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



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



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



(d)  Any person aggrieved by this section shall
have the right to a hearing before a district judge of the circuit in which the
person is cited within five days.  The judge shall determine whether the chief
of police or any police officer reasonably performed the chief of police's or
police officer's duties hereunder and shall make any appropriate order. [L
1967, 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.