Bicycles; Helmets

Requires bicycle riders under 18 to wear a bicycle helmet.

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
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)  No person under eighteen
 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 as determined by the National
 9 Safety Council and is designed to fit the user and protect
10 against head trauma.  This requirement also applies to a person
11 who rides upon a bicycle while in a restraining seat that is
12 attached to the bicycle.
13      (b)  A violation of this section is punishable by a fine of
14 not more than $25, which can be waived upon proof of purchase of
15 a helmet as described in subsection (a).  The parent or legal
16 guardian having control or custody of an unemancipated minor
17 whose conduct violates this section shall be jointly and
18 severally liable with the minor for the amount of the fine
19 imposed pursuant to this section.
20      (c)  Notwithstanding any law to the contrary, the fines

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                                     S.B. NO.           2031
                                                        S.D. 1

 1 collected for a violation of this section shall be paid into the
 2 state treasury to the credit of the state general fund.
 3      (d)  A person who provides bicycles for hire shall not rent
 4 a bicycle to a person unless every person who is under age
 5 eighteen and will ride, or occupy a restraining seat that is
 6 attached to the bicycle, has a bicycle helmet as described in
 7 subsection (a)."
 8      SECTION 2.  This Act does not affect rights and duties that
 9 matured, penalties that were incurred, and proceedings that were
10 begun, before its effective date.
11      SECTION 3.  New statutory material is underscored.
12      SECTION 4.  This Act shall take effect January 1, 2001.