Section 19-135-28 - Scope of inspection The inspection shall be conducted using the following failure criteria. A moped shall fail the inspection if:
(1) The wheel track alignment of the front and back wheels of a two-wheeled moped allows a one-inch off-tracking when moped is moved in a straight line one length of the moped, or not within the manufacturer's specifications;(2) A body part is loose or damaged so its function is compromised, or has an illegal modifications or replacement part installed;(3) Service brake system does not lock the wheels when fully applied at about four miles per hour or a noise indicates the pads are too thin, hydraulic brake pressure cannot be maintained for at least 10 seconds, a brake lever touches the handle grip when fully depressed, cables do not move smoothly and freely, brake fluid is leaking, the master cylinder leaks, parking brake system on three-wheeled mopeds does not hold the vehicle when engine speed is increased slightly, brake pads are less than 1/16-inch thick, or rotor is deeply grooved;(4) The drive chain, belt, final drive, or shaft protective covering is not securely mounted; or the belt or chain is excessively worn or out of adjustment;(5) The engine or motor is not securely mounted; it or a connecting part is modified to increase vehicle speed; a mounting bolt is missing or loose; or a battery is leaking, insecurely mounted or terminals are badly corroded;(6) On combustion engines, the exhaust system is modified to increase speed or noise, a required component is missing or damaged so function is compromised, loosely mounted, leaking, or gases are not emitted behind the rider. A sound level test shall be used to provide objective evidence of excessive noise. The decibel reading shall be made with the moped outdoors. Determine half throttle with the engine off. With the throttle in the fully closed position, gently turn the throttle grip until the play in the cable ends. At that point, place a mark on the movable portion of the throttle grip and on an adjacent non-movable part. Fully open the throttle and place a mark on the non-movable part that aligns with the mark on the grip. Place a mark on the midpoint of the distance between marks on the non-movable part. This middle mark represents half throttle. The sound meter is to be held above the examiner's head while standing where the throttle can be moved. Take two decibel measurements by gradually (about two seconds) accelerating the engine to 1/2 throttle, hold it there a second and close it. Record the reading and repeat the process. If either of the two tests shows a decibel reading higher than 100, the muffler shall be failed. No exhaust system shall be modified to amplify or increase the noise emitted by the engine above that emitted by the system originally installed on the moped;(7) A fender is missing, loosely mounted, does not cover the entire width of the tire treads above that portion of the circumference from 15 degrees in front to 75 degrees to the rear of a vertical line through the center of the wheel;(8) The foot pegs, foot rests or pedals are not properly mounted and operational; or pegs do not fold up or toward the rear or are available for a passenger on a two-wheeled moped;(9) The frame is cracked or otherwise damaged so its strength is reduced or wheel tracking is not true;(10) Fuel is leaking, there is no fuel cut-off valve - unless a vacuum system is used, the fuel cap does not fit tightly, or the carbonator has been modified or changed to increase speed;(11) The horn is not audible from at least 200 feet or the button is not readily accessible on the left handlebar;(12) There is no proof of current insurance for three-wheeled mopeds that carry two occupants seated side by side or rental mopeds, which must list the same vehicle owner and VIN as the registration and the VIN on the moped, except for fleet insured mopeds and there is no proof of current insurance for mopeds offered for rent or lease;(13) A moped manufactured after 9/1/74 does not have a properly functioning kill switch on the right handlebar;(14) A required lamp (white headlamp, red taillamp, red stop lamp and white license plate lamp) or reflector (one red in the rear, one red on each side near the rear, and one amber on each side near the front) does not function properly, has an improper location, color, or brightness, headlamp is aimed improperly, high beam or telltale does not work, (mopeds are not required to have turn signals, but if they are installed, the lens must not have damage that allows white light to shine through, color must be amber in the front and red or amber in the rear), a damaged lens is repaired with tape, there is moisture inside the lens, a lamp or reflector is obscured in any manner that puts it out of conformance (the burden of proof of conformance is on the moped owner) with FMVSS 108 (Table I C of FMVSS 108 provides added detail about required lighting);(15) The light switch on the left handlebar is not fully functional;(16) The rearview mirror or mirrors do not reflect a clear view of the traffic behind the driver, or the ease or the stability of adjustment is inadequate;(17) The odometer does not operate; or if the moped has a speedometer, it does not display miles per hour.(18) Regarding registration: (A) The moped license number and (VIN) on the moped do not match the numbers on the current valid registration document;(B) The first eight characters plus the tenth on the VIN on the manufacturer's FMVSS certification label are not on Hawaii's list of mopeds that are certified by the manufacturer to comply with Hawaii's moped laws, and beginning 01/01/2017 the horse power (2 or less) and engine displacement (50 cc or 1,492 watts or less) must agree with the information the manufacturer provided to the National Highway Traffic Safety Administration (NHTSA) and displayed on the NHTSA web site; or(C) The license plate is not legible and securely affixed at the rear of the moped, or the registration decal in not legible and securely affixed in the license plate;(19) The seats are not securely mounted, and any sharp edges or hazardous protrusions exist;(20) The retracting stand is insecurely installed, cannot hold the moped in a stable position or does not retract in a rearward and upward direction and stay close to the frame;(21) The steering system does not have free movement from stop to stop, steering head bearing play exists, the handlebar does not line up with front wheel, or a handlebar grip is missing;(22) The suspension system is not properly installed, bottoms out or does not settle down after the first upward rebound, a hydraulic shock leaks, a coil spring is broken, or the swing arm has play or damage that adversely effects tracking;(23) The throttle or a brake lever does not automatically return to the rest position;(24) Tires have no U.S. Department of Transportation "DOT" marking, have inadequate load capacity, treads less than 1/32-inch deep or not designed for highway use, damage indicating partial failure or structure separation, or improperly sized;(25) Wheels are damaged to cause excessive runout, parts are missing, have loose wheel bearings, are not securely mounted;(26) Plastic or other material used in windscreen (optional equipment) is of improper type or is insecurely mounted, damaged, discolored, or obstructed so it hinders the operator's forward view; or(27) Visible electrical wiring is loosely connected, lacks insulation or has potential for causing a shout circuit[Eff 9/15/1986; am and comp 1/2/2017; Am and Comp 9/30/2018 ] (Auth: HRS §§ 291C-195, 202, 207) (Imp: HRS §§ 291C-195, 202, 207)