§19 133

133.2-1

Rules Amending Title 19

Hawaii Administrative Rules

1. Chapter 133.2 of Title 19, Hawaii

Administrative Rules, entitled "Periodic Inspection of

Vehicles" is amended and compiled to read as follows:

"HAWAII ADMINISTRATIVE RULES

TITLE 19

DEPARTMENT OF TRANSPORTATION

SUBTITLE 5

MOTOR VEHICLE SAFETY OFFICE

CHAPTER 133.2

PERIODIC INSPECTION OF VEHICLES

Subchapter 1 General Provisions

§19-133.2-1 Definitions

§19-133.2-2 Scope of chapter

§19-133.2-3 Inspection and certification of

vehicles

§19-133.2-4 Administration and enforcement

Subchapter 2 Inspection Stations

§19-133.2-5 Inspection stations; permits

§19-133.2-6 Types of inspection station permits

§19-133.2-7 Application for inspection station

permits

§19-133.2-8 Issuance of inspection station permits

§19-133.2-9 Inspection station permit form

§19-133.2-10 Inspector certification

§19-133.2-11 Application for inspector certification

§19-133.2-12 Issuance of inspector certificates

§19-133.2-13 Inspector certificate form

133.2-2

§19-133.2-14 Inspection stations; operating

procedures

§19-133.2-15 Inspection records

§19-133.2-16 Supervision of inspection stations

§19-133.2-17 Enforcement

§19-133.2-18 Operating procedures for inspectors

§19-133.2-19 Supervision of inspectors

Subchapter 3 General Procedure for Inspection

§19-133.2-20 Application for inspection

certification

§19-133.2-21 Causes for refusal to inspect

§19-133.2-22 Inspection fees

§19-133.2-23 Failure to qualify for certification

and correction of defects

§19-133.2-24 Issuance of certificates of inspection

and affixing of inspection

stickers

§19-133.2-25 Replacement of lost, stolen, or

destroyed stickers or certificates

§19-133.2-25.5 Validity period of stickers for new

vehicles

§19-133.2-26 Items to be inspected

§19-133.2-27 Inspection of vehicle registration,

license plate, vehicle

identification number, and proof

of insurance

§19-133.2-28 Inspection of steering and suspension

systems

§19-133.2-29 Inspection of tires and wheel alignment

§19-133.2-30 Inspection of wheels

§19-133.2-30.5 Inspection of drive train

§19-133.2-31 Inspection of brakes

§19-133.2-32 Inspection of lamps and reflectors

§19-133.2-33 Inspection of horns

§19-133.2-34 Inspection of glazing materials

§19-133.2-35 Inspection of body and interior

components

§19-133.2-36 Inspection of exhaust system

§19-133.2-37 Inspection of intake and fuel system

§19-133.2-38 Inspection of speedometer-odometer

§19-133.2-1

133.2-3

§19-133.2-39 Standards and criteria

§19-133.2-40 Repealed

§19-133.2-40.5 Specific inspection procedures and

standards for neighborhood

electric vehicles

§19-133.2-41 Department of Transportation may

contract with counties

Subchapter 4 Severability

§19-133.2-42 Severability

Historical note. This chapter is based

substantially on chapter 19-133.1, Hawaii

Administrative Rules. [Eff 3/19/87; R 7/31/89; am and

comp Dec 02, 2005; am and comp 8/13/2011; am and

comp Nov 1, 2013; comp ]

SUBCHAPTER 1

GENERAL PROVISIONS

§19-133.2-1 Definitions. As used in this

chapter:

"Ambulance" means a motor vehicle designed and

equipped to provide normal and emergency

transportation for persons requiring medical care.

"Bus" means the same as defined in section 291C-

1, HRS.

"Certified vehicle inspector" or "inspector"

means a person who possesses a current, valid vehicle

inspector certificate issued by the director.

"County agency” means the county department

contracted by the director to have the responsibility

for supervising, enforcing, and administering the

periodic vehicle inspection program in that county.

"Department" means the state department of

transportation (DOT).

"Director" means the director of the state

department of transportation.

"Electronic inspection form" means a computerized

§19-133.2-1

133.2-4

inspection form that lists the components to be

inspected and can be filled out by electronic means

and then transfer the data to a server immediately

upon completion of the inspection; a certificate

indicating that the vehicle passed inspection and

sticker are then automatically printed.

"Electronic form contractor" means the entity

that contracts with the director to implement the

electronic form program.

"Glazing materials" means any glass, plastic, or

like material, manufactured for use in or on a

vehicle, including but not limited to windshields,

window openings or interior partitions.

"Gross vehicle weight rating" (GVWR) means the

weight of the vehicle plus the weight of the maximum

load it is designed to carry.

"Moped" means the same as defined in section

291C-1, HRS.

"Motorcycle" means the same as defined in section

291C-1, HRS.

"Motor Scooter" means the same as defined in

section 291C-1, HRS.

"Motor vehicle" means the same as defined in

section 286-2, HRS.

"Neighborhood Electric Vehicle" means the same as

defined in section 291C-1, HRS.

"Official inspection station" or "inspection

station" means a person, partnership, or corporation

that is authorized and issued a permit by the director

to conduct official vehicle inspections.

"Official vehicle inspection" or "inspection"

means that inspection of vehicle equipment and

components as required by this chapter.

"Passenger car" means the same as defined in

section 286-2, HRS.

"Pole trailer" means the same as defined in

section 286-2, HRS.

"Rental or U-Drive motor vehicle" means the same

as defined in section 286-2, HRS.

"Semitrailer" means the same as defined in section

286-2, HRS.

"Special interest vehicle" means the same as

§19-133.2-2

133.2-5

defined in section 286-2, HRS.

"State" means the State of Hawaii.

"Sun screening devices" means as defined in

section 291-21.3, HRS.

"Taxicab" means any motor vehicle for hire

designed to carry seven passengers or less, operating

on call or on demand, accepting any passenger with or

without baggage for transportation on the public

highways as directed to a destination by the passenger

or on behalf of the passenger and the charges for

service are being recorded by a taximeter, based upon

the distance traveled, plus waiting time, if any, or

the combination of distance traveled and time elapsed.

"Trailer" means the same as defined in section

286-2, HRS.

"Truck" means the same as defined in section 286-

2, HRS.

"Truck-tractor" means the same as defined in

section 286-2, HRS.

"Vehicle" means the same as defined in section

286-2, HRS. [Eff 7/31/89; am and comp Dec 02, 2005;

comp 8/13/2011; am and comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18, -26, 291-21.5)

(Imp: HRS §§286-2, -16, -26, 291-21.5)

§19-133.2-2 Scope of chapter. (a) This chapter

shall apply to all motor vehicles and trailers except

those which are subject to the motor carrier safety

law, part XI, chapter 286, [Hawaii Revised Statutes]

HRS.

(b) This chapter shall also apply to:

(1) The registered owner of any motor vehicle or

trailer operated on the public highways in

the State;

(2) Every person who operates or parks any motor

vehicle or trailer on a public highway in

the State;

(3) Every official inspection station; and

(4) Every person who conducts official vehicle

inspections.

§19-133.2-2

133.2-6

(1) Any vehicle owned and operated by an agency

of the federal government, provided that

such vehicle, when operated on the public

highways carries a certificate within the

vehicle showing that the vehicle has been

inspected and certified under an equivalent

periodic inspection program operated by the

federal government;

(2) Military vehicles owned and operated by the

armed forces of the United States which are

manufactured for, and sold directly to the

armed forces in conformity with military

contractual specifications; and

(3) Farm tractors, implements of husbandry, and

special mobile equipment temporarily drawn,

moved, or otherwise propelled on the public

highways and which are not required to be

registered and licensed. [Eff 7/31/89;

am and comp Dec 02, 2005; comp 8/13/2011;

comp Nov 1, 2013; am and comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS

§§286-16, -26)

§19-133.2-3 Inspection and certification of

vehicles. (a) All ambulances shall be inspected and

certified once every six months.

(b) All taxicabs shall be inspected every 12

months.

trailers, semi-trailers, and pole trailers shall be

inspected and certified every twelve months, except

that vehicles over 10,000 pounds GVWR without a DOT

exemption from the motor carrier program must be

inspected under that program, and new non-motor

carrier vehicles shall be inspected on or before the

date they are first sold and then every twelve months

two years after the date they are first sold. [Eff

7/31/89; am 3/31/94; am and comp Dec 02, 2005; am and

comp 8/13/2011; comp Nov 1, 2013; comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS §286-26)

§19-133.2-5

133.2-7

§19-133.2-4 Administration and enforcement.

(a) The director shall administer and enforce this

chapter with respect to the certification of

inspection stations [and], inspectors, and vehicles.

