RIGHT DIRECTION.
THE BILL IS NON-PARTISAN AND JOINTLY INTRODUCED BY REPRESENTATIVES WARD, CHING, FONTAINE, JOHANSON, MARUMOTO, RIVIERE, AND THIELEN.
WE NEED YOUR SUPPORT FOR THIS BILL.
TO SUPPORT THIS BILL WE SHOULD ALL BE EMAILING OUR REPRESENTATIVES URGING THEIR SUPPORT.
TO DO SO PLEASE LINK TO THE FOLLOWING LEGISLATIVE WEBSITE HERE, FIND YOUR LEGISLATOR'S NAME AND CLICK ON THEIR EMAIL ADDRESS. THIS WILL GENERATE AN EMAIL TO THAT LEGISLATOR.
USE THE TITLE "SUPPORT FOR HB 2216 NOISY MUFFLERS; PENALTY" IN THE SUBJECT LINE AND LET YOUR LEGISLATOR KNOW YOU SUPPORT THE BILL IN THE TEXT OF THE EMAIL.
A QUIETER O'AHU ALSO RECOMMENDS THAT YOU ADD THE FOLLOWING COMMENTS IN YOUR EMAIL:
"I RECOMMEND THAT THE CURRENT WORDING OF HB 2216 BE MODIFIED FROM: "(c) No motor vehicle shall be equipped with a muffler or exhaust system that emits a noise level of greater than ninety-five decibels unless the muffler or exhaust system is the muffler or exhaust system originally installed on the motor vehicle." TO READ: "(c) No motor vehicle shall be equipped with a muffler that emits a noise level of greater than ninety-five decibels." THE REASON FOR THIS CHANGE IS THAT MOTORCYCLES ARE CURRENTLY BEING SOLD IN HAWAI'I THAT ARE BUILT BY THEIR MANUFACTURER WITH AN EXHAUST SYSTEM THAT HAS NO MUFFLER WHATSOEVER AND CREATES A NOISE LEVEL OF APPROXIMATELY 117 - 125 DB(A). THE CURRENTLY WORDED EXCEMPTION "…originally installed on the motor vehicle." MAY INADVERTENTLY PROVIDE A LOOPHOLE FOR THOSE MOTORCYCLES TO CONTINUE EMITTING THEIR UNACCEPTABLE NOISE LEVELS."
WE WILL POST THE DATE FOR THE HEARING ON THIS BILL WHEN AVAILABLE. AT THAT TIME IF YOU WOULD LIKE TO SUBMIT TESTIMONY FOR THIS BILL, CLICK HERE. THIS WILL OPEN A SEPARATE WINDOW TO THE WEB SITE SHOWING THE STATUS OF THIS BILL. AT THE TOP RIGHT OF THE PAGE CLICK THE LINK THAT SAYS "SUBMIT TESTIMONY." YOU WILL BE DIRECTED TO A PAGE WHERE YOU MAY 1) UPLOAD A SEPARATE FILE CONTAINING YOUR TESTIMONY, OR 2) PROVIDE YOUR TESTIMONY AS COMMENTS IN THE FIELD PROVIDED. A SEPARATE FILE WITH YOUR TESTIMONY IS ALWAYS MORE POWERFUL.
HERE IS THE BILL AS CURRENTLY WRITTEN TO REVISE HRS 291-24 (NOTE RED HIGHLIGHTED AREA THAT SHOULD BE AMENDED):
HOUSE OF REPRESENTATIVES
H.B. NO.
2216
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 3. Section 291-24, Hawaii Revised Statutes, is amended to read as follows:
"§291-24 [Motorcycles and mopeds, noisy] Noisy mufflers; penalty. (a) Every [motorcycle and moped] motor vehicle moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a [motorcycle or a moped] motor vehicle in a manner which will amplify or increase the noise emitted by the motor of [such motorcycle or moped] the motor vehicle above that emitted by the muffler originally installed on the [motorcycle or moped except a motorcycle or moped that:] motor vehicle.
(b) Subsection (a) notwithstanding, a motor vehicle that:
(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
shall not be required to be equipped with a muffler.
(c) No motor vehicle shall be equipped with a muffler or exhaust system that emits a noise level of greater than ninety-five decibels unless the muffler or exhaust system is the muffler or exhaust system originally installed on the motor vehicle.
