Report Title:

Motor Scooters; Mopeds; Helmets

 

Description:

Requires all operators and passengers of motor scooters and mopeds to wear helmets.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

417

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOTOR SCOOTER AND MOPED HELMET USAGE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Act 63, Session Laws of Hawaii 2006, requires a person under the age of eighteen to wear a safety helmet when operating a moped or riding as a passenger on a moped.  The legislature finds that helmets should be required to be worn by all persons while operating or riding as a passenger on a moped, or while operating or riding as a passenger on a motor scooter, regardless of age.  The same safety and policy issues pertain to a motor scooter, which is only slightly more powerful, as to a moped.

     The purpose of this Act is to require all persons to wear a helmet while operating or riding as a passenger on a moped, or while operating or riding as a passenger on a motor scooter.  SECTION 2.  Section 286-81, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  No person shall:

     (1)  Operate a motorcycle or motor scooter, on any highway in the State unless the person and any passenger the person carries on the motorcycle or motor scooter wears:

         (A)  A safety helmet with a chinstrap for secure fastening, in the case of a motor scooter;

        [(A)(B)  Safety glasses, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with windscreens or windshields; and

        [(B)(C)  Any other protective devices, other than a safety helmet[,] in the case of a motorcycle, as required by rules adopted by the director.

          For the purpose of meeting the requirements of this paragraph, a required device shall meet the specifications and requirements established by rules adopted by the director;

     (2)  Lease or rent a motorcycle or motor scooter to another person unless the person furnishes:

          (A)  A safety helmet with a chin strap for secure fastening, in the case of a motor scooter;

        [(A)(B)  Safety glasses, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with windscreens or windshields; and

        [(B)(C)  Any other protective devices required by the rules adopted by the director for the use of the person or persons intending to operate or ride as a passenger on the motorcycle or motor scooter; provided that any person to whom a motorcycle or motor scooter is leased or rented may furnish for the person's own use the protective devices required by this part.

          For the purposes of meeting the requirements of this paragraph, a required device shall meet the specifications and requirements established by rules adopted by the director; or

     (3)  Sell or offer for sale or furnish any safety helmet, safety glasses, goggles, face shield, windscreen, windshield, or other protective devices represented to meet the requirements of this part unless the device meets the specifications and requirements established by rules adopted by the director.

     (b)  No person less than eighteen years of age shall operate or ride as a passenger on a motorcycle [or motor scooter] on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap."

     SECTION 3.  Section 291C-195, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person less than fifteen years of age shall drive a moped on a highway, street, roadway, or any other public property in the state.  No person [less than eighteen years of age] shall drive a moped unless the person wears a safety helmet securely fastened with a chin strap.  The safety helmet shall meet the specifications and requirements established by rules adopted by the director."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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