(b) The director shall be responsible for:

(1) Issuing permits for and the furnishing of

instructions and necessary forms to official

inspection stations, provided electronic

inspection form equipment shall be provided

by the electronic form contractor;

(2) Supervising and inspecting official

inspection stations;

(3) Suspending or revoking permits issued to a

station whenever the director determines

through inspection or investigation that the

station is not properly conducting

inspections in accordance with this chapter;

[and]

(4) Certifying persons as being authorized to

conduct inspections[.]; and

(5) Electronic flagging of vehicles that passed

inspection when they should have failed or

not been inspected at all. These vehicles

include off-road vehicles and military

vehicles that were not manufactured to

comply with FMVSS. This flag shall be

placed in the State registration database

and the State electronic inspection

database. [Eff 7/31/89; am and comp Dec 02,

2005; am and comp 8/13/2011; am and comp Nov

1, 2013; am and comp ] (Auth:

HRS §286-26) (Imp: HRS §§286-26, -27, -28)

SUBCHAPTER 2

INSPECTION STATIONS

§19-133.2-5 Inspection stations; permits. The

director shall be responsible for the following duties

with respect to the application for an official

inspection station permit:

§19-133.2-5

133.2-8

(1) Issuing permits designating each inspection

station that meets the minimum standards

required by this chapter to conduct

inspections;

(2) Inspecting the station facilities and

equipment of each applicant to [insure]

ensure that the minimum standards required

by this chapter are met;

(3) Ascertaining that each applicant meets the

minimum requirements of this chapter with

respect to having an appropriately certified

inspector in its employ;

(4) Recording the results of all inspections of

station facilities and equipment of each

applicant;

(5) Maintaining a file of all records for each

applicant from the date of application till

the date of termination;

(6) Providing official application forms for an

inspection station permit; and

(7) Developing and issuing additional forms as

may be necessary to administer the issuance

of official inspection station permits.

[Eff 7/31/89; comp Dec 02, 2005; comp

8/13/2011; am and comp Nov 1, 2013; am and

comp ] (Auth: HRS §286-26) (Imp:

HRS §286-27)

§19-133.2-6 Types of inspection station permits.

There shall be two types of inspection station permits

to be designated as:

(1) Public permits - to conduct inspections on

all types of vehicles listed on the face of

the permit that are presented for

inspection; or

(2) Private permits - to conduct inspections

only on those types of vehicles listed on

the face of the permit which are owned by

and registered to the owner and operator of

the official inspection station, or leased

for the purpose of conducting the business

§19-133.2-7

133.2-9

of the inspection station, provided the

business has at least 25 [vehicle] vehicles

under the purview of the PMVI program. Any

government agency may be a private station.

A private station qualification shall be

determined by the director. [Eff 7/31/89;

comp Dec 02, 2005; am and comp 8/13/2011; am

and comp Nov 1, 2013; am and comp ]

(Auth: HRS §286-26) (Imp: HRS §286-27)

§19-133.2-7 Application for inspection station

permits. Each applicant or application for

certification as an inspection station shall comply

with the following:

(1) Application for the permit shall be made on

an official form furnished by the director.

(2) The applicant shall provide the following

information:

(A) The registered business name and trade

"dba" name, when applicable, of the

station;

(B) The exact address and location of the

applicant’s place of business where the

inspections will be conducted. (A

separate application shall be made for

each additional location owned or

operated by the applicant which is to

be certified as an inspection station);

or supervisor who is a certified

vehicle inspector and will be

responsible and accountable for the

inspections and the performance of the

inspections;

(D) The applicant’s type of business; e.g.,

service station, car rental, repair

shop, automobile dealer;

(E) Type of permit requested (public or

private);

(F) A list of the names and inspector

certificate numbers of certified

§19-133.2-7

133.2-10

inspectors presently employed by the

applicant; and

(G) Document that the station location is

properly zoned and station has any

required state and county permits or

licenses to conduct business as an

official inspection station.

(3) The application for certification as an

inspection station shall be signed by a

person or persons authorized to execute

documents that will bind the applicant.

[Eff 7/31/89; am and comp Dec 02, 2005; am

and comp 8/13/2011; am and comp Nov 1, 2013;

comp ] (Auth: HRS §§286-18, -26)

(Imp: HRS §§286-16, -27)

§19-133.2-8 Issuance of inspection station

permits. (a) The director shall issue inspection

station permits only to those applicant stations which

have been certified by the director as meeting the

standards set forth in this section.

(b) Each inspection station serving the public

shall have a certified vehicle inspector scheduled to

be immediately available at the station to conduct

vehicle inspections for a total of eight hours each

day, five days a week between 6:00 AM and 6:00 PM,

except designated holidays.

inspection station shall be a certified vehicle

inspector.

(d) Each inspection station shall conform to the

following requirements:

(1) The inspection areas shall:

(A) Have permanently constructed

substantial protection from the

weather;

(B) Be designated and marked as the

inspection area;

(D) Have a hard surface, such as concrete,

and be in sound condition. Wood or

§19-133.2-8

133.2-11

dirt floors shall not be acceptable;

(E) Have a surface limited to a 2.5 per

cent slope (three inches in ten feet);

and

(F) Have no hazardous conditions that may

injure persons or damage the vehicle;

(2) The total interior floor area and the

exterior ground space, including parking

areas which are used by the public, shall be

free of dirt, gravel, grease, oil, debris,

or other noxious, hazardous substances;

(3) Every inspection station shall have a

vehicle headlamp test area that is flat and

level within the calibration limits of the

headlamp aim testing equipment; and

(4) Every inspection station shall have a

contract with the electronic form contractor

to implement the electronic inspection form

program.

(e) Every inspection station shall have the

following tools and equipment available and in good

working condition at the station location:

(1) One headlamp testing device, such as a

mechanical aimer, optical or photoelectric

aiming device, or aiming screen of a type

approved by the director;

(2) One vehicle end lift, vehicle hoist, drive

over pit, drive-on ramp or a floor jack

having a minimum lift capacity of four

thousand pounds along with the required jack

stands to facilitate a complete view of the

underside of the vehicle to be inspected; if

the station has a drive over pit or drive-on

ramp, it must also have a floor jack;

(3) One flashlight or work light capable of

illuminating under vehicle or engine

compartment inspections;

(4) A tire tread depth gauge scored in 1/32 inch

increments or fifteen centimeters scored in

increments of one millimeter;

(5) A tire pressure gauge marked in pounds per

square inch or its metric equivalent; and

§19-133.2-8

133.2-12

(6) A window light transmittance meter (WTM)

with a margin of error no greater than plus

or minus six per cent for testing sun

screening devices affixed to the glazing

materials of the vehicle to be inspected;

provided that the items described in

paragraphs (2) and (6) shall not be required

for stations which limit their vehicle

inspections to motorcycles and motor

scooters. Private stations that are exempt

by the director from testing sun screening

devices shall not be required to comply with

paragraph (6).

(f) Each inspection station shall obtain and

maintain a current paper copy of this chapter in good

legible condition for use exclusively at the

inspection station.

(g) In accordance with section 286-27(b), HRS,

each public inspection station shall provide proof

that there is in effect a station liability insurance

policy issued to the station owner or operator by an

insurance company authorized to do business in the

State. If a trade "dba" name is used, the registered

business name must be used with it. The policy shall

insure the owner or operator and any other employees

authorized to inspect vehicles in the minimum amounts

of $10,000 for comprehensive public liability for one

person, $20,000 for one accident, and $5,000 for

comprehensive property damage. This requirement shall

not apply to private stations.

(h) A DSL or higher speed internet connection to

accommodate the equipment that is used in the

electronic inspection form program. [Eff 7/31/89; am

and comp Dec 02, 2005; am and comp 8/13/2011; am and

comp Nov 1, 2013; am and comp ] (Auth: HRS

§§286-18, -26, 291-21.5) (Imp: HRS §§286-16, -27,

291-21.5)

§19-133.2-9 Inspection station permit form. (a)

The inspection station permit shall be in a form

approved by the director.

§19-133.2-10

133.2-13

(b) The following information shall appear on

the face of the permit:

(1) The registered name of the person,

partnership, or corporation owning and

operating the inspection station;

(2) The trade "dba" name of the inspection

station;

(3) The address and location of the inspection

station;

(4) A permit control number;

(5) The date the permit is issued;

(6) The type of inspection station, public or

private (fleet);

(7) The type or class of vehicles the station is

authorized to inspect; and

(8) The signature of the agent authorized to

issue inspection station permits, with the

agent’s title, typed under the signature.

place at the location where the inspections are

conducted, and shall be visible to all vehicle owners

who present their vehicles for inspection.