[(b)] (d) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the [motorcycle or moped,] motor vehicle, and being effective in reducing noise.
[(c)] (e) [Whoever] A person who violates this section shall be [fined not more than $100.]:
(1) Required to equip the motor vehicle with a muffler or exhaust system that does not emit a noise level above the decibel level established under subsection (c); and
(2) Required to obtain a certificate of compliance from an inspection station, permitted under section 286-27, to ensure compliance with this section.
(f) An inspection station shall issue a certificate of compliance if the vehicle emits no more than ninety-five decibels when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998. The certificate of compliance shall identify, to the extent possible, the make, model, year, license number, and vehicle identification number of the vehicle tested, and the make and model or description of the muffler exhaust system installed on the vehicle.
(g) For purposes of this section, "motor vehicle" has the same meaning as defined in section 291C-1 but includes a moped, as defined in that section.
(h) A person who violates this section and fails to comply with the requirements of subsection (e) shall be fined not more than $100."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY:
WARD, CHING, FONTAINE, JOHANSON, MARUMOTO, RIVIERE, AND THIELEN
Report Title:
Transportation; Noise; Motor Vehicles; Mopeds
Description:
Prohibits motor vehicle mufflers from emitting a noise level above ninety-five decibels. Authorizes law enforcement officers to issue traffic citations for violations that are correctable. Establishes a penalty for failure to provide proof of correction.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
THIS IS NOT AN IDEAL BILL. THE IDEAL BILL WOULD BE BASED ON THE "PLAINLY AUDIBLE STANDARD" WHICH SIMPLY SAYS "IF A MUFFLER CAN BE HEARD 150 FEET FROM ITS SOURCE, A CITATION WILL BE ISSUED." INSTEAD, IT BASES VIOLATION ON A STANDARD WHICH REQUIRES MEASUREMENT BY AN ENFORCEMENT OFFICER. THIS FAVORS THE LOUD MUFFLER COMMUNITY BECAUSE TODAY THE HONOLULU POLICE DEPARTMENT HAS NO MEASUREMENT DEVICES, AND EVEN IF THEY DID WOULD LIKELY NOT USE THEM.
IT IS, HOWEVER, A GOOD BILL WITH THE RIGHT INTENTION. IF WE CANNOT PERSUADE OUR LEGISLATORS TO USE THE "PLAINLY AUDIBLE STANDARD" THEN THIS IS AT LEAST PROGRESS IN THE RIGHT DIRECTION.
THE BILL IS NON-PARTISAN AND JOINTLY INTRODUCED BY REPRESENTATIVES WARD, CHING, FONTAINE, JOHANSON, MARUMOTO, RIVIERE, AND THIELEN.
WE NEED YOUR SUPPORT FOR THIS BILL.
TO SUPPORT THIS BILL WE SHOULD ALL BE EMAILING OUR REPRESENTATIVES URGING THEIR SUPPORT.
TO DO SO PLEASE LINK TO THE FOLLOWING LEGISLATIVE WEBSITE HERE, FIND YOUR LEGISLATOR'S NAME AND CLICK ON THEIR EMAIL ADDRESS. THIS WILL GENERATE AN EMAIL TO THAT LEGISLATOR.
USE THE TITLE "SUPPORT FOR HB 2216 NOISY MUFFLERS; PENALTY" IN THE SUBJECT LINE AND LET YOUR LEGISLATOR KNOW YOU SUPPORT THE BILL IN THE TEXT OF THE EMAIL.
A QUIETER O'AHU ALSO RECOMMENDS THAT YOU ADD THE FOLLOWING COMMENTS IN YOUR EMAIL:
"I RECOMMEND THAT THE CURRENT WORDING OF HB 2216 BE MODIFIED FROM: "(c) No motor vehicle shall be equipped with a muffler or exhaust system that emits a noise level of greater than ninety-five decibels unless the muffler or exhaust system is the muffler or exhaust system originally installed on the motor vehicle." TO READ: "(c) No motor vehicle shall be equipped with a muffler that emits a noise level of greater than ninety-five decibels." THE REASON FOR THIS CHANGE IS THAT MOTORCYCLES ARE CURRENTLY BEING SOLD IN HAWAI'I THAT ARE BUILT BY THEIR MANUFACTURER WITH AN EXHAUST SYSTEM THAT HAS NO MUFFLER WHATSOEVER AND CREATES A NOISE LEVEL OF APPROXIMATELY 117 - 125 DB(A). THE CURRENTLY WORDED EXCEMPTION "…originally installed on the motor vehicle." MAY INADVERTENTLY PROVIDE A LOOPHOLE FOR THOSE MOTORCYCLES TO CONTINUE EMITTING THEIR UNACCEPTABLE NOISE LEVELS."
