§286-85  Reconstructed vehicles, approval
required.  (a)  No person shall operate a reconstructed vehicle upon a
public highway unless it has been inspected and certified by the designated
county agency as meeting the specifications and requirements established in
rules and regulations adopted by the state director of transportation.



(b)  This section shall not apply to any
vehicle which is subject to the rules and regulations of the public utilities
commission governing safety of operation and equipment.



(c)  Each county through its chief executive
officer, shall designate a county department, whose responsibilities shall
include the inspection of reconstructed vehicles and the issuance of permits to
operate reconstructed vehicles pursuant to standards established by the state
director of transportation.



(d)  The state director of transportation shall
adopt rules pursuant to chapter 91, establishing the fees an inspector may
charge for the inspection of a reconstructed vehicle.



(e)  The department designated pursuant to
subsection (c) shall identify to the county director of finance every vehicle
that has been inspected and approved as a reconstructed vehicle. (f)  This
section shall not apply to any privately owned reconstructed vehicle in a
county with a population of less than 500,000. [L 1977, c 77, §2; am L Sp 1977
1st, c 20, §12; am L 1986, c 122, §1]



 



Revision Note



 



  In subsection (e), "director of finance"
substituted for "treasurer" to conform to county charters.



 



Case Notes



 



  Where Hawaii county did not require posting of reconstructed
vehicle permit decal on vehicle and no evidence that defendant actually
operated vehicle, officer’s suspicion that defendant operated a reconstructed
vehicle without a valid permit was not reasonable; thus, evidence of DUI and no
reconstruction permit was illegally obtained through an unconstitutional
warrantless seizure.  87 H. 487 (App.), 960 P.2d 157.