(d) The permit shall not be assigned,

transferred, or used at any location other than the

location listed on the face of the permit as the place

where the inspection is to be conducted. [Eff

7/31/89; am and comp Dec 02, 2005; am and comp

8/13/2011; comp Nov 1, 2013; comp ] (Auth:

HRS §§286-18, -26, 291-21.5) (Imp: HRS §§286-16, -27,

291-21.5)

§19-133.2-10 Inspector certification. The

director shall be responsible for:

(1) Issuing certificates authorizing persons to

conduct inspections;

(2) Administering written and performance

examinations for all applicants;

(3) Recording the results of all examinations;

(4) Maintaining a record of examination results

for a period of one year from the date the

applicant took the examination;

§19-133.2-10

133.2-14

(5) Maintaining a record of examination results

for the entire period for which an

inspector’s certificate is valid;

(6) Maintaining a file for all inspectors for a

period of one year after decertification;

and

(7) Developing and issuing additional forms as

may be necessary for administering the

inspector certification process. [Eff

7/31/89; comp Dec 02, 2005; comp 8/13/2011;

am and comp Nov 1, 2013; comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS

§§286-16, -27)

§19-133.2-11 Application for inspector

certification. (a) Application or inspector

certification shall be made on a form furnished by the

director.

(b) The applicant shall provide the following

information on the form:

(1) Type of application (original or renewal);

(2) Applicant’s last name, first name, and

middle initial(s);

(3) Applicant’s home address;

(4) Applicant’s telephone numbers;

(5) Applicant’s date of birth;

(6) Type of valid Hawaii driver license and

driver license number of the applicant;

(7) Applicant’s technical licenses or

certificates (attach copies);

(8) Proof of applicant's experience in vehicle

inspection, automotive mechanics, automotive

maintenance, and related automotive

mechanics experience (include names and

phone numbers of supervisors);

(9) Applicant’s signature to the declaration

that all furnished information is true, and

that applicant gives the State and County

permission to contact any and all persons

necessary to confirm the accuracy of

information provided; and that upon

§19-133.2-12

133.2-15

certification as an inspector, the applicant

shall conduct inspections in accordance with

this chapter; and

(10) The date the application is filed. [Eff

7/31/89; am and comp Dec 02, 2005; am and

comp 8/13/2011; am and comp Nov 1, 2013;

comp ] (Auth: HRS §§286-18,

-26) (Imp: HRS §§286-16, -27)

§19-133.2-12 Issuance of inspector certificates.

The director shall issue official vehicle inspector

certificates only to those applicants who meet the

following minimum standards:

(1) Be able to read and legibly print the

English language and Arabic numerals;

(2) Be at least eighteen years of age at the

time the application is submitted to the

director;

(3) Have a valid Hawaii driver license for the

type of vehicle to be inspected;

(4) Have:

(A) One year of training in automotive

mechanics, or a related technical field

at a school conducting regularly

scheduled classes; or

(B) Two years of practical employment

experience in automotive maintenance

[and], repair, or inspection; and

(5) Have completed a written and performance

examination administered by the director.

Motorcycle and moped inspectors must pass a

written and performance examination specific

to motorcycles or mopeds. The minimum

qualifying score on these examinations shall

be eighty per cent. Persons who fail a test

must wait at least seven days before taking

it again. A written test shall be scheduled

after the application is approved. All test

scores shall be recorded in the applicant’s

file and dated. If an applicant fails

either the knowledge or practical test, [a

§19-133.2-12

133.2-16

new application must be submitted. The] the

applicant must then start the testing

process all over again, beginning with the

knowledge test. Applicants are allowed a

maximum of three [applications per year]

knowledge or three practical tests in a one-

year period. One year after the date of the

oldest of the three failed tests, a new test

may be given. [Eff 7/31/89; am and comp Dec

02, 2005; am and comp 8/13/2011; am and comp

Nov 1, 2013; am and comp ] (Auth:

HRS §§286-18, -26, 291-21.5) (Imp: HRS

§§286-16, -27, 291-21.5)

§19-133.2-13 Inspector certificate form.

(a) The inspector’s certificate shall contain the

following information:

(1) The name of the person to whom the

certificate is issued;

(2) The date the certificate is issued;

(3) The expiration date of the certification as

an inspector;

(4) The signature and printed name of the agent

authorized to issue the certificate;

(5) The number of the certificate; and

(6) The signature of the person to whom the

certificate is issued.

[(b) On the reverse side of the inspector

certificate shall be listed the following:

(1) The types of vehicles the inspector is

certified to inspect; and

(2) The name and location of the inspection

station at which the inspector is authorized

to do inspections.]

[(c)](b) Every inspector certificate shall be

displayed with the inspection station permit, in a

conspicuous place, at the location where inspections

are conducted. If the inspector conducts inspections

at more than one location, a duplicate inspector’s

certificate shall be displayed at each additional

location.

§19-133.2-14

133.2-17

[(d)](c) The inspector’s certificate authorizes

the inspector to conduct vehicle inspections only for

the vehicle types listed (motorcycles must be listed

separately) and at the station locations listed on the

reverse side of the certificate.

[(e)](d) Duplicate inspector certificates may be

issued upon satisfactory explanation by the inspector

as to what happened to the original certificate. The

duplicate certificate shall contain the following

information:

(1) The original certificate control number with

the word "duplicate" written after the

number; and

(2) The expiration date specified on the

original certificate.

[(f)](e) The inspector certificate shall expire

four years from the date of issuance, unless revoked

or suspended by the director. Inspectors are

responsible for keeping certificates current. No

reminder notices will be sent to inspectors.

[(g)](f) Recertification of inspectors shall

conform to the following requirements:

(1) Application for renewal of certification

shall be made by the inspector not more than

sixty days prior to the expiration of the

certificate; and

(2) Recertification shall follow the

certification procedure.

[(h)](g) Inspector’s certificates issued before

the effective date of this chapter shall be valid for

four years from the date of issuance, unless revoked

or suspended by the director.

[(i)](h) The inspector certificate shall be

valid only in the county where it was issued. [Eff

7/31/89; am and comp Dec 02, 2005; am and comp

8/13/2011; am and comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18, -26) (Imp:

HRS §§286-16, -27)

§19-133.2-14 Inspection stations; operating

procedures. (a) Official inspection stations shall

§19-133.2-14

133.2-18

be operated in accordance with this chapter and the

following:

(1) Inspection stations shall be operated with

reasonable regard for the convenience of the

public;

(2) Inspections shall be conducted only at

inspection stations which have been issued a

permit by the director;

(3) Inspections shall be conducted only by

inspectors who have a valid inspector’s

certificate; and

(4) Official inspection stations shall not allow

any of their vehicles to be out of

compliance with this chapter.

(b) The director shall provide a way for

stations to obtain these rules. The director may

require persons receiving rules to pay the cost of

those items.

to post a sign clearly visible from a public area,

containing the words "Official Vehicle Inspection

Station", together with the identifying numbers and

letters assigned to that station. The displaying of,

size of the sign, and lettering thereon shall conform

to all applicable requirements of the county sign

ordinance.

(d) Stations shall contract with the electronic

form contractor. The electronic inspection form

contractor shall collect and compile information

inputted by inspectors when they conduct vehicle

inspections, print out a completed certificate or

vehicle failure notice and a sticker, and transfer the

data to a server. The DOT and county officers shall

have access to the information contained in the

computerized system and be able to use it for PMVI

program enforcement purposes. [Eff 7/31/89; am and

comp Dec 02, 2005; am and comp 8/13/2011; am and comp

Nov 1, 2013; am and comp ] (Auth: HRS

§§286-18, -26, 291-21.5) (Imp: HRS §§286-16, -27,

291-21.5)

§19-133.2-16

133.2-19

§19-133.2-15 Inspection records. (a) A vehicle

certificate of inspection shall be completed and

signed by the certified inspector who performs the

inspection for each vehicle inspected.

(b) The inspection station operator shall ensure

that the owner of each inspected vehicle receives a

completed certificate of inspection and has a sticker

affixed to the rear of the vehicle or receives a

notice of vehicle failure. [Eff 7/31/89; am 3/31/94;

am and comp Dec 02, 2005; am and comp 8/13/2011; am

and comp Nov 1, 2013; comp ] (Auth: HRS

§§286-17, -26, 291-21.5) (Imp: HRS §§286-16, -27,

291-21.5)

§19-133.2-16 Supervision of inspection stations.

The director shall exercise supervisory control over

all inspection stations. This supervisory function

shall include, but not necessarily be limited to the

following activities:

(1) Issuing instructions and any forms as may be

required for:

(A) Proper use of the electronic inspection

form equipment;

(B) The proper entry of data by inspection

station operators;

station facilities and equipment used

in the inspection of vehicles;

(2) Monitoring and inspecting inspection

stations to:

(A) Evaluate the procedures used in the

inspection of vehicles;

(B) Evaluate the condition of vehicle

inspection facilities and equipment

used in vehicle inspections;

test equipment used in vehicle

inspections;

(3) Analyzing official vehicle inspection data

to evaluate the performance of inspection

stations and take appropriate action as may

§19-133.2-16

133.2-20

be indicated;

(4) Preparing and maintaining appropriate

records for each inspection station; and

(5) Preparing a report at the end of each

quarter covering periodic vehicle inspection

activities. This report shall contain, but

is not necessarily limited to, the

following:

(A) The number of vehicle inspection station

investigations conducted;

(B) The number of official inspection

station permits suspended;

station permits revoked;

(D) The number of active official

inspection stations;

(E) The number of inspector certificates

suspended;

(F) The number of inspector certificates

revoked;

(G) The number of active certified

inspectors;

(H) The number of inspectors investigated;

(I) The number of inspection stations

monitored; and

(J) The number of inspectors monitored.

