§286-27  Permits to operate official
inspection stations.  (a)  The department of transportation, referred to in
this section and sections 286-28 and 286-29 as "the department",
shall be responsible for issuing permits for and furnishing instructions and all
forms to official inspection stations.  The stations shall operate in the
manner directed by the department pursuant to standards established by the
director of transportation.



(b)  Application for an official inspection
permit shall be made upon an official form and shall be granted only when the
department is satisfied that the station is equipped properly and has competent
personnel to make the required inspections.  Before issuing a permit, the
department shall require the applicant to file proof that the applicant has, in
effect, a liability insurance policy, issued to the applicant by an insurance
company authorized to do business in the State, insuring against the liability
of the applicant and any of the applicant's employees in minimum amounts as
follows:  comprehensive public liability insurance in the amount of $10,000 for
one person and $20,000 for one accident and comprehensive property damage
insurance of $5,000; provided that the director of transportation by rules may
establish higher limits; provided that the proof of insurance need not be filed
by an applicant who shall inspect only vehicles owned by the applicant; and
provided further that the proof of insurance need not be filed by
instrumentalities of the United States.



(c)  Official inspection stations in this State
shall be exempt from liability arising from the destruction of property or
injury to persons caused by special interest vehicles; provided that the
official inspection station:



(1)  Meets the requirements of subsection (b); and



(2)  Exercises due diligence in inspecting special
interest vehicles in accordance with applicable standards for motor vehicle and
equipment safety for special interest vehicles.



(d)  A permit for an official station shall not
be assigned or transferred or used at any location other than that designated
by the department and every permit shall be posted in a conspicuous place at
the location designated.



(e)  The counties shall provide for the
necessary administrative and enforcement services.



(f)  The counties shall be reimbursed the costs
incurred in providing the services under subsection (e). [L 1967, c 214, pt of
§2; HRS §286-27; am L 1968, c 48, §2(c); am L 1969, c 128, §1(5); am L Sp 1977
1st, c 20, §12; gen ch 1985; am L 1988, c 253, §2; am L 1989, c 326, §2; am L
1997, c 246, §4]



 



Attorney General Opinions



 



  Military post and base exchanges as official inspection
stations; compliance with statute may be required.  Att. Gen. Op. 69-3.