Haw. Code R. § 19-134-4 - Applicability

(a) This chapter applies to all vehicles operated upon the public streets and highways except:

(1) Motor carrier vehicles subject to chapter 286, part XI, Hawaii Revised Statutes;

(2) Vehicles restored to the structural and equipment condition as originally manufactured by a recognized manufacturer of vehicles;

(3) Vehicles in which worn or damaged original structural members or parts are replaced with items which are substantially the equivalent of the original structural member or part;

(4) Vehicles in which worn or damaged original structural members or parts are repaired to a condition which is substantially equivalent to the original condition of the structural member or part;

(5) Vehicles which are modified only by the installation of special controls for the use of handicapped drivers, where the installation of those controls does not prevent the normal use of the standard controls provided in the original vehicle by the recognized manufacturer of the vehicle when new;

(6) Vehicles which are modified only by the addition of a dual control capability for the purpose of instructing drivers;

(7) New vehicles which are completed or modified by recognized manufacturers of vehicles other than the original manufacturer when those vehicles are certified and labelled in accordance with applicable federal regulations; and

(8) Cab and chassis with specially mounted rear custom made bodies designed for a special purpose which meets all FMVSS and complies with other state safety rules and county safety ordinances as long as the cab and chassis have not themselves been altered.

(b) A vehicle shall be considered to be a reconstructed vehicle subject to this chapter if any of the conditions in subsections (c) to (n) are met.

(c) Engine.

(1) The original engine installed by the recognized manufacturer of the vehicle when new is relocated in the vehicle or is replaced with an engine that is not an OREP engine;

(2) An OREP engine that can be installed with OEM mounts will not cause the vehicle to be subject to this chapter.

(d) Combustion engine fuel system.

(1) The carburetor, fuel injection system, air intake system, intake manifolds, or fuel tank of the original system installed by the recognized manufacturer of the vehicle when new are replaced with other than OREP components;

(2) The mere installation of an aftermarket supercharger or turbocharger, carburetor, intake manifold, water injection and air cleaner cataloged or otherwise designated as a street application shall not be subject to this chapter; however, the vehicle shall be capable of meeting all other criteria established in this chapter;

(3) The conversion of a gasoline fuel system to a propane or liquefied petroleum gas (LPG) fuel system or dual-fuel system shall not cause the vehicle to be subject to this chapter.

(e) Transmission.

(1) The original transmission installed by the recognized manufacturer of the vehicle when new is relocated in the vehicle or is replaced with a transmission that is not OREP equipment;

(2) Merely changing the location or type of the transmission control mechanism shall not cause the vehicle to be subject to this chapter.

(f) Rims.

(1) The original rims installed by the recognized manufacturer of the vehicle when new are reverse mounted or are replaced with other than OREP rims of a different size (plus or minus one inch rim diameter or plus or minus two inches rim width) or configuration (offset or reverse type);

(2) Merely installing special rims offered as an option by the recognized manufacturer of the vehicle when new, or merely installing special rims of the same size (plus or minus one inch rim diameter, or, plus or minus two inches rim width) which meet or exceed the SFI requirements, shall not cause the vehicle to be subject to this chapter.

(g) Suspension system.

(1) The original suspension system components (springs, torsion bars, shock absorbers, sway bars, etc.) installed by the recognized manufacturer of the vehicle when new are:

(A) Replaced with other than OREP components; or

(B) Adjusted, or equipped with added components, to change the height of the vehicle frame, as measured from the axle to frame, from that specified by the recognized manufacturer of the vehicle when new;

(2) Installing helper or overload springs to the vehicle suspension, simply to increase the vehicle load bearing capacity, shall not cause the vehicle to be subject to this chapter, even if it raises the vehicle slightly;

(3) Installation of a single spacer clock to the front suspension of a vehicle with the capability to deliver motive power to more than one axle, specifically for the purpose of leveling the front of an OEM vehicle with its rear, shall not cause the vehicle to be subject to this chapter;

(4) The conversion of a two-wheel drive vehicle to a four-wheel drive shall not cause the vehicle to be subject to this chapter so long as there is a four-wheel drive version of that make and model of vehicle and the converted vehicle does not exceed the manufacturers specification set forth for the four-wheel drive version of the vehicle.

(h) Vehicle Body.