[Eff 8/31/89; comp Dec 02, 2005; am and

comp 8/13/2011; am and comp Nov 1,

2013; comp ] (Auth: HRS

§§286-18, -26) (Imp: HRS §§286-16,

-27)

§19-133.2-17 Enforcement. The director shall

suspend or revoke inspection station permits or

inspector certificates in accordance with this chapter

and chapter 19-133.5, when it finds that an inspection

station or inspector is not in compliance with the

appropriate rules. The director shall adopt rules

pursuant to chapter 91 HRS, to govern suspensions and

revocations. [Eff 7/31/89; am and comp Dec 02, 2005;

am and comp 8/13/2011; am and comp Nov 1, 2013;

§19-133.2-18

133.2-21

comp ] (Auth: HRS §§286-18, -26) (Imp:

HRS §§286-16, -27)

§19-133.2-18 Operating procedures for

inspectors. Inspectors shall conduct all inspections

in accordance with this chapter and the following:

(1) No person shall claim to be an inspector or

issue any official inspection certificate

and sticker unless that person possesses a

current, valid, inspector certificate to

conduct inspections of the vehicle type and

at the inspection station location indicated

on the certificate;

(2) Certified inspectors shall be the only

persons authorized to fill out and sign the

inspection certificate and issue and affix

an inspection sticker to a vehicle after

successful completion of the inspection;

(3) A certified inspector may be assisted by a

noncertified person when conducting an

inspection, provided that the noncertified

person and inspector must work together and

at the same time on the same vehicle when

doing the inspection as a means of training

a potential inspector;

(4) Any inspector, working at a public

inspection station, shall not require

unnecessary repairs, make excessive charges,

or act abusively to customers seeking

inspection certification for their vehicles;

[and]

(5) Certified inspectors shall not allow their

personal vehicles to be out of compliance

with motor vehicle equipment and inspection

rules and laws[.]; and

(6) Certified inspectors shall not make

modifications to any vehicle that would make

the vehicle noncompliant with motor vehicle

inspection rules and laws. [Eff 7/31/89; am

and comp Dec 02, 2005; am and comp

8/13/2011; am and comp Nov 1, 2013; am and

§19-133.2-18

133.2-22

comp ] (Auth: HRS §§286-18, -26)

(Imp: HRS §§286-16, -27)

§19-133.2-19 Supervision of inspectors. The

director shall exercise control over all inspectors.

This supervisory function shall include, but is not

necessarily limited to, the following activities:

(1) Examining and qualifying all inspector

applicants;

(2) Issuing forms as may be required;

(3) Monitoring inspection activities of

inspectors; and

(4) Conducting investigations of reported or

suspected improper inspection activities.

[Eff 7/31/89; comp Dec 02, 2005; comp

8/13/2011; am and comp Nov 1, 2013;

comp ] (Auth: HRS §§286-18, -26)

(Imp: HRS §§286-16, -27)

SUBCHAPTER 3

GENERAL PROCEDURE FOR INSPECTION

§19-133.2-20 Application for inspection

certification. (a) Any vehicle owner or operator

shall be allowed to make an appointment with any

public inspection station for inspection of a vehicle.

The appointment shall be scheduled within fifteen days

after the date of application for inspection.

(b) Any vehicle owner or operator shall not be

obligated to have any repair work performed at the

station where the inspection is made.

required to meet all county agency reconstructed

vehicle inspection requirements other than the

registration requirements for the county in which it

is operated prior to the inspection done pursuant to

this chapter. [Eff 7/31/89; am and comp Dec 2, 2005;

am and comp 8/13/2011; comp 11/1/2013; comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-22

133.2-23

§19-133.2-21 Causes for refusal to inspect. An

inspection station may refuse to inspect any vehicle

which contains foul or obnoxious material or whenever

the performance of any visually inspectable component

cannot readily be determined because of an

accumulation of dirt, grease, or other foreign

material. [Eff 7/31/89; comp Dec 02, 2005; comp

8/13/2011; comp Nov 1, 2013; comp ] (Auth:

HRS §§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-22 Inspection fees. (a) The director

shall determine the maximum fee to be paid to the

inspection station by the vehicle owner for the

inspection of a vehicle. This fee shall include the

[sticker,] administrative and enforcement fees paid to

the DOT by the inspection station operator, and a fee

for the electronic inspection form program.

(b) When an application for certification of

inspection is made at an inspection station, an

inspector may first collect the inspection fee, then

conduct the inspection pursuant to this chapter using

the electronic form checklist to perform the

inspection.

the applicant vehicle failed to qualify for

certification, a complete inspection shall be made of

the entire vehicle, and the full fee for another

inspection may be charged by the inspector.

(d) An inspection station may charge a maximum

fee determined by the director for the replacement of

destroyed, stolen or lost inspection certificate and

sticker.

(e) [An inspection station may charge for the

inspection, when required, of aftermarket sun

screening devices affixed to the glazing materials.

The maximum fee shall be determined by the director.]

(f)] An inspector may charge the following

inspection fees:

(1) Automobiles and trucks - not more than

[$19.19] $25.00 plus tax;

(2) Motorcycles and trailers - not more than

§19-133.2-22

133.2-24

[$13.24] $17.00 plus tax;

(A) The director shall collect from the

operator of an official inspection

station no later than seven calendar

days after the end of the month the sum

of $1.70 per vehicle inspection from

the above charged fees which shall be

expended for administrative and

enforcement purposes. The director may

arrange for this fee to be collected by

the electronic form contractor along

with the contractor's fee and forwarded

to DOT; and

(B) The electronic form contractor shall

collect monthly from the operator of an

official inspection station no later

than seven calendar days after the end

of the month a fee of no more than

[$1.69] $1.36 per vehicle inspected and

replacement sticker and certificate

issued[.];

(3) A fee of not more than [$6.69] $6.36 may be

charged by the operator of an inspection

station for replacement of destroyed or lost

inspection sticker or certificate, both of

which will be replaced with the same

transaction[; and

(4) A fee of not more than $5 may be charged for

testing of light transmittance, with a

window light transmittance meter, of

aftermarket sun screening devices affixed to

the glazing materials of a vehicle]. [Eff

7/31/89; am 3/31/94; am and comp Dec 02,

2005; am and comp 8/13/2011; am and

comp Nov 1, 2013; am and comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS

§§286-16, -26)

§19-133.2-23 Failure to qualify for

certification and correction of defects. (a) When a

vehicle fails to pass an inspection for certification

§19-133.2-24

133.2-25

in accordance with this chapter, [the certificate] a

notice of inspection failure shall [not] be signed and

the authorized sticker shall not be affixed to the

vehicle.

(b) [An incomplete certificate of inspection,] A

signed notice of failed inspection with the

inspector’s number shal1 be given to the applicant

after the inspection, so that corrective repairs may

be done on the vehicle.

corrective repairs done immediately, the applicant

shall have thirty days to have the deficiencies

corrected and returned to the station for reinspection

of the defective items without additional cost.

(d) If, after corrective repair within the

[thirty day] thirty-day period, the vehicle is found

to qualify for certification, the certificate of

inspection shall be completed by the inspector and

issued to the applicant and a sticker affixed to the

vehicle in accordance with this chapter. If a

different inspector passes the vehicle after

inspecting the defects, that inspector’s number shall

be placed in the other "Inspector Number" boxes on the

form. No additional fee shall be charged.

(e) This section does not authorize anyone to

operate a vehicle on the public highways without a

valid certificate of inspection or with an expired

certificate. [Eff 7/31/89; am 3/31/94; am and comp

Dec 02, 2005; am and comp 8/13/2011; am and comp Nov

1, 2013; am and comp ] (Auth: HRS

§§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-24 Issuance of certificates of

inspection and affixing of inspection stickers. (a)

When the vehicle’s equipment is inspected pursuant to

this chapter and found to qualify for certification,

the certificate of inspection shall be signed by the

inspector who performed the inspection.

(b) After the certificate of inspection is

signed, an inspection sticker shall be affixed by the

inspector upon the right, most nearly vertical portion

§19-133.2-24

133.2-26

of the rear bumper of the vehicle or on another

appropriate place, such as, a special bracket

installed [horizontally] under the right portion or

center of the rear bumper or a bracket attached to the

rear license plate oriented so the sticker can be

clearly viewed by a person who is fifty feet behind

the vehicle. The rear window or the face of the

license plate is not an appropriate place. [If the

bracket on the license plate is attached horizontally,

the month number must be displayed on the left side of

the year number.] If the bracket is attached

vertically, month number must be above the year

number.

appearing on the vehicle shall be removed and

destroyed, unless the driver requests that the new

sticker be placed over the old one in such a way that

only the new one is visible.

