LIHU‘E — The crime of exceeding maximum bumper heights, formerly a simple violation that would earn the accused a citation, was recently upgraded to a misdemeanor that will require a court appearance, according to Kaua‘i Police Department officials. KPD Acting
LIHU‘E — The crime of exceeding maximum bumper heights, formerly a simple violation that would earn the accused a citation, was recently upgraded to a misdemeanor that will require a court appearance, according to Kaua‘i Police Department officials.
KPD Acting Capt. Mark Scribner on Monday announced a decision made last week by the deputy chief judges of the 2nd, 3rd and 5th circuit courts. The judges said a violation of Hawai‘i Revised Statutes Section 291-35.1 will now require the defendant to appear in court for arraignment.
“If convicted, the defendant could face maximum penalties of up to one year imprisonment, a $7 driver’s education fee and $55 crime victim compensation fee,” Scribner said in a press release.
In an e-mail, he added that the maximum fine for a misdemeanor is $2,000.
According to Section 291-35.1, maximum bumper heights of motor vehicles shall be determined by the weight category of gross vehicle weight rating as measured from a level surface to the highest point on the bottom of the bumper.
Maximum heights allowed under the statute are: 22 inches for passenger vehicles; 29 inches for vehicles 4,500 pounds and less; 33 inches for vehicles weighing 4,501 to 7,500 pounds; and 35 inches for vehicles weighing between 7,501 and 10,000 pounds.
Vehicles weighing more than 10,000 pounds fall under commercial motor vehicles, Scribner said.
“The law does not state that the vehicle must be operated, only that the maximum heights are as stated,” Scribner said in the e-mail, “which means if the vehicle is parked on public property, (the registered owner) can be cited.”
He added that KPD has yet to issue any misdemeanor citations, but that implementation would begin as soon as the public was made aware of the change in classification.
Community concern over oversized trucks and their ability to drive on the beach has swelled since a 38-year-old Puhi woman was seriously injured after a large truck with oversized tires ran over her while she was sunbathing Jan. 18 at Kitchens Beach in Wailua.
Police arrested the driver, Kawai Watanabe, at the scene for two unrelated bench warrants. County spokeswoman Mary Daubert said last month that Watanabe was later arrested for second-degree negligent injury and reckless driving.
There was no report on whether he had been cited for violation of state bumper height restrictions.
• Michael Levine, staff writer, can be reached at 245-3681 (ext. 252) or via e-mail at mlevine@kauaipubco.com