(1) The original vehicle body installed by the recognized manufacturer of the vehicle when new is:

(A) Replaced with a body that is other than an OEM body;

(B) Modified by replacing the hood, fenders, doors, or other body assemblies with other than OREP components;

(C) Modified by the removal of significant portions of the hood, fenders, doors, or other body assemblies;

(D) Modified by changing the size of the windshield, or by changing the size of any window or window opening;

(E) Modified by changing the location of the driver's seating position within the vehicle which requires modification of the vehicle's floor pan; or

(F) Modified by additions to the hood, fenders, doors, or other body assemblies which significantly change the appearance or function of the body component;

(2) The following modifications to the vehicle body, singly or in any combination, shall not cause the vehicle to be subject to this chapter:

(A) The removal or addition of decorative or protective items of trim;

(B) The removal or change of the front grille assembly;

(C) The removal or addition of car top or side carriers, pipe racks, plate glass racks and slide-in campers;

(D) The removal or addition of rollbars or grille guard assemblies;

(E) The removal or addition of front or rear bicycle carriers, motorcycle carriers, spare tire carriers;

(F) The filling and smoothing of body seams and small openings used for the attachment of trim, locks, etc.;

(G) The addition of small openings, such as hood louvers, roof openings, or bubble windows, which do not significantly change the overall contour of the body component;

(H) Aesthetic hoodscoops (non-operational) or hood protuberances which do not obstruct the driver's view of the roadway;

(I) The addition or removal of any radio antenna;

(J) The addition of any lamp or reflective device;

(K) The addition of any item or component, not otherwise specified in this chapter, that is located entirely within the body shell;

(L) The addition or removal of motorcycle windshields or fairings; or

(M) The addition, to the cargo box of a truck, employee carrying seats or overhead canopy or both if the addition meets county safety ordinance,

(i) Vehicle frame.

(1) The original vehicle frame, or any chassis structural assembly used as a frame, installed by the recognized manufacturer of the vehicle when new is changed or modified in any manner;

(2) Merely installing attachment devices, such as trailer hitch assemblies or supports for auxiliary equipment, shall not cause the vehicle to be subject to this chapter.

(j) Axles. An original axle, or assembly which functions as an axle, installed by the recognized manufacturer of the vehicle when new is:

(1) Replaced with other than an OREP axle;

(2) Relocated to a different position with respect to the vehicle frame; or

(3) Modified to a different configuration or dimension.

(k) Steering system.

(1) Any original steering system component installed by the recognized manufacturer of the vehicle when new is:

(A) Replaced with other than an OREP component; or

(B) Modified or relocated in any manner;

(2) Merely replacing the steering wheel with a "custom" type steering wheel of the same diameter and impact absorbing characteristics shall not cause the vehicle to be subject to this chapter.

(l) Exhaust system. The modification or replacement of exhaust system components such as the installation of headers shall not cause the vehicle to be subject to this chapter; however, any vehicle that is otherwise subject to this chapter shall be provided with an exhaust system which meets the criteria established in this chapter.

(m) Exterior lamps and reflectors.

(1) The original head lamps, tail lamps, marker lamps, signal lamps, or exterior reflectors installed by the recognized manufacturer of the vehicle when new are:

(A) Replaced with other than OREP components; or

(B) Relocated in a manner that significantly changes the appearance of the vehicle;

(2) The replacement of exterior lamps or reflectors with OREP components, or the installation of supplemental lamps or reflectors shall not cause the vehicle to be subject to this chapter; however, any vehicle that is otherwise subject to this chapter shall be provided with exterior lamps and reflectors which meet the criteria established in this chapter.

(n) Brakes. Any original service brake system or parking brake system component installed by the recognized manufacturer of the vehicle when new is:

(1) Replaced with other than OREP components;

(2) Modified in any manner except for the installation of OEM or OREP manufactured for that vehicle; or

(3) Relocated in any manner.

(o) This chapter shall apply in the following manner to those reconstructed vehicles for which a valid reconstructed vehicle permit has been issued in the name of the current registered owner or subsequent owner by an authorized county department prior to the effective date of this chapter:

(1) The reconstructed vehicle permit previously issued shall remain in effect for a period of one year after the effective date of this chapter provided that no additional alterations or modifications have been made to the vehicle subsequent to the issuance of the permit by the county department.

(2) For a period of one year after the effective date of this chapter the designated county department, with respect to permits previously issued within the county of its jurisdiction, shall issue a new valid permit and sticker, and record the transaction as required by this chapter without charge and regardless of conformity with the equipment and performance requirements of this chapter; provided that no additional alterations or modifications have been made to the vehicle subsequent to the issuance of the previous permit.

(3) One year after the effective date of this chapter, all reconstructed vehicle permits issued before the effective date of this chapter under any county ordinances shall be invalid.

Notes

Haw. Code R. § 19-134-4

[Eff JUL 24 1986] (Auth: HRS § 286-85) (Imp: HRS § 286-85)