(d) Inspection computers, scanners, printers and

supplies shall not be transferred to another

inspection station nor shall the inspection sticker or

certificate be issued by an unauthorized person or

issued at any location other than where the inspection

is authorized to be conducted. If a business

discontinues being a PMVI station, the electronic form

contractor shall remove all free equipment and unused

supplies it provided to the station.

(e) Inspection computer, scanner, printer and

supplies in the station inventory shall be securely

stored. [Eff 7/31/89; am and comp Dec 02, 2005; am

and comp 8/13/2011; am and comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18, -26,

291-21.5) (Imp: HRS §§286-16, -26, 291-21.5)

§19-133.2-25 Replacement of lost, stolen, or

destroyed stickers or certificates. (a) Inspection

stickers or certificates which have been lost, stolen,

or destroyed shall be replaced without reinspection by

the inspection station that issued the original

inspection certificate and sticker provided that the

current certificate of inspection shall not have

§19-133.2-26

133.2-27

expired and no readily obvious defects exist at the

time replacement is requested.

(b) Reinspection shall be required if there is

no evidence of a current inspection and issuance of a

certificate of inspection.

inspection file to print a new sticker and

certificate; the computer will make an electronic note

of the date when a replacement sticker and certificate

were issued. [Eff 7/31/89; am 3/31/94; am and comp

Dec 02, 2005; am and comp 8/13/2011; am and comp Nov

1, 2013; am and comp ] (Auth: HRS

§§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-25.5 Validity period of stickers for

new vehicles. New vehicles shall be inspected on or

before the date of their first sale but shall not be

required to have annual inspections as provided in

section 286-26(b), HRS. [Eff and comp Dec 02, 2005;

am and comp 8/13/2011; am and comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18, -26) (Imp:

HRS §§286-16, -26)

§19-133.2-26 Items to be inspected. Evidence of

the vehicle’s registration and the following original

equipment items meeting requirements on the date of

manufacture of the vehicle, plus all additional items

subsequently required or permitted to be installed

that require inspection, shall be inspected on all

passenger vehicles, trucks, trailers, buses, and

motorcycles presented for inspection:

(1) Steering and suspension systems;

(2) Tires and wheel alignment;

(3) Wheels;

(4) Brakes;

(5) Lamps and reflectors;

(6) Horns;

(7) Glazing materials (windshield and windows);

(8) Body and interior components;

(9) Exhaust system;

§19-133.2-26

133.2-28

(10) Intake and fuel system;

(11) Speedometer-odometer; and

(12) Drive train. [Eff 7/31/89; am and comp Dec

02, 2005; am and comp 8/13/2011; comp Nov 1,

2013; comp ] (Auth: HRS

§§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-27 Inspection of vehicle registration,

license plate, vehicle identification number, and

proof of insurance. (a) The vehicle license number

and vehicle identification number (VIN) shall be

inspected for agreement with the corresponding numbers

shown on the current year’s valid registration

certificate and an original of the Hawaii motor

vehicle insurance identification card (an electronic

card as described in section 431:10C-107, HRS is

considered an original, provided the card may be

accessed directly through the licensed insurer's

website, application, or database) or a certificate of

self-insurance issued by the State of Hawaii Insurance

Commissioner. Out-of-state vehicles must have an

original Hawaii insurance identification card and a

current temporary or permanent Hawaii registration.

License plates shall be inspected for condition,

legibility, proper location and security of mounting.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) There is no proof of a current Hawaii

registration certificate or a current

original vehicle insurance identification

card, a fleet insurance card or

certification of self-insurance is not

available;

(2) The VIN on the vehicle is not in agreement

with the VIN on the registration certificate

and VIN on the vehicle insurance

identification card;

(3) License plate numbers or validation sticker

numbers are not in agreement with the

registration certificate;

§19-133.2-28

133.2-29

(4) Any license plate is missing (249-7(b),

HRS), loosely or improperly mounted (so that

it swings or can be removed without tools),

not legible, or obscured from visibility[.];

and

(5) The vehicle make or body type does not match

the description on the registration.

[Eff 8/31/89; am and comp Dec 02, 2005; am

and comp 8/13/2011; comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18, -26)

(Imp: HRS §§286-16, -26)

§19-133.2-28 Inspection of steering and

suspension systems. (a) The steering and suspension

systems shall be inspected for excessive play,

binding, damages, worn parts, wheel bearing looseness,

[and] missing components [unauthorized] and illegal

modifications.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) There is excessive steering wheel or

handlebar free play;

(2) The steering wheel or handlebar binds or

locks-up when turning;

(3) The steering linkages or tie rod ends are

excessively worn indicated by looseness when

the front wheels are not supporting any

weight;

(4) The steering linkages are damaged;

(5) Suspension system components, are

excessively worn, missing, broken, or out of

proper adjustment;

(6) Suspension system attachments or mounting

bolts are damaged, excessively worn,

improperly installed, or of the wrong type

or size[.];

(7) Shock absorbers must be installed and must

not have severe fluid leaks (slight dampness

is ok) or loose or broken mountings;

§19-133.2-28

133.2-30

(8) Steering wheel is replaced with one with a

diameter less than 13 inches or with a wheel

that is not OEM or OREP. On Oahu, vehicles

with a modified steering wheel that is not

OEM or OREP must have a reconstructed

vehicle certification before passing the

inspection of this chapter; and

(9) The power steering pump mounting is loose,

or the belt is badly worn or has improper

tension (greater than 1/2-inch movement with

about 10 pounds of thumb pressure between

two pulleys). [Eff 7/31/89; am 3/31/94; am

and comp Dec 02, 2005; am and comp

8/13/2011; am and comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18,

-26) (Imp: HRS §§286-16, -26)

§19-133.2-29 Inspection of tires. (a) Tires

shall be inspected for wear, damage, proper size,

type, and tread configuration.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) A tire is worn so that less than [2/32 inch]

2/32-inch tread remains when measured in any

two adjacent major grooves or the tread wear

indicators in any two adjacent major grooves

are level with the tread surface;

(2) A tire has bumps, bulges, cuts, snags, knots

indicating partial failure or structure

separation, cracks in excess of one inch in

any direction and deep enough to expose the

cords, tire aging and degradation are

evidenced by many small cracks on the side

wall and the tire is more than ten years

old, or is regrooved or recut below original

depth. A tire which is specifically

designed and marked for regrooving shall not

be grounds for a refusal to issue a

certificate if it is regrooved or recut

below original depth; provided that the tire

§19-133.2-29

133.2-31

does not suffer from any of the other

foregoing defects;

(3) Tires of different sizes or types (bias ply

and radial) are mix mounted on the same

axle, disregarding brand name or tread

design;

(4) A tire has a load capacity rating less than

that recommended by the vehicle manufacturer

or less than one half of the Gross Axle

Weight Rating (GAWR) of the axle on which it

is mounted, or can rub or touch other parts

of the vehicle when operated;

(5) A tire does not display the "DOT" symbol on

the sidewall, is marked or manufactured "For

Farm Use Only", "Off-Highway Use only", "For

Racing Use only", or other nonpublic road

use;

(6) A tire is not marked with the standard

automotive size designation, does not have

highway-type design treads, or the tire

tread is equipped with metal studs;

(7) [The rear wheel alignment of a two-wheel

motorcycle, in relation to tracking the

front wheel is not within the manufacturer’s

specifications, or is misaligned by one inch

or more after moving the motorcycle one

vehicle length on a straight line.]

(8)] A tire is mounted on a rim of a size other

than what is recommended by the tire

manufacturer. The burden of proof is on the

vehicle owner; and

(8) A tire has severe sidewall cracking that

exposes chord fabric; a tire with severe

sidewall cracking should be failed even

without chord exposure, if it is over 10

years of age. [Eff 7/31/89; am and comp Dec

02, 2005; am and comp 8/13/2011; am and comp

Nov 1, 2013; am and comp ] (Auth:

HRS §§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-30

133.2-32

§19-133.2-30 Inspection of wheels. (a) Wheels

shall be inspected for damage, missing parts, and

security of mounting.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) Wheel bolts, nuts, studs, or lugs are loose,

missing, or damaged;

(2) A wheel is bent, cracked, repaired by

welding or brazing, damaged, or has

elongated or oversize mounting holes; or

(3) Wheel rims or locking rings are mismatched,

damaged, bent, sprung, cracked, repaired by

welding or brazing, or improperly installed.

[Eff 7/31/89; comp Dec 02, 2005; am and

comp 8/13/2011; am and comp Nov 1, 2013; am

and comp ] (Auth: HRS §§286-18,

-26) (Imp: HRS §§286-16, -26)

§19-133.2-30.5 Inspection of drive train. The

drive train shall be inspected for damage that could

lead to a part failure or compromise performance. No

certificate of inspection shall be issued if:

(1) Any constant velocity (CV) joint boot is

worn or damaged to the extent that it is

leaking or missing. A slight leaking caused

by the clamps not achieving a perfect seal

is not cause for failure;

(2) Any component is severely damaged, worn or

insecurely mounted;

(3) Starter operates with gear selector in a

forward or reverse gear (automatic

transmission only); or

(4) Adjustable wheel bearings are not properly

adjusted and secured as indicated by excess

movement when alternating pressure is

applied to the top and bottom of an unloaded

wheel. Fail the bearings if there is 1/8-

inch or more movement and the bearings make

a grinding sound when wheel is moved.

Properly adjusted bearings that are in good

condition allow virtually no movement.

§19-133.2-31

133.2-33

Bearings designed to allow movement allow no

more than .005 inch of end play. Non-

adjustable bearings should have no play.

[Eff and comp 8/13/2011; comp Nov 1, 2013;

am and comp ] (Auth: HRS

§§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-31 Inspection of brakes. (a) Service

and parking brake systems shall be inspected for parts

and performance.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) The brake pedal height decreases when the

pedal is depressed and light pulsating

pressure is applied to the brake pedal;

(2) Excessive brake pedal travel (more than one

inch) is required to apply brakes [;], or

the reserve distance between the pedal and

the floor is less than 1.5 inches;

(3) The steering wheel moves abruptly to left or

right of center or the brake response

suggests that the pads are worn too low

(such as screeching of pad wear indicator)

or the rotors are warped (such as pulsating

brake pedal) when the brake is applied at

four to eight miles per hour on a clean,

smooth, level, dry, hard surface or the

brake pad wear warning light is lit;

(4) There is visible indication of hydraulic

fluid leakage around reservoir, cylinders,

calipers, backing plates, tubing, hoses, or

connections;

(5) The parking brake, when applied on a level

dry surface, cannot hold the vehicle in

place with transmission in low range and

engine RPM increased to double idle RPM, or

the brake failure warning light does not go

out when the parking brake is released;

(6) Required brake hardware is incomplete or not

properly installed; [or]

§19-133.2-31

133.2-34

(7) Brake hose or line is mounted in a manner

that will cause premature wear or

failure[.];

(8) There is no downward movement of the brake

pedal when engine starts;

(9) The brake pad wear warning light remains

illuminated after the computer completes its

checks when the ignition is turned on;

(10) A brake rotor has substantial cracks

extending to the edge; disc is deeply scored

or grooved, the friction surface is

contaminated with oil, grease or brake

fluid; or

(11) Brake tubing or hose is damaged so as to

significantly hinder the flow of fluid or it

is leaking. [Eff 7/31/89; am and comp Dec

02, 2005; amand comp 8/13/2011; am and comp

Nov 1, 2013; am and comp ] (Auth:

HRS §§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-32 Inspection of lamps and reflectors.

(a) Lamps and reflectors shall be inspected for

function, location, color, brightness, and damage.

Headlamps shall, in addition, be tested for aim and

operation, and operation of the high beam indicator.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) Any required lamp or reflector (See Exhibit

A) is missing, damaged so that light shines

directly through the damaged portion of the

lens (placing tape over the damaged portion

of the lens is not adequate to pass the

inspection) or moisture is present inside

the lens, not properly installed, not of an

approved type or color, obscured in any

manner, inoperable, or any lens is covered

with material that will diminish the

function of the lens so as to put it out of

conformance with Federal Motor Vehicle

Safety Standards and County ordinance (the

burden of proof of conformance is on the

§19-133.2-34

133.2-35

vehicle owner);

(2) The reverse light stays on in any gear

position other than reverse;

(3) Headlamps are not of equal candle power and

cannot produce a light sufficient to reveal

any person or object straight ahead for a

distance of two hundred feet;

(4) Headlamps are not properly aimed or the

headlamps or ballast is not certified to

comply with FMVSS 108;

(5) The high beam lamp or indicator lamp is

inoperative; or

(6) Headlamp height is lower than 22 inches or

higher than 54 inches. [Eff 7/31/89; am and

comp Dec 02, 2005; am and comp 8/13/2011; am

and comp Nov 1, 2013; am and comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS §§286-

16, -26)

§19-133.2-33 Inspection of horns. (a) Horns

shall be inspected for operation and audibility.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) A horn is inoperative or not appropriately

audible;

(2) The location of the horn switch is not [on

the steering wheel and] readily accessible

to the operator. [Eff 7/31/89; am and comp

Dec 02, 2005; comp 8/13/2011; am and comp

Nov 1, 2013; am and comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS §§286-

16, -26)

§19-133.2-34 Inspection of glazing materials.

(a) Vehicle glazing materials (windshield and window

glass or other materials) shall be inspected as

follows:

(1) Glass, plastic, or other material used in

windshields and windows shall be inspected

for type, damage, obstruction, and tinting;

§19-133.2-34

133.2-36

(2) The window adjacent to the driver shall be

inspected for operability (so that in the

event of a turn signal malfunction, hand

signals can be made);

(3) Any aftermarket sun screening device

installed on the glazing material shall be

inspected with a window light transmittance

meter certified by its manufacturer for

conformance with the minimum light

transmittance requirements under section

291-21.5, HRS; and

(4) Any sun screening device installed on a

windshield that does not have an AS-1 mark,

may be no more than 4 inches below the top

of the windshield, when measured from the

middle point of the bottom edge of the top

windshield molding.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) Glazing materials required by law or rules

are not present in specified locations;

(2) Glazing materials installed on a vehicle do

not comply with the standards set forth in:

(A) Title 49, Chapter V, Part 571, subpart

205, section 571.205 of the Code of

Federal Regulations as it existed on

August 12, 1998;

(B) American National Standard, 226.1-1977,

approved January 26, 1977 and

supplemented by Z26.1a-1980, approved

July 3, 1980; or

Handbook, section J1203, as this

publication existed on February 11,

1993;

(3) Non-transparent materials are used in place

of the required type of glazing materials;

(4) The window adjacent to the driver cannot be

lowered to the down position (other windows

are not required to be operable and a

vehicle may be passed with open spaces where

glazing was originally installed, except

§19-133.2-34

133.2-37

that vehicles built on a car, truck or bus

chassis must have a windshield);

(5) Decals or stickers are displayed on the

glazing material in areas not permitted by

law, ordinances, or rules;

(6) There is damage to the windshield that

adversely affects driving visibility;

(7) There is damage to the windows to the

immediate left or right of the driver, or to

the rear that adversely affects driving

visibility;

(8) Any window is broken and has sharp, exposed

edges;

(9) Sun screening

(A) The sun screening device applied to the

glazing material does not comply with

the minimum light transmittance

requirements under section 291-21.5,

HRS, provided any sun screening applied

to the windshield in the AS-1 area must

have 70% light transmittance as

indicated by the meter; inspectors are

not to add six percentage points to the

reading as is done on the side and rear

windows[.];

(B) All official inspection stations shall

possess and use a window light

transmittance meter to inspect the

aftermarket sun screening device

affixed to the vehicle’s glazing

material for compliance with the

minimum light transmittance requirement

under section 291-21.5, HRS. The fee

for this test shall be as set forth in

section 19-133.2-22(f)(4)[.];

transmittance meter to certify light

transmittance unless the meter has been

certified for performance and accuracy

by the manufacturer to accurately

measure light transmittance with a

margin of error that conforms to

§19-133.2-34

133.2-38

section 291-21.5, HRS. Each official

inspection station is responsible for

ensuring that all window light

transmittance meters used by its

inspectors accurately measure light

transmittance with a margin of error

that is no greater than plus or minus

six percent[.]; or

(10) A rear window with aftermarket tinting on

2013 model year vehicles and newer has tint

over the portion through which the high

mounted stop light shines. [Eff 7/31/89; am

3/31/94; am and comp Dec 02, 2005; am and

comp 8/13/2011; am and comp Nov 1, 2013; am

and comp ] (Auth: HRS §286-18,

-26, 291-21.5) (Imp: HRS §§286-16,-26,

291-21.5)

§19-133.2-35 Inspection of body and interior

components. (a) Body and interior components shall

be inspected as follows:

(1) Exterior and interior rear view mirrors

shall be inspected for location, field of

view, condition, mounting, ease of

adjustment, holding the adjustment, and

exposed sharp edges;

(2) Windshield wipers and washers shall be

inspected for proper operation, blade size

and condition, and missing or damaged

components;

(3) Body parts shall be inspected for damage,

looseness, improperly assembled parts,

[non-approved] illegal modifications or

replacement parts[.], protrusions that have

potential for causing damage, or the vehicle

frame or unibody structure has visible

collision damage, serious rust damage,

cracks, dents or modifications that could,

in the inspector’s opinion, compromise the

structural integrity of the vehicle;

§19-133.2-35

133.2-39

(4) Bumpers shall be inspected for installation,

condition, hazardous protrusions, sharp

edges, and conformance with the requirements

pursuant to section 291-35.1, HRS (22 inches

maximum height for cars) and County

ordinances that require both front and back

bumpers[;]. The vehicle frame rail,

measured from a level ground surface to the

bottom of the vehicle frame rail, shall not

exceed the bumper height of section 291-

35.1, HRS, and the maximum distance between

the vehicle body and the frame rail shall

not exceed three inches;

(5) Fenders shall be inspected for proper

installation, condition, looseness, size

(tire treads must be covered), hazardous

protrusions, sharp edges, and [non-approved]

illegal modifications;

(6) Doors shall be inspected for operations and

primary and secondary latching. Forward

opening hood or trunk lids shall be

inspected for proper operation and condition

of the latch, secondary or safety catch, and

latch release mechanism;

(7) Seats shall be inspected for proper

installation, operation of the adjustment

mechanism, and condition of anchor bolts.

Seat belts and shoulder harness, when

required, shall be inspected for condition

of belt webbing, missing belts, inoperative

buckles, loose, missing, or unfastened belt

anchorages, altered or modified seat belt

anchorages, and [non-approved] belts that do

not comply with FMVSS 209. Seat belt

retractors shall be inspected for proper

functioning;

(8) [If a] A vehicle [is] equipped with

[frontal] air bags [, they must be] may pass

inspection if the bags are not fully

functional, provided the seat belts pass

inspection and a warning that there is a

problem with the supplemental restraint

§19-133.2-35

133.2-40

system is printed on the inspection

certificate;

(9) Battery must be properly secured, free of

leaks and wires free of potential short

circuits;

(10) Floor pan shall be capable of supporting

passengers and cargo and preventing exhaust

gas from leaking into occupant

compartment[.}; and

(11) Vehicle frame or unibody structure shall be

visually inspected for any collision damage,

serious rust damage, cracks, dents or any

modifications that could, in the inspector’s

opinion, compromise the structural integrity

or safe operation of the vehicle.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) Any rear-view mirror required by the

vehicle’s FMVSS certification, law or

ordinance is insecurely mounted, missing,

offers unsafe interference with the driver’s

vision or does not provide a clear view of

the highway for a distance of at least two

hundred feet to the rear of the vehicle; a

mirror does not hold adjustment. If a

vehicle’s FMVSS certification was made with

two or three mirrors, the vehicle must have

two or three mirrors to pass inspection;

(2) Windshield wipers and washers:

(A) Are inoperative;

(B) Wipe too slow;

streak the windshield after five

cycles;

(D) Have blades that do not completely

clear water from wiped area;

(E) Have blades that are of improper size;

(F) Have parts of wiper arms missing or

damaged to the extent that performance

is impaired;

§19-133.2-35

133.2-41

(3) Any body parts are improperly installed,

dislocated, or protruding from the exterior

surface of the vehicle presenting a safety

hazard; on Oahu only, the body was modified

significantly but there is no reconstructed

vehicle inspection sticker and permit;

(4) Bumpers:

(A) Do not conform with the requirements of

the law (section 291-35.1, [Hawaii

Revised Statutes] HRS);

(B) Are not securely installed or mounted;

edges or protrusions are hazardous to

persons accidentally coming in contact

with the bumper;

(D) A lift is installed that makes the

distance between the vehicle body and

the frame rail exceed three inches;

(5) Fenders:

(A) Do not cover the entire width of the

tire tread when viewed from above the

fender and cover that portion of the tire

circumference from vertical to 75 degrees

to the rear of a vertical line through

the center of the wheel hub;

(B) Are missing, [or loosely attached] not

permanently attached or not made of

material that will withstand the

intended use; or

edges or protruding portions could

inflict additional injury to someone

hit by the vehicle;

(6) Door:

(A) Does not latch in the fully closed

position; the primary or secondary latch

does not function properly;

(B) Is missing;

(D) Will not operate properly;

§19-133.2-35

133.2-42

(7) The floor pan is rusted through to the

extent that:

(A) The occupants or cargo would not be

adequately supported; or

(B) Exhaust fumes can enter the interior of

the vehicle;

(8) Seats that:

(A) Are not securely fastened to the floor;

(B) Have seat adjusting mechanisms that

slip out of the set position;

securely anchored or the original

anchorage position has been relocated,

altered or modified;

(D) Have seat belt webbings that are

deteriorated or frayed to the extent

that belt effectiveness appears to be

significantly compromised;

(E) Have seat belt buckles which do not

function properly;

(F) Have a seat belt assembly missing on

vehicles required by law to have that

assembly; or

(G) Have seat belts that [are not an

approved type} do not comply with FMVSS

209 or parts are missing from the seat

belt assembly;

(9) [Air bag telltale light indicates a frontal

air bag malfunction;] The vehicle frame or

unibody structure has visible collision

damage, serious rust damage, cracks, dents

or modifications that could, in the

inspector’s opinion, compromise the

structural integrity of the vehicle; or

(10) Battery and wiring:

(A) Battery is not properly mounted to the

vehicle or terminals are severely

corroded;

(B) A wire connection is loose or wire

insulation is damaged so it has

potential for causing a short

circuit[.]; or

§19-133.2-37

133.2-43

mounted to the vehicle with battery

securing hardware, or a cell vent cap

is missing. [Eff 7/31/89; am and comp

Dec 02, 2005; am and comp 8/13/2011; am

and comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18,

-26, 291-11.6) (Imp: HRS §§286-16,

-26, 291-11.6)

§19-133.2-36 Inspection of exhaust system. (a)

Exhaust system components shall be inspected for

condition, damage, installation, leakage of gases,

missing or exposed parts.

(b) No certificate of inspection shall be issued

if the exhaust system components are leaking, not

securely fastened, required component parts are

missing, equipped with exhaust cut-outs or by-pass or

similar devices, [a] the muffler [that] emits

excessive noise, or exhaust gas is not exiting beyond

the passenger compartment, unless such exit was

[Eff 7/31/89; am and comp Dec 02, 2005; am and comp

8/13/2011; comp Nov 1, 2013; am and comp ]

(Auth: HRS §§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-37 Inspection of intake and fuel

system. (a) Intake and fuel system units, including

filler tubes, filler caps, and hoses shall be

inspected for proper location, connection, security of

installation, leakage, and damage.

(b) No certificate of inspection shall be issued

if any of the following occurs:

(1) Any part of the system is not securely and

permanently fastened;

(2) There is liquid fuel leakage at any point in

the system;

(3) Fuel tank filler cap is missing or does not

fit properly; or

(4) Tubes or lines are damaged so as to restrict

§19-133.2-37

133.2-44

free flow of fuel. [Eff 7/31/91; comp Dec

02, 2005; am and comp 8/13/2011; comp Nov 1,

2013; am and comp ] (Auth: HRS

§§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-38 Inspection of speedometer-odometer.

(a) The speedometer-odometer shall be inspected for

proper operation. Indicated vehicle mileage shall be

recorded on the inspection certificate. If a

speedometer is installed, it must display speed in

miles per hour.

(b) No certificate of inspection shall be issued

if the odometer is not functioning or the speedometer

does not have gradation marks for miles per hour.

[Eff 7/31/89; comp Dec 02, 2005; am and comp

8/13/2011; comp Nov 1, 2013; comp ] (Auth:

HRS §§286-18, -26) (Imp: HRS §§286-16, -26)

§19-133.2-38.5 Special interest vehicles.

Special interest vehicles shall be inspected the same

as other vehicles except for the following:

(1) Street rod vehicles and street rod replica

vehicles are required to have the following

equipment:

(A) Hydraulic service brakes on all wheels;

(B) Sealed beam or halogen headlights;

switch;

(D) Safety glass or Lexan windshield;

(E) Electric or vacuum windshield wiper

located in front of the driver;

(F) Standard or DOT/SAE approved

taillights;

(G) A parking brake that operates on at

least two wheels on the same axel; and

(H) Seat belt assembly as provided in

section 291-11.6 HRS;

(2) This chapter requires special interest

vehicles to be inspected for the following:

§19-133.2-38.6

133.2-45

(A) Horn (as required by county codes);

(B) Mirror (as required by county codes);

(D) High beam indicator if equipped with

both high and low beam; and

(E) The description of the vehicle on the

insurance card must match the

registration; for example, if the

insurance describes the vehicle as a 2

door VW and it is a street rod replica

dune buggy, the insurance shall be

failed; and

(3) Equipment requirement clarifications:

Windshield washers, bumpers, hoods, door

handles, and fenders are optional equipment.

If a bumper or hood is installed, it must be

inspected. [Eff and comp ]

(Auth: HRS §§286-18, -26, -26.5) (Imp: HRS

§§286-16, -26, -26.5)

§19-133.2-38.6 Motorcycle inspections. In

general, motorcycles are inspected the same way as

other vehicles. The following failure criteria need

special attention when inspecting a motorcycle:

(1) Wheel alignment can be checked by making

three parallel lines one inch apart on the

floor. The lines should be twice the length

of a motorcycle. Center the wheels on the

centerline and observe tracking of the rear

wheel as the motorcycle is moved forward on

the centerline. If the rear wheel alignment

of a two-wheel motorcycle, in relation to

tracking the front wheel, is misaligned by

one inch or more, or not within the

manufacturer’s specifications, it is a

failure;

(2) In addition to the normal criteria, the vent

tube of a motorcycle battery must not drip

on the drive chain, or belt;

§19-133.2-38.6

133.2-46

(3) A three-wheeled motorcycle must have a

parking brake;

(4) Brake levers must have a little free play

and not contact the handle grip when fully

depressed. They must move smoothly and snap

to the resting position when released;

(5) A clutch lever must have a little free play

and not touch the handlebar prior to full

clutch disengagement; it must spring back to

the rest position when released;

(6) A motorcycle must have a properly working

engine kill switch if it was manufactured

after September 1, 1974;

(7) All tire treads must be covered with

fenders;

(8) Final drive belts and chains must be

adjusted to manufacturer’s specifications.

Drive shafts must not leak. Sprockets must

be free of damaged, hooked, or missing

teeth;

(9) Footrests must be securely mounted for all

riders, and must fold upward or rearward and

upward when not in use. Seats or saddle

must be securely mounted; side-by-side

seating requires seat belts;

(10) The fuel petcock, if present, must be able

to move to all three positions;

(11) The motorcycle stand must hold up the

motorcycle and continue to hold it when

turning the handlebar from stop to stop.

The handlebar must not be more than 15

inches above the portion of the saddle

occupied by the operator; and

(12) The swing arm must not have play or have

damage that adversely affects tracking.

[Eff and comp ] (Auth: HRS

§§286-18, -26, -26.5) (Imp: HRS §§286-16,

-26, -26.5)

§19-133.2-39 Standards and criteria. [The] In

addition to the criteria listed in this chapter, the

§19-133.2-40

133.2-47

following standards may be used for vehicle

[inspection are as follows:

(1)] inspections: 49 CFR Parts 570 and 571 as

they existed on October 1, 2008 [;

(2) Periodic motor Vehicle Inspection Manual for

Inspectors of Passenger Cars and Light

Trucks, September, 2013 and addenda and

newer versions that are approved by the

director;

(3) Periodic Motor Vehicle Inspection Manual for

Inspectors of Motorcycles, June 2005 and

addenda and newer versions that are approved

by the director.

The above standards and criteria may be used as

references to perform the inspection required by this

chapter]. [Eff 7/31/89; am and comp Dec 02, 2005; am

and comp 8/13/2011; am and comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-18, -26) (Imp:

HRS §§286-16, -26)

§19-133.2-40 Inspection of trailers. (a)

Trailers with a gross weight of 3,000 pounds or less

must be failed if they do not have the following:

(1) Two rear reflectors, one on right and one on

left;

(2) A stop light if the towing vehicle stop

light is blocked from view;

(3) Light illuminating license plate;

(4) Fenders, 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; and

(5) Safety chains or cables and accompanying

coupling and mounting devices with an

ultimate strength equal at least to the

gross weight of the trailer.

(b) Trailers with a gross weight greater than

3,000 pounds must fail inspection if they do not have

the following:

§19-133.2-40

133.2-48

(1) Two front clearance lamps, one on each side

(24 to 60 inches high, unless the trailer is

less than 24 inches high);

(2) Two side marker lamps on each side (front

and rear); in darkness, they must be visible

200 feet from vehicle;

(3) Two rear clearance lamps, one on each side;

(4) Two side reflectors on each side (front and

rear): in darkness, they must be visible 200

feet at night with upper beam headlamps

shining on them;

(5) Two rear reflectors on each side;

(6) At least one stoplight visible night or day

for 100 feet;

(7) Light illuminating license plate;

(8) Brakes that are actuated from the tow

vehicle, and in the event of a breakaway,

the brakes must self-actuate;

(9) Fenders, covers or devices, including flaps

or splash aprons, 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; or

(10) Safety chains or cables and accompanying

coupling and mounting devices with an

ultimate strength equal at least to the

gross weight of the trailer. [Eff and

comp ] (Auth: HRS §§286-18,

-26, -26.5) (Imp: HRS §§286-16, -26, -26.5,

291-31)

§19-133.2-40.5 Specific inspection procedures

and standards for neighborhood electric vehicles. In

general, neighborhood electric vehicles and other

electric vehicles are inspected the same way as other

vehicles; when an item is not applicable, the item on

the inspection sheet is left blank. The following

specific items need special attention when inspecting

a neighborhood electric vehicle (NEV).

(1) Intake & Fuel System: Although an electric

§19-133.2-40.5

133.2-49

vehicle has no intake system, it does have a

fuel system of batteries, which must not

leak or have excessive corrosion on the

terminals. The batteries must be secure,

the terminal connections tight and cell caps

in place. Batteries must also be separated

from occupants and be vented[.];

(2) Headlamps: High beams are not required for

neighborhood electric vehicles. If the

regular headlamps operate correctly, a check

is placed in the inspection sheet "appd"

box[.];

(3) Warning lamps: It is not a federal or state

requirement for neighborhood electric

vehicles to have 4-way flashers. The boxes

are left blank to indicate that the item is

not applicable[.];

(4) Window Tint: Tint inspection will usually

not be made on these vehicles, because they

typically have only a windshield. Light

transmittance of a strip of tint above the

AS-1 mark near the top of the windshield is

not measured; however, tint cannot encroach

the AS-1 portion. Should a later model

vehicle have windows in addition to the

windshield, they must comply with section

291-21.5, HRS[.];

(5) Windshield: A NEV may have either an AS-1

or AS-5 windshield[.];

(6) Windshield wipers: These are not required

on NEVs[.];

(7) Rear View Mirrors: NEVs are required to

have an exterior mirror on the driver’s side

and either an interior rear-view mirror in

the middle or an exterior mirror on the

passenger side[.];

(8) Door Latches: NEVs have no doors[.];

(9) Hood Latches: NEVs usually do not have

forward opening hood or trunk lids. Some

models have latches on the front "hood",

which covers the motor and two batteries.

Some earlier models have screws that hold

§19-133.2-40.5

133.2-50

this cover in place. Neither of these is

forward opening. The boxes of the

inspection sheet will be blank if the item

is not applicable, or marked apvd or defect

as appropriate[.];

(10) Seat belts: NEVs may use either Type 1 or

Type 2 seat belts. A Type 1 seat belt

assembly is a lap belt for pelvic restraint.

A Type 2 seat belt is a combination of

pelvic and upper torso restraints[.];

(11) Bumpers: NEVs are not required to have a

bumper. If a NEV has a bumper, it must be

inspected in accordance with section 19-

133.2-35(b)(4) [.];

(12) Speedometer and Odometer: NEVs are not

required to have either, but nearly all NEVs

have both a speedometer and an odometer.

The ignition must be turned on to read the

speedometer. The meter alternates between

showing the vehicle speed and the percent of

battery charge. When the ignition is turned

off, the odometer will be displayed briefly.

Record the odometer reading when it is

available[.];

(13) NEVs are required by section 291C-130, HRS

to have a triangular slow moving vehicle

emblem displayed at the rear. The

triangular emblem must be 14 inches high and

16 inches wide, mounted with the base down

and at a height of not less than three nor

more than five feet from the ground to

base[.]; and

(14) NEVs must have a permanently attached or

painted sign that is visible to the driver

stating that the vehicle must not be driven

on roads with a speed limit greater than 35

mph and that the NEV may not travel faster

than 25 mph. [Eff and comp Dec 02, 2005; am

and comp 8/13/2011; comp Nov 1, 2013; am and

comp ] (Auth: HRS §§286-16,

-26, 291C-134) (Imp: HRS §§286-16, -26,

291C-134)

§19-133.2-42

133.2-51

§19-133.2-41 Department of transportation may

contract with counties. The department may contract

with the counties for administrative, enforcement

services, and implementation of this chapter. [Eff

7/31/89; comp Dec 02, 2005; comp 8/13/2011; comp Nov

1, 2013; comp ] (Auth: HRS §§286-16, -17,

-18, -27) (Imp: HRS §§286-16, -17, -18, -27)

SUBCHAPTER 4

SEVERABILITY

§19-133.2-42 Severability. If any portion of

this chapter is held invalid or any reason, the

invalidity shall not affect the validity of the

remainder of the chapter." [Eff and comp Dec 02,

2005; comp 8/13/2011; comp Nov 1, 2013;

comp ] (Auth: HRS §286-18) (Imp: HRS

§286-18)

2. Material, except source notes, to be repealed

is bracketed and has strike through font. New

material is underscored.

3. The adoption of chapter 19-133.2, Hawaii

Administrative Rules, shall take effect ten days after

filing with the Office of the Lieutenant Governor.

133.2-52

I certify that the foregoing are copies of the

rules, drafted in the Ramseyer format, pursuant to the

requirements of section 91-4.1, HRS, which were

adopted on , 2017, and filed with the

Office of the Lieutenant Governor.

FORD N. FUCHIGAMI

Director of Transportation

APPROVED AS TO FORM:

DEPUTY ATTORNEY GENERAL