| 47 | | - | SECTION 1. The legislature finds that many residents throughout the State have complained of the growing noise pollution and disturbances from loud mufflers on motor vehicles, predominantly motorcycles. The complainants claim that the noise level adversely affects their sleep, particularly in the early morning hours or late at night. As such, the noise may have impacts on public health and safety, as well as peaceful enjoyment and quality of life. The legislature further finds that while existing law prohibits vehicle owners from installing mufflers that increase the noise of their vehicle, the penalties are minimal and do little to deter violators of the existing muffler laws, and in fact, violators are known to add the enhanced noise mufflers after they have passed the county vehicle safety check. Accordingly, the purpose of this Act is to enhance the current laws by increasing the fines that may be issued for violation of loud muffler laws and to also authorize police officers with probable cause to stop vehicles with noticeably noisy mufflers and inspect and examine them for any violations. SECTION 2. Section 291-23, Hawaii Revised Statutes, is amended to read as follows: "§291-23 Penalty. Whoever is convicted of violating any of the provisions of section 291-22 shall be fined not more than [$100.] $300." SECTION 3. Section 291-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Whoever violates this section shall be fined not more than [$100.] $300." SECTION 4. Section 291-24.5, Hawaii Revised Statutes, is amended to read as follows: "[[]§291-24.5[]] Motor vehicle muffler. (a) No person shall use on a public highway, sell, alter or install a muffler which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory. (b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than [$25] $100 nor more than [$250] $300 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation. (c) Any enforcement officer of the State may conduct examinations and inspections if the officer has probable cause to believe that a vehicle's excessively noisy muffler is evidence of violations of subsection (a). No person shall refuse any enforcement officer of the State such examination and inspection." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that many residents throughout the State have complained of the growing noise pollution and disturbances from loud mufflers on motor vehicles, predominantly motorcycles. The complainants claim that the noise level adversely affects their sleep, particularly in the early morning hours or late at night. As such, the noise may have impacts on public health and safety, as well as peaceful enjoyment and quality of life. The legislature further finds that while existing law prohibits vehicle owners from installing mufflers that increase the noise of their vehicle, the penalties are minimal and do little to deter violators of the existing muffler laws, and in fact, violators are known to add the enhanced noise mufflers after they have passed the county vehicle safety check. Accordingly, the purpose of this Act is to enhance the current laws by increasing the fines that may be issued for violation of loud muffler laws and to also authorize police officers with probable cause, as provided by law, to stop vehicles with noticeably noisy mufflers and inspect and examine them for any violations. SECTION 2. Section 291-23, Hawaii Revised Statutes, is amended to read as follows: "§291-23 Penalty. Whoever is convicted of violating any of the provisions of section 291-22 shall be fined not more than [$100.] $300." SECTION 3. Section 291-24, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Whoever violates this section shall be fined not more than [$100.] $300." SECTION 4. Section 291-24.5, Hawaii Revised Statutes, is amended to read as follows: "[[]§291-24.5[]] Motor vehicle muffler. (a) No person shall use on a public highway, sell, alter or install a muffler which will noticeably increase the noise emitted by a motor vehicle above that emitted by the vehicle as equipped from the factory. (b) Any violation of this section shall constitute a violation and shall be enforceable by police officers. The fine for this violation shall be not less than [$25] $100 nor more than [$250] $300 for each separate offense. Any person who violates the provisions of this section may be issued a summons or citation for such violation. (c) Any enforcement officer of the State shall have the authority to conduct examinations and inspections if the officer has probable cause, as provided by law, to believe that a vehicle's excessively noisy muffler is evidence of violations of subsection (a). No person shall refuse any enforcement officer of the State such examination and inspection." SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2050. |
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