reid-o

iTrader: (1)

Concerning Reconstructed Vehicles

Hawaii Revised Statutes
§286-85 Reconstructed vehicles, approval required.[/B] (a) No person shall operate a reconstructed vehicle upon a public highway unless it has been inspected and certified by the designated county agency as meeting the specifications and requirements established in rules and regulations adopted by the state director of transportation. (b) This section shall not apply to any vehicle which is subject to the rules and regulations of the public utilities commission governing safety of operation and equipment.
(c) Each county through its chief executive officer, shall designate a county department, whose responsibilities shall include the inspection of reconstructed vehicles and the issuance of permits to operate reconstructed vehicles pursuant to standards established by the state director of transportation.
(d) The state director of transportation shall adopt rules pursuant to chapter 91, establishing the fees an inspector may charge for the inspection of a reconstructed vehicle.
(e) The department designated pursuant to subsection (c) shall identify to the county director of finance every vehicle that has been inspected and approved as a reconstructed vehicle. (f) This section shall not apply to any privately owned reconstructed vehicle in a county with a population of less than 500,000. [L 1977, c 77, §2; am L Sp 1977 1st, c 20, §12; am L 1986, c 122, §1]

http://www.capitol.hawaii.gov/hrscur..._0286-0085.htm

"Reconstructed vehicle" means a vehicle that is registered to be operated on a public highway, and that is: (1) Assembled from new or used parts by a person other than a recognized manufacturer of new vehicles;
(2) Modified to the extent that the identity of the vehicle's make, model, or type is obscured by material changes in its appearance; or
(3) Modified by the removal, addition, alteration, or substitution of other than original replacement essential parts, including the vehicle's body, power train, steering system, suspension system, exhaust system, intake system, or bumper system;
excluding ordinary body repair that does not change the exterior structure of the vehicle. The term does not include a special interest vehicle or a motorcycle.
"Rental or U-drive motor vehicle" means a motor vehicle which is rented or leased or offered for rent or lease for a period of six months or less.
"Semitrailer" means a trailer so constructed that a substantial part of its weight rests upon the truck-tractor by which it is drawn.
"Special interest vehicle" means a vehicle of any age that, because of its significance, is being collected, preserved, restored, or maintained by a collector. The term includes a street rod vehicle and a street rod replica vehicle, as those terms are defined in section 286-26.5; a vehicle manufactured before 1968; and a vehicle manufactured after 1967 to resemble a vehicle manufactured before 1968.

http://www.capitol.hawaii.gov/hrscur..._0286-0002.htm

Hawaii Administrative Rules concerning reconstructed vehicles

http://www.state.hi.us/dot/highways/...s/ruleshwy.htm


Concerning Lights
§291-31.5 Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, mopeds. (a) No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, or moped except for:

(1) County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated;

(2) Department of public safety law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of public safety; or

(3) Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources.


Concerning Noise Violations
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HRS §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.



Sec. 15-19.28 Mufflers--Noise-controlling devices.
(a) No person shall operate a motor vehicle on a public highway or street unless such motor vehicle is equipped, at all times, with a muffler or mufflers in constant operation and of such length and size or of sufficient 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.

(c) 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.

(d) No person shall operate a motor vehicle on a public highway equipped with an exhaust system or device which will amplify or increase the noise emitted by the motor of such motor vehicle above that emitted by the exhaust system or device with which the motor vehicle came originally equipped from the factory.



Concerning Safety Inspections


Here's a link for safety inspections:

__________________________________________________ ____________________________________________

Traffic Infractions and Monetary Assessments:
HRS 249-2 Delinquent Motor Vehicle Tax; (exp.____________) ................. $70
HRS 249-7 ( No / Obstructed / Unclean ) License Plate;( Front / Rear ) $70
HRS 249-11(a) Fraudulent Use of ( Plates / Tags / Emblems ) .............. $280
HRS 286-25 ( No / Expired ) Certificate of Inspection; (exp.___________)$70
HRS 286-47(3) No Certificate of Registration in Vehicle ............................... $70
HRS 286-85 No Reconstruction Permit .................................................. ....... $70
HRS 291-11.5(a) No Child Passenger Restraint .................................... COURT
HRS 291-11.6(a)(1) No Seat Belt; ( Operator / Passenger 4-14 yrs old ) .. $92
HRS 291-11.6(a)(2) No Seat Belt; Front Seat Passenger 15+ yrs old ......... $92
HRS 291-21.5(a) Tinted Glaze Glass - Owner;
(specify window(s):________________________________________ _) .. $287
HRS 291C-15 Duty Upon Striking Unattended ( Vehicle / Property ) ....... $247
HRS 291C-32(a)(3)(A) Disregarding Red Signal .......................................... $97
HRS 291C-32(a)(3)(B) Prohibited Right Turn Against Red Signal ............... $97
HRS 291C-38 Disregarding (___________________) Traffic Lane Lines ... $97
HRS 291C-49 Multi-Lane Roadway Violation ................................................ $97
HRS 291C-63(b) Disregarding Stop Sign .................................................. .... $97
HRS 291C-81(3) Disregarding Traffic Control Device at Intersection .......... $97
HRS 291C-101 Speed Restrictions Under Certain Conditions ..................... $97
HRS 291C-102 Exceeding the Speed Limit
1-10 MPH Over Limit .................................................. ......... $______
11-30 MPH Over Limit .................................................. ........ $______
31+ MPH Over Limit .................................................. ............ COURT
HRS 291C-104 Speeding in ( School Zone / Construction Area ) ............ $297
ROH 15-19.22(b) Unauthorized Use of ( Red / Green / Blue ) Light ........ $57
SLH 2005, ACT 72, Section 1 Violation of Provisional License
Requirements .................................................. ......................................... COURT

Speed infraction calculation:
$47 + (XXXX MPH over the speed limit times $5)

Contesting Citations
(This information is taken with permission from HI-5o on Forumshawaii-if his screen name is not obvious enough, he's a police officer)

So you got a ticket (Citation)... here is some simple advice on what to do.

This applies to citations that do not require you to appear in court.
(Ticket heading 1DTI-07-######)
(With the exception of a few violations;
Under 4 yo, no safety seat
Exhibition of Speed
Excessive Speeding
Most Commercial vehicle violations
and a few others...)

Read the citation first and then read the corresponding law that applies.
http://www.capitol.hawaii.gov/hrscurrent/

Decide if you are going to admit guilt or not...

OPTION #1 If you are going to admit to being guilty and have a reason for the offense, write a letter to the Judge
(Honorable Judge of the Honolulu District Court, should be the very first line...)
*Writing a letter and admitting guilt allows the Judge to make a standing decision. What they decide is final*

OPTION #2 If you're going to fight the citation...
Again write a letter to the Judge and explain the situation.
If you DO NOT admit guilt, then the Judges decision can be later appealed by requesting a Court date to contest the citation in person.

I recommend that a letter be written first, as this allows you to give your side of the story without taking time off of work or school to do so.

Be careful what you write, spell check, grammar check the letter. Remember your stating that you are not guilty, so avoid statements that admit partial guilt. (IE. I did stop before the crosswalk, and that was only a few feet past the stop line...)
Also avoid using profiling or stereotyping as a defense (Those defenses are better suited for a person-to-person defense in court, preferably by an attorney, rather than on paper).
Add in copies of receipts, photos, etc... Remember what you submit to the court in a written letter can be used later if you request a court hearing.

For some good reading:
http://www.expertlaw.com/library/tra...c_tickets.html

http://www.expertlaw.com/library/tra...g_tickets.html

OTHER NOTES:
Not knowing the law is not a valid reason to excuse the violation.
Keep letters concise and on point.
Showing that equipment violations have been corrected is not a guarantee pass on the citation.

substitude

iTrader: (4)

This is the other only official DOT document that I've seen that pertains to recon.

http://www.state.hi.us/dot/highways/...024%201986.pdf

It is found here:
http://www.state.hi.us/dot/highways/...s/ruleshwy.htm
See Subtitle 5, Chapter 134.

