Bicycles; Helmets

Requires bicycle riders under 16 to wear a bicycle helmet.
(HB1763 CD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 2
STATE OF HAWAII                                            C.D. 1

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is
 2 amended by adding a new section to part XIII to be appropriately
 3 designated and to read as follows:
 4      "291C-     Bicycle helmets.  (a)  No person under sixteen
 5 years of age shall operate a bicycle upon a street, bikeway, or
 6 any other public property unless that person is wearing a
 7 properly fitted and fastened bicycle helmet that has been tested
 8 by a nationally recognized agency such as the National Highway
 9 Traffic Safety Administration, the National Safety Council, or
10 the Children's Safety Network, and is designed to fit the user
11 and protect against head trauma.  This requirement also applies
12 to a person who rides upon a bicycle while in a restraining seat
13 that is attached to the bicycle or who rides in a trailer towed
14 by the bicycle.
15      (b)  A person who provides bicycles for hire shall not rent
16 a bicycle to any person unless every person who is under age
17 sixteen is wearing a bicycle helmet, as required in subsection
18 (a), while operating the rented bicycle, occupying a restraining
19 seat that is attached to the rented bicycle, or riding in a
20 trailer towed by the rented bicycle.

Page 2                                                     1763
                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        C.D. 1

 1      (c)  A violation of this section is punishable by a fine of
 2 not more than $25.  The parent or legal guardian having control
 3 or custody of an unemancipated minor whose conduct violates this
 4 section shall be liable for the amount of the fine imposed
 5 pursuant to this section.
 6      (d)  Notwithstanding any law to the contrary, the fines
 7 collected for a violation of this section shall be paid into the
 8 state treasury to the credit of the state general fund."
 9      SECTION 2.  This Act does not affect rights and duties hat
10 matured, penalties that were incurred, and proceedings that were
11 begun, before its effective date.
12      SECTION 3.  New statutory material is underscored.
13      SECTION 4.  This Act shall take effect on January 1, 2001.