HOUSE OF REPRESENTATIVES

H.B. NO.

17

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO USE OF SAFETY HELMETS.

 

 

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

 


     SECTION 1.  The legislature finds that all-terrain vehicle (popularly known as ATV) rollovers, collisions, and ejections can cause serious or fatal injuries.  The increase in popularity of all-terrain vehicles has produced a number of harrowing statistics, both locally and nationally.  According to the United States Consumer Product Safety Commission, Hawaii reported fourteen all-terrain vehicle-related deaths from 1982 through 2008.  During that same time period, there were 9,633 deaths reported nationally.  The actual number of all-terrain vehicle-related deaths may be higher, as a number of fatalities may go unreported.

     Helmet use can save lives.  Hawaii is one of a handful of states that do not have laws that promote the safe use of all-terrain vehicles.  Although current law does not permit an all-terrain vehicle to be operated on public roads, all-terrain vehicles are operated on public and private lands for a variety of purposes, including farming, recreation, and hunting.

     The legislature further finds that, according to the United States Consumer Product Safety Commission's National Electronic Injury Surveillance System, an estimated 135,100 all-terrain vehicle-related injuries were treated in hospital emergency departments nationwide in 2008.  Between 2005 and 2009, Queen's Medical Center treated sixty-two all-terrain vehicle accident victims, thirty-nine of whom were known to be riding without a helmet.  Requiring the use of helmets would contribute to the protection of the public health and safety.

     Accordingly, the purpose of this Act is to require the use of safety helmets when operating all-terrain vehicles.

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§286-    Prohibition; operation without a safety helmet.  (a)  No person shall operate, ride, or be otherwise propelled on an all-terrain vehicle without wearing a safety helmet securely fastened with a chin strap."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

All-Terrain Vehicles; Helmets

 

Description:

Prohibits the use of all-terrain vehicles without wearing a safety helmet.

 

 

 

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