What I don't get is... if this is such a heavily enforced motor vehicle violation, why can't they keep this set of administrative rules more up to date so that we can keep ourselves better educated. Instead we have to rely on word of mouth & automotive forums... not always the most reliable forms of media.

reid-o

iTrader: (1)

If you can also help me also find the typical "Equipment Violation" fees, I would appreciate it.
After reading the "official" procedure, I'm skeptical whether my STI would have passed stock.

substitude

iTrader: (4)

I'll check with a friend who does criminal defense, I'm thinking he knows the fee schedules.... or where to find 'em.

ReleaseDaKraken

iTrader: (12)

So since i can't pass recon, how do we abolish it?

reid-o

iTrader: (1)

It looks as though one does need a reconstruction permit for exhaust and body modifications, unless the above definition has been amended or changed recently for reconstructed vehicles.

So "you"(we) could either try to change the definition of "reconstructed vehicles" or change the testing procedure required for the permit.

eRicaSWGN

2008 hawaii revised statues does not come out until November, so all published information will be "out of date" until then. It will be fun to see what the differences are.

It should be interesting changing recon laws because no body involved seems to know much about cars...I think if enough people point out the problems they will have to do something.

I was told recon is left open ended for many reasons, if you want the most up to date information they advise you to call the recon office... since they are the only ones who usually know : )

UnpimpeD

It is really nice to see the information posted.
Via a favor through a friend eRicaSWGN and I were able to talk to a decently ranked "recon official". I can tell you he knew nothing about cars but was still extremely firm that recon was fine as is. It was very bureaucratic and unproductive. Unless someone knows anybody there that is more understanding I think best way for change is a lot of letters from a lot of people pointing out the stuff that does not make sense. I would just worry about it possibly backfiring and the laws getting tighter.

reid-o

iTrader: (1)

In looking up the statutes, I read a lot of the minutes for various neighborhood boards (I can provide links if anyone wants a bigger picture)--to which an HPD officer was present--and in every board meeting exhaust noise and speeding were common complaints, and in each case, the officer responded with the recon law being used to control the issue, so I can understand keeping it "open" ended rather than writing specific laws each time a complaint comes up. In reading the boards, I got the point. The law is open ended to quell the "ifs."

Who regulates and decides the testing procedures for the reconstruction permit? Is it the DOT? It looks to me that one issue is the disconnection between the various institutional bodies. If the statute is changed and made more specific, would that necessarily mean that the testing procedures will change? Because that's actually the problem.

Because I don't think anything is wrong with HRS code itself. But if they change the statute in a way that keeps the testing procedure the same, then nothing's really changed.

UnpimpeD

ugh i had a nice long post and I got booted off. I used to work on recon in my free time but we a had a few people leave and I inherited their work so not so much anymore

So in summary, Hawaii state legislature is the only one I know to be involved with recon. Who they get their automotive expertise from I do not know.

The bodies are very fractured here, in our little meeting we asked him who came up with the tests and why certain standards existed and he did not know.

Sgt Robert lung is with HPD traffic division and may be worth a try.
I have considered calling the recon office and being transferred around until I actually found something out...

technically tests would change with statue change. I think all of the current tests fit the legislation... so you would have to prove (ex) the bounce test does not fulffill the suspension mod recon requirement.

reid-o

iTrader: (1)

Thanks for the information and tips.
I'll look into it more and try to keep this thread updated.

eRicaSWGN

I know we wish we could do more to help. We put a lot of work into getting that meeting and once that bombed I think we were too discouraged to put more time into it.

reid-o

iTrader: (1)

I read through all of the testing procedure and noted no justification. This may sound naive, but can they do that?

I also was confused by the statute's wording, as it states "meeting the specifications and requirements established in rules and regulations adopted by the state director of transportation." I thought that meant the DOT was in charge of producing the standards and specs but I guess it meant that they just adopt and approve them. I was thrown off because there's no ownership attached to the word "established," as in who establishes them. But now I know.


This is all very interesting.

eRicaSWGN

DOT told us that they were not affiliated with recon. But all we did was call and ask, so there may be more to it.

Like you stated everything seems fractured so as silly as it is we just decided to call people and ask, lol.

reid-o

iTrader: (1)

Yeah thanks. Im doing all this from work (I work for the state ), so I can't really pick up the phone, but I should have.