A tiny Japanese import drives by and suddenly you feel this BOOM! BOOM! BOOM! shaking the ground like an 800-pound gorilla beating his chest, or perhaps you’re sitting at a traffic light and a behemoth SUV rolls up behind you
A tiny Japanese import drives by and suddenly you feel this BOOM! BOOM! BOOM! shaking the ground like an 800-pound gorilla beating his chest, or perhaps you’re sitting at a traffic light and a behemoth SUV rolls up behind you playing a bass-driven rap-song that makes your pacemaker bounce around like a ping-pong ball.
You have just been exposed to the subculture of after-market audio sales, an issue some Hawai‘i legislators are attempting to address during the current legislative session. House Bill 198, “Relating to vehicle audio equipment,” was submitted recently in the Hawai‘i State Legislature.
After numerous complaints from people inconvenienced by others who play their car stereos at an unnecessarily loud level, the bill intends to prohibit the installation, possession and operation of certain types of car stereos.
While the proposal certainly sounds good to those who called in to complain, the facts show that bill H.B. 198, though well-intentioned, just might fall on deaf ears.
On Feb. 2, the Office of the Public Defender testified to the Senate Committee on Judiciary and Labor opposing the bill on multiple grounds.
Under the heading of enforceability, the public defender argued the law will be nearly impossible to enforce because there is no way to tell if the car stereo is an after-market installation or originally installed equipment, as many automakers now offer upgraded car stereos with subwoofers that have upwards of eight or even 10 speakers.
In terms of fairness, if an individual purchases a Cadillac equipped from the factory with a 1,000-watt stereo with a subwoofer, he would not be in violation of the law merely because the stereo was installed at the factory. However, if that same person took a Toyota to a stereo installer and put in a similar system, he would be in violation of the law.
Similar logic can be applied to speeding legislation. While it is unlawful to speed, it is not against the law to own a vehicle capable of a top speeds far exceeding even the highest posted speed limit. Police therefor issue citations to those who operate their equipment in an illegal way, not to those who simply own equipment that could allow them to break the law.
Under the heading of retroactivity, the law has no provision for grandfathering in all the current after-market stereos which have already been installed but would be prohibited by this measure, the public defender said.
Currently, a Honolulu county ordinance prohibits the operation of stereo equipment from a vehicle if the sound generated is audible at a distance of 30 feet. The law targets the offender, and not the equipment, and in some instances may result in the forfeiture of the sound system.
Last July, USA Today announced that after-market sales for car audio systems were slipping because younger owners often add accessories to improve their cars’ looks, such as flashy rims and performance tires, with fewer opting for better sound inside.
The Consumer Electronics Association reported that by July 2008, the spending on after-market car stereo systems had slipped down 28 percent from 2006. The category includes everything from CD changers and speakers to satellite radio.
After hearing all the arguments brought before the Senate Committee, will the Legislature spend their valuable time and energy on this bill, or simply let this 800-pound gorilla go back to sleep?
