Hawaii 2023 Regular Session

Hawaii Senate Bill SB625 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 625 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to motor carrier vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 625
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	625
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to motor carrier vehicles.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the requirements for motor carrier vehicle inspections are ineffective and inconsistently applied. The costs of overseeing and enforcing the inspections are not justified by the inspections' benefits. Vehicle component failure is a factor in a very small percentage of motor vehicle accidents, and many states have eliminated inspection requirements without increased accidents or injuries. In Hawaii, the department of transportation found that alcohol, speed, and distracted driving are leading causes of fatal traffic accidents in the State, rather than causes related to vehicle condition. Accordingly, the purpose of this Act is to repeal the inspection requirements for motor carrier vehicles. SECTION 2. Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows: "(h) This section shall not apply to: (1) Any motor vehicle that is covered by part XI, governing safety of motor carrier vehicle operation and equipment; [provided that the rules adopted pursuant to part IA impose standards of inspection at least as strict as those imposed under subsection (g) and that certification is required at least as often as provided in subsections (a), (b), (c), and (d);] (2) Aircraft servicing vehicles that are being used exclusively on lands set aside to the department of transportation for airport purposes; and (3) Tractor trucks, forklifts, and top picks being used as marine terminal equipment temporarily moving in or between terminals at: (A) Sand Island and along Sand Island Parkway and Sand Island Access Road; (B) Kalanianaole Avenue between Kuhio Street and Kahanu Street, abutting Hilo Harbor; (C) Kawaihae-Mahukona Road abutting Kawaihae Harbor; (D) East Kaahumanu Avenue between Hobron Avenue and Kane Street, abutting Kahului Harbor; and (E) Waipaa Road abutting Nawiliwili Harbor." SECTION 3. Section 286-202, Hawaii Revised Statutes, is amended to read as follows: "§286-202 General duties and powers of the director. The general duties and powers of the director shall be: (1) To establish rules promoting the safety of operations, motor vehicle and equipment of motor carriers; provided that the maximum hours of service to be performed by an operator of a motor carrier vehicle shall be determined by the director based on conditions existing in the State or in particular sections of the State and shall be compatible with those prescribed by the Federal Motor Carrier Safety regulations of the United States Department of Transportation[.]; (2) To coordinate the various motor carrier safety programs in the State including the formulation of statewide standards as necessary[.]; (3) To develop and implement, on a priority basis, a recordkeeping and information system for the motor carrier safety program[.]; (4) To develop standards relating to the qualification of motor carrier vehicle drivers[.]; (5) To establish standards for continuous driver training and periodic evaluation of the driver performance of motor carrier vehicle drivers[.]; [(6) To establish standards for motor carrier vehicle safety inspection, motor carrier vehicle inspection stations, and motor carrier vehicle inspection personnel. (7)] (6) To revise and update the standards relating to motor carrier vehicle maintenance and establish a system for the enforcement of such standards[.]; [(8)] (7) To develop the standards for size and weight of vehicles, including motor carrier vehicles, pursuant to chapter 291[.]; [(9)] (8) To establish standards for the issuance of special permits to carry oversized and overweight loads on the highway[.]; [(10)] (9) To establish standards for the transportation of hazardous materials on the highways[.]; [(11)] (10) To develop comprehensive rules governing the modification of motor carrier vehicles which will at any time be operated upon the highway[.]; [(12)] (11) To review and approve all plans and specifications for construction in the State or modification of motor carrier vehicles which will at any time be operated upon the highway[.]; [(13)] (12) To adopt rules pursuant to chapter 91 necessary for the purposes of this part[.]; and [(14)] (13) To investigate all motor carrier vehicle accidents under this part resulting in death of a human being or other accidents as the director determines necessary to advance the motor carrier safety program." SECTION 4. Section 286-215, Hawaii Revised Statutes, is amended to read as follows: "§286-215 Fees and charges. The director shall establish fair and reasonable fees for applications for approval of plans and specifications for construction or modification of a motor vehicle or class of motor vehicles in Hawaii which will at any time be operated upon the highways as provided in section [286‑202(12).] 