VEHICLEWEIGHT TAX

 

§249-1  Definitions.  As used in thischapter unless a different meaning appears from the context, the followingterms shall have the following respective meanings.

"Antique motor vehicle" means anymotor vehicle, including a motorcycle or a motor scooter which produces notmore than twelve horsepower, of the age of thirty-five years or more from thedate of manufacture, that is of the original factory specification or restoredto the original specifications in an unaltered or unreconstructed condition,operated or moved over the highway primarily for the purpose of historicalexhibition or other similar purposes.

"Bicycle" means every devicepropelled solely by human power upon which any person may ride, having twotandem wheels sixteen inches in diameter or greater, and including any devicegenerally recognized as a bicycle though equipped with two front or two rearwheels.

"Director of finance" means thedirector of finance of each county or of the county concerned, and includes thedirector's duly authorized deputies and subordinates.

"Moped" means a device upon which aperson may ride which has two or three wheels in contact with the ground, amotor having a maximum power output capability measured at the motor outputshaft, in accordance with the Society of Automotive Engineers standards, of twohorsepower (one thousand four hundred ninety-two watts) or less and, if it is acombustion engine, a maximum piston or rotor displacement of 3.05 cubic inches(fifty cubic centimeters) and which will propel the device, unassisted, on alevel surface at a maximum speed no greater than thirty miles per hour; and adirect or automatic power drive system which requires no clutch or gear shiftoperation by the moped driver after the drive system is engaged with the powerunit.

"Motor vehicle" means every vehiclewhich is self-propelled and every vehicle which is propelled by electric powerbut which is not operated upon rails, but excludes mopeds.

"Net weight" of a vehicle means theactual weight of the vehicle, as determined on a standard scale, including allequipment and accessories ordinarily attached to and used on the vehicle and,in the case of a motor vehicle, the maximum fuel, oil, and water possible ofbeing carried for its operation; provided that "net weight" of a newstandard equipped vehicle, other than a motor vehicle, means the shippingweight thereof as established by its manufacturer, and "net weight"of a new standard equipped passenger vehicle means the shipping weight thereofas established by its manufacturer, plus one hundred pounds, and "netweight" of a new standard equipped motorcycle, motor scooter, or moped,means the shipping weight thereof as established by its manufacturer, plusthirty pounds, and "net weight" of a new standard equipped truckmeans the shipping weight thereof as established by its manufacturer, plus twohundred pounds.  On initial registration of a standard equipped vehicle, otherthan a motor vehicle, for which the director of finance has the manufacturer'sestablished weight, the director of finance, in lieu of requiring the vehicleto be weighed and in order to determine the "net weight" thereof, mayuse such established weight and may require the owner to furnish verificationof the factory serial number of the vehicle.  On initial registration ofstandard equipped passenger vehicles, motorcycles, motor scooters, mopeds, andtrucks for which the director of finance has the manufacturer's establishedweights, the director of finance, in lieu of requiring such motor vehicles tobe weighed and in order to determine the "net weight" thereof, mayuse such established weights, adding one hundred pounds in the case of standardequipped passenger vehicles, thirty pounds in the case of standard equippedmotorcycles, motor scooters, and mopeds, and two hundred pounds in the case ofstandard equipped trucks, and may require the owners to furnish verification offactory serial and engine numbers of such motor vehicles.  As to a vehicle forwhich the manufacturer's weight is not available or whose make and model cannotbe determined with reasonable certainty or which has been so altered as toincrease or diminish the weight thereof, "net weight" means theactual weight of such vehicle, as determined on a standard scale, including allequipment and accessories ordinarily attached to and used on the vehicle and,in the case of a motor vehicle, the maximum fuel, oil, and water possible ofbeing carried for its operation.  In all cases information shall be presented toand in the manner prescribed by the director of finance.

"Truck" means any motor vehicledesigned or used primarily for the carriage of property other than effects ofthe driver or passengers, and includes a motor vehicle to which has been addeda box, platform, or other equipment for such carriage.

"Vehicle" means every device in,upon, or by which any person or property is or may be transported or drawn upona highway, but excludes devices moved by human power or devices usedexclusively upon stationary rails or tracks and mopeds. [RL 1935, pt of §2157;am L 1937, c 214, §1, pt of subs 1; RL 1945, §5704; am L 1951, c 222, §1; RL1955, §130-1; am L 1957, c 220, §1; am L 1965, c 64, §1; am L 1967, c 137, §1;HRS §249-1; am L 1975, c 187, §1; am L 1978, c 175, §1; gen ch 1985; am L 1990,c 43, §1; am L 1996, c 56, §1]

 

Case Notes

 

  Taxation under thischapter precludes taxation on an ad valorem basis.  30 H. 260.

  Constitutional.  31H. 726, aff'd 54 F.2d 313.