HOUSE OF REPRESENTATIVES

H.B. NO.

18

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to all-TERRAIN vehicles.

