Bicycle Helmets

Requires persons under 15 years of age to wear a helmet when
operating a bicycle or riding on a bicycle as a passenger.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   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)  A person under fifteen
 5 years of age shall not operate a bicycle, or ride upon a bicycle
 6 as a passenger, upon a street, bikeway, or any other public
 7 bicycle path or trail unless that person is wearing a properly
 8 fitted and fastened bicycle helmet that meets the standards of
 9 the American National Standards Institute (ANSI Z 90.4 bicycle
10 helmet standard) of the Snell Memorial Foundation's Standard for
11 Protective Headgear for Use in Bicycling.  This requirement also
12 applies to a person who rides upon a bicycle while in a
13 restraining seat that is attached to the bicycle or in a trailer
14 towed by the bicycle.
15      (b)  Any helmet sold or offered for sale for use by
16 operators and passengers of bicycles shall be conspicuously
17 labeled in accordance with the standard described in subsection
18 (a), which shall constitute the manufacturer's certification that

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 1 the helmet conforms to the applicable safety standards.
 2      (c)  No person shall sell, or offer for sale, for use by an
 3 operator or passenger of a bicycle any bicycle helmet which is
 4 not of a type meeting requirements established by this section.
 5      (d)  A violation of this section is punishable by a fine of
 6 not more than $25.  The parent or legal guardian having control
 7 or custody of an unemancipated minor whose conduct violates this
 8 section shall be jointly and severally liable with the minor for
 9 the amount of the fine imposed pursuant to this section.
10      (e)  Notwithstanding any law to the contrary, the fines
11 collected for a violation of this section shall be paid into the
12 state treasury to the credit of the state general fund.
13      (f)  A person who provides bicycles for hire shall not rent
14 a bicycle to a person unless every person who is under age
15 fifteen and will ride or be carried on the bicycle has a bicycle
16 helmet.
17      (g)  The department of education shall provide educational
18 materials to persons under the age of fifteen about bicycle
19 helmet use, and shall make information about bicycle helmet
20 discount coupons and giveaway programs available to community
21 groups and schools."
22      SECTION 2.  This Act does not affect rights and duties that

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 1 matured, penalties that were incurred, and proceedings that were
 2 begun, before its effective date.
 3      SECTION 3.  New statutory material is underscored.
 4      SECTION 4.  This Act shall take effect upon its approval.
 6                           INTRODUCED BY:_________________________