286-202(11)." SECTION 5. Section 286-209, Hawaii Revised Statutes, is repealed. ["§286-209 Safety inspection of motor carrier vehicles. (a) Motor carrier vehicles, including but not limited to trucks, truck-tractors, semitrailers, trailers, or pole trailers, having a gross vehicle weight rating of more than ten thousand pounds, motor carrier vehicles having a gross vehicle weight rating of ten thousand pounds or less which transport passengers in the furtherance of a commercial enterprise, including car rental transport vehicles, and motor carrier vehicles used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under 49 C.F.R., subtitle B, chapter I, subchapter C, shall be inspected and certified annually. (b) The director shall adopt rules pursuant to chapter 91 for motor carrier vehicle safety inspections, the issuance of certificates of safety inspection, the affixing of motor carrier vehicle safety inspection decals, and the acceptance of certificates of safety inspection issued in other jurisdictions. (c) The director shall collect a fee of $1.50 for each motor carrier vehicle safety inspection decal issued by motor carrier vehicle inspection stations. All moneys collected shall be paid into the state highway fund. (d) A fee of no more than $12 shall be charged by a motor carrier inspection station for each safety inspection performed. (e) For the purposes of this section, "car rental transport vehicles" means motor carrier vehicles used to transport customers to or from car rental sites."] SECTION 6. Section 286-210, Hawaii Revised Statutes, is repealed. ["§286-210 Operation of a motor carrier vehicle without a safety inspection decal. Whoever operates, permits the operation of, causes to be operated, or parks any motor carrier vehicle on a public highway without a current motor carrier vehicle safety inspection decal, issued under section 286-209, shall be fined $100 for each day of the violation."] SECTION 7. Section 286-211, Hawaii Revised Statutes, is repealed. ["[§286-211] Permits to operate official inspection stations. (a) The director shall issue permits for and furnish instructions and all forms to official inspection stations. The stations shall operate pursuant to standards established by the director. (b) Application for an official inspection station permit shall be made upon an official form and shall be granted only when the director is satisfied that the station is properly equipped and has competent personnel to make the required inspections. Before issuing a permit, the director shall require the applicant to file proof that the applicant has, in effect, a liability insurance policy, issued to the applicant by an insurance company, authorized to do business in the State, insuring against the liability of the applicant and any of the applicant's employees, in minimum amounts as follows: comprehensive public liability insurance in the amount of $10,000 for one person and $20,000 for one accident and comprehensive property damage insurance of $5,000, provided that the director may, by rules and regulations, set higher limits; provided that the proof of insurance need not be filed by an applicant who inspects only vehicles owned by the applicant; and provided further that the proof of insurance need not be filed by instrumentalities of the United States. (c) A permit for an official inspection station shall not be assigned or transferred or used at any location other than that designated by the director and every permit shall be posted in a conspicuous place at the location so designated."] SECTION 8. Section 286-212, Hawaii Revised Statutes, is repealed. ["[§286-212] Suspension or revocation of permits. The director shall supervise and cause inspections to be made of official inspection stations and shall suspend or revoke and require the surrender of the permit issued to a station which the director finds is not properly conducting inspections. The director shall maintain and post at the department lists of all stations holding permits and those whose permits have been suspended or revoked."] SECTION 9. Section 286-213, Hawaii Revised Statutes, is repealed. ["[§286-213] Improper representation as official inspection station. Any person who in any manner represents that the business operated at any location is an official inspection station without a permit issued by the director under section 286-211, or any person other than a person operating an inspection station under a permit granted by the director who issues a certificate of inspection shall be fined not more than $1,000 or imprisoned not more than one year, or both."] SECTION 10. Section 286-214, Hawaii Revised Statutes, is repealed. ["[§286-214] False certificates. Any person who makes, issues, or knowingly uses any imitation or counterfeit of an official certificate of inspection, or any person who displays or causes or permits to be displayed upon any vehicle any certificate of inspection knowing the same to be issued for another vehicle or issued without an inspection having been made or issued without authority as provided herein shall be fined not more than $1,000 or imprisoned not more than one year, or both."] SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 13. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the requirements for motor carrier vehicle inspections are ineffective and inconsistently applied. The costs of overseeing and enforcing the inspections are not justified by the inspections' benefits. Vehicle component failure is a factor in a very small percentage of motor vehicle accidents, and many states have eliminated inspection requirements without increased accidents or injuries. In Hawaii, the department of transportation found that alcohol, speed, and distracted driving are leading causes of fatal traffic accidents in the State, rather than causes related to vehicle condition.
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51	51	Accordingly, the purpose of this Act is to repeal the inspection requirements for motor carrier vehicles.
