Report Title:

Safety

 

Description:

Mandates adoption of rules for safety helmets for motorcycles, motor scooters, mopeds, and bicycles.  Prohibits the operation or riding on a motorcycle, motor scooter, moped, or bicycle without a safety helmet.  Prohibits the sale, rental, or lease of a motorcycle, motor scooter, or moped without provision of safety helmet.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

17

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO HELMETS.

 

 

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

 


     SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to Part IV to be appropriately designated and to read as follows:

"§286-A Safety helmets; rules.    The director shall adopt rules, subject to the requirements of chapter 91, establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles, motor scooters, mopeds, and bicycles as the director determines are necessary for the safety of those drivers and passengers. The rules shall include, but are not limited to, the requirements imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include compliance with that federal standard by incorporation of its requirements by reference. Each helmet sold or offered for sale for use by drivers and passengers of motorcycles, motor scooters, mopeds, and bicycles, shall be conspicuously labeled in accordance with the federal standard which shall constitute the manufacturer's certification that the helmet conforms to the applicable federal motor vehicle safety standards."

SECTION 2.  Section 286-81, Hawaii Revised Statutes, is amended to read as follows:

     "PART IV.  SAFETY EQUIPMENT

     §286-81  Motorcycle, motor scooter, moped, etc.; protective devices.  (a)  No person shall:

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

         (A)  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)  A safety helmet; and

     [(B)] (C) Any other protective devices[, other than a safety helmet,] 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, or moped to another person unless the person furnishes:

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

         (B)  A safety helmet for the operator and for any passenger the operator carries on the motorcycle, motor scooter, or moped; 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 for use by a driver or passenger of a motorcycle, motor scooter, or moped, any safety helmet which is not of a type meeting requirements established by the rules adopted by the director; or

(4)  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.

     (c)  A safety helmet shall not be required for any person who operates or rides as a passenger on a motorcycle or motor scooter; provided that the motorcycle or motor scooter:

     (1)  Has three wheels;

     (2)  Is powered by an electric motor;

     (3)  Has a full body enclosed cab; and

     (4)  Has a seat belt assembly or a child restraint system for the driver and passenger;

and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6.]

(b)  For the purposes of this section, "wear a safety helmet" means having a safety helmet meeting the requirements of section 286- on the person's head that is fastened with the helmet straps and that is of a size that fits the person's head securely without excessive lateral or vertical movement.

     (c)  This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration, and if the vehicle has a seat belt assembly or a child restraint system for the driver and passenger, and the operator and any passengers use the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6. "

     SECTION 3.  Section 291C-150, Hawaii Revised Statutes, is amended to read as follows:

     "[§291C-150]  Bicycle helmets.  (a)  No person [under sixteen years of age] shall operate a bicycle upon a street, bikeway, highway, or any other public property unless that person is wearing a properly fitted and fastened bicycle helmet that has been tested by a nationally recognized agency such as the National Highway Traffic Safety Administration, the National Safety Council, or the Children's Safety Network, and is designed to fit the user and protect against head trauma.  This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle.

     (b)  A person who provides bicycles for hire shall not rent a bicycle to any person unless every person [who is under age sixteen] is wearing a bicycle helmet, as required in subsection (a), while operating the rented bicycle, occupying a restraining seat that is attached to the rented bicycle, or riding in a trailer towed by the rented bicycle.

     (c)  A violation of this section is punishable by a fine of not more than $25.  The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the amount of the fine imposed pursuant to this section.

     (d)  Notwithstanding any law to the contrary, the fines collected for a violation of this section shall be paid into the state treasury to the credit of the state general fund."

     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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