§286-22  Inspection by officers of thepolice department.  (a)  The chief of police or any police officer of anycounty may, at any time when the chief of police or police officer hasreasonable cause to believe that a vehicle is unsafe or not equipped asrequired by law, require the owner or driver of the vehicle to submit thevehicle to an inspection or make the necessary corrections or repairs.

(b)  If the vehicle is found to be in an unsafecondition or if any required part or equipment is not present or if anyrequired part or equipment is present but not in proper repair, the officershall issue a citation to the owner or driver stating the reasons that thevehicle is deemed unsafe and shall require that a new certificate of inspectionas provided in section 286-26 be obtained within five days or that the defectbe cured.

(c)  If upon inspection, the chief of police orany police officer determines that any vehicle is in such unsafe condition asto constitute a menace to the public and cannot reasonably be restored to asafe condition as required in this part, the chief of police or police officershall remove the sticker which signifies the certificate of inspection andinform the director of finance who shall forthwith suspend the registration of thevehicle and give notice of the suspension to its owner.  Whenever the directorof finance has suspended the registration of any vehicle under this part, theowner of the vehicle shall immediately surrender and forward to the director offinance the certificate of registration and the license plates last issued uponregistration of the vehicle for the current year.

(d)  Any person aggrieved by this section shallhave the right to a hearing before a district judge of the circuit in which theperson is cited within five days.  The judge shall determine whether the chiefof police or any police officer reasonably performed the chief of police's orpolice officer's duties hereunder and shall make any appropriate order. [L1967, c 214, pt of §2; HRS §286-22; am L 1970, c 188, §§39, 40; gen ch 1985]

 

Revision Note

 

  "Director of finance" substituted for"treasurer" to conform to county charters.