WE WILL POST THE DATE FOR THE HEARING ON THIS BILL WHEN AVAILABLE. AT THAT TIME IF YOU WOULD LIKE TO SUBMIT TESTIMONY FOR THIS BILL, CLICK HERE. THIS WILL OPEN A SEPARATE WINDOW TO THE WEB SITE SHOWING THE STATUS OF THIS BILL. AT THE TOP RIGHT OF THE PAGE CLICK THE LINK THAT SAYS "SUBMIT TESTIMONY." YOU WILL BE DIRECTED TO A PAGE WHERE YOU MAY 1) UPLOAD A SEPARATE FILE CONTAINING YOUR TESTIMONY, OR 2) PROVIDE YOUR TESTIMONY AS COMMENTS IN THE FIELD PROVIDED. A SEPARATE FILE WITH YOUR TESTIMONY IS ALWAYS MORE POWERFUL.
HERE IS THE BILL AS CURRENTLY WRITTEN TO REVISE HRS 291-24 (NOTE RED HIGHLIGHTED AREA THAT SHOULD BE AMENDED):
HOUSE OF REPRESENTATIVES
H.B. NO.
2216
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 3. Section 291-24, Hawaii Revised Statutes, is amended to read as follows:
"§291-24 [Motorcycles and mopeds, noisy] Noisy mufflers; penalty. (a) Every [motorcycle and moped] motor vehicle moving under its own power on a public highway shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. No person shall modify the exhaust system of a [motorcycle or a moped] motor vehicle in a manner which will amplify or increase the noise emitted by the motor of [such motorcycle or moped] the motor vehicle above that emitted by the muffler originally installed on the [motorcycle or moped except a motorcycle or moped that:] motor vehicle.
(b) Subsection (a) notwithstanding, a motor vehicle that:
(1) Has three wheels;
(2) Is powered by an electric motor;
(3) Has a full body enclosed cab; and
(4) Has a seat belt assembly or a child restraint system for the driver and passenger;
shall not be required to be equipped with a muffler.
(c) No motor vehicle shall be equipped with a muffler or exhaust system that emits a noise level of greater than ninety-five decibels unless the muffler or exhaust system is the muffler or exhaust system originally installed on the motor vehicle.
[(b)] (d) As used in this section, "muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from the engine of the [motorcycle or moped,] motor vehicle, and being effective in reducing noise.
[(c)] (e) [Whoever] A person who violates this section shall be [fined not more than $100.]:
(1) Required to equip the motor vehicle with a muffler or exhaust system that does not emit a noise level above the decibel level established under subsection (c); and
(2) Required to obtain a certificate of compliance from an inspection station, permitted under section 286-27, to ensure compliance with this section.
(f) An inspection station shall issue a certificate of compliance if the vehicle emits no more than ninety-five decibels when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998. The certificate of compliance shall identify, to the extent possible, the make, model, year, license number, and vehicle identification number of the vehicle tested, and the make and model or description of the muffler exhaust system installed on the vehicle.
(g) For purposes of this section, "motor vehicle" has the same meaning as defined in section 291C-1 but includes a moped, as defined in that section.
(h) A person who violates this section and fails to comply with the requirements of subsection (e) shall be fined not more than $100."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY:
WARD, CHING, FONTAINE, JOHANSON, MARUMOTO, RIVIERE, AND THIELEN
Report Title:
Transportation; Noise; Motor Vehicles; Mopeds
Description:
Prohibits motor vehicle mufflers from emitting a noise level above ninety-five decibels. Authorizes law enforcement officers to issue traffic citations for violations that are correctable. Establishes a penalty for failure to provide proof of correction.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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