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53	53	SECTION 2. Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
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55	55	"(h) This section shall not apply to:
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57	57	(1) Any motor vehicle that is covered by part XI, governing safety of motor carrier vehicle operation and equipment; [provided that the rules adopted pursuant to part IA impose standards of inspection at least as strict as those imposed under subsection (g) and that certification is required at least as often as provided in subsections (a), (b), (c), and (d);]
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59	59	(2) Aircraft servicing vehicles that are being used exclusively on lands set aside to the department of transportation for airport purposes; and
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61	61	(3) Tractor trucks, forklifts, and top picks being used as marine terminal equipment temporarily moving in or between terminals at:
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63	63	(A) Sand Island and along Sand Island Parkway and Sand Island Access Road;
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65	65	(B) Kalanianaole Avenue between Kuhio Street and Kahanu Street, abutting Hilo Harbor;
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67	67	(C) Kawaihae-Mahukona Road abutting Kawaihae Harbor;
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69	69	(D) East Kaahumanu Avenue between Hobron Avenue and Kane Street, abutting Kahului Harbor; and
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71	71	(E) Waipaa Road abutting Nawiliwili Harbor."
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73	73	SECTION 3. Section 286-202, Hawaii Revised Statutes, is amended to read as follows:
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75	75	"§286-202 General duties and powers of the director. The general duties and powers of the director shall be:
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77	77	(1) To establish rules promoting the safety of operations, motor vehicle and equipment of motor carriers; provided that the maximum hours of service to be performed by an operator of a motor carrier vehicle shall be determined by the director based on conditions existing in the State or in particular sections of the State and shall be compatible with those prescribed by the Federal Motor Carrier Safety regulations of the United States Department of Transportation[.];
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79	79	(2) To coordinate the various motor carrier safety programs in the State including the formulation of statewide standards as necessary[.];
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81	81	(3) To develop and implement, on a priority basis, a recordkeeping and information system for the motor carrier safety program[.];
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83	83	(4) To develop standards relating to the qualification of motor carrier vehicle drivers[.];
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85	85	(5) To establish standards for continuous driver training and periodic evaluation of the driver performance of motor carrier vehicle drivers[.];
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87	87	[(6) To establish standards for motor carrier vehicle safety inspection, motor carrier vehicle inspection stations, and motor carrier vehicle inspection personnel.
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89	89	(7)] (6) To revise and update the standards relating to motor carrier vehicle maintenance and establish a system for the enforcement of such standards[.];
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91	91	[(8)] (7) To develop the standards for size and weight of vehicles, including motor carrier vehicles, pursuant to chapter 291[.];
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93	93	[(9)] (8) To establish standards for the issuance of special permits to carry oversized and overweight loads on the highway[.];
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95	95	[(10)] (9) To establish standards for the transportation of hazardous materials on the highways[.];
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97	97	[(11)] (10) To develop comprehensive rules governing the modification of motor carrier vehicles which will at any time be operated upon the highway[.];
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99	99	[(12)] (11) To review and approve all plans and specifications for construction in the State or modification of motor carrier vehicles which will at any time be operated upon the highway[.];
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101	101	[(13)] (12) To adopt rules pursuant to chapter 91 necessary for the purposes of this part[.]; and
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103	103	[(14)] (13) To investigate all motor carrier vehicle accidents under this part resulting in death of a human being or other accidents as the director determines necessary to advance the motor carrier safety program."
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105	105	SECTION 4. Section 286-215, Hawaii Revised Statutes, is amended to read as follows:
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107	107	"§286-215 Fees and charges. The director shall establish fair and reasonable fees for applications for approval of plans and specifications for construction or modification of a motor vehicle or class of motor vehicles in Hawaii which will at any time be operated upon the highways as provided in section [286‑202(12).] 286-202(11)."
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109	109	SECTION 5. Section 286-209, Hawaii Revised Statutes, is repealed.
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111	111	["§286-209 Safety inspection of motor carrier vehicles. (a) Motor carrier vehicles, including but not limited to trucks, truck-tractors, semitrailers, trailers, or pole trailers, having a gross vehicle weight rating of more than ten thousand pounds, motor carrier vehicles having a gross vehicle weight rating of ten thousand pounds or less which transport passengers in the furtherance of a commercial enterprise, including car rental transport vehicles, and motor carrier vehicles used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under 49 C.F.R., subtitle B, chapter I, subchapter C, shall be inspected and certified annually.
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113	113	(b) The director shall adopt rules pursuant to chapter 91 for motor carrier vehicle safety inspections, the issuance of certificates of safety inspection, the affixing of motor carrier vehicle safety inspection decals, and the acceptance of certificates of safety inspection issued in other jurisdictions.
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115	115	(c) The director shall collect a fee of $1.50 for each motor carrier vehicle safety inspection decal issued by motor carrier vehicle inspection stations. All moneys collected shall be paid into the state highway fund.
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117	117	(d) A fee of no more than $12 shall be charged by a motor carrier inspection station for each safety inspection performed.
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119	119	(e) For the purposes of this section, "car rental transport vehicles" means motor carrier vehicles used to transport customers to or from car rental sites."]
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121	121	SECTION 6. Section 286-210, Hawaii Revised Statutes, is repealed.
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123	123	["§286-210 Operation of a motor carrier vehicle without a safety inspection decal. Whoever operates, permits the operation of, causes to be operated, or parks any motor carrier vehicle on a public highway without a current motor carrier vehicle safety inspection decal, issued under section 286-209, shall be fined $100 for each day of the violation."]
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125	125	SECTION 7. Section 286-211, Hawaii Revised Statutes, is repealed.
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127	127	["[§286-211] Permits to operate official inspection stations. (a) The director shall issue permits for and furnish instructions and all forms to official inspection stations. The stations shall operate pursuant to standards established by the director.
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129	129	(b) Application for an official inspection station permit shall be made upon an official form and shall be granted only when the director is satisfied that the station is properly equipped and has competent personnel to make the required inspections. Before issuing a permit, the director shall require the applicant to file proof that the applicant has, in effect, a liability insurance policy, issued to the applicant by an insurance company, authorized to do business in the State, insuring against the liability of the applicant and any of the applicant's employees, in minimum amounts as follows: comprehensive public liability insurance in the amount of $10,000 for one person and $20,000 for one accident and comprehensive property damage insurance of $5,000, provided that the director may, by rules and regulations, set higher limits; provided that the proof of insurance need not be filed by an applicant who inspects only vehicles owned by the applicant; and provided further that the proof of insurance need not be filed by instrumentalities of the United States.
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131	131	(c) A permit for an official inspection station shall not be assigned or transferred or used at any location other than that designated by the director and every permit shall be posted in a conspicuous place at the location so designated."]
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133	133	SECTION 8. Section 286-212, Hawaii Revised Statutes, is repealed.
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135	135	["[§286-212] Suspension or revocation of permits. The director shall supervise and cause inspections to be made of official inspection stations and shall suspend or revoke and require the surrender of the permit issued to a station which the director finds is not properly conducting inspections. The director shall maintain and post at the department lists of all stations holding permits and those whose permits have been suspended or revoked."]
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137	137	SECTION 9. Section 286-213, Hawaii Revised Statutes, is repealed.
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139	139	["[§286-213] Improper representation as official inspection station. Any person who in any manner represents that the business operated at any location is an official inspection station without a permit issued by the director under section 286-211, or any person other than a person operating an inspection station under a permit granted by the director who issues a certificate of inspection shall be fined not more than $1,000 or imprisoned not more than one year, or both."]
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141	141	SECTION 10. Section 286-214, Hawaii Revised Statutes, is repealed.
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143	143	["[§286-214] False certificates. Any person who makes, issues, or knowingly uses any imitation or counterfeit of an official certificate of inspection, or any person who displays or causes or permits to be displayed upon any vehicle any certificate of inspection knowing the same to be issued for another vehicle or issued without an inspection having been made or issued without authority as provided herein shall be fined not more than $1,000 or imprisoned not more than one year, or both."]
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145	145	SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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147	147	SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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149	149	SECTION 13. This Act shall take effect upon its approval.
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153	153	INTRODUCED BY: _____________________________
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155	155	INTRODUCED BY:
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163	163	Report Title: Motor Carrier Vehicles; Inspection; Repealed Description: Repeals inspection requirements for motor carrier vehicles. 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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169	169	Report Title:
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171	171	Motor Carrier Vehicles; Inspection; Repealed
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175	175	Description:
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177	177	Repeals inspection requirements for motor carrier vehicles.
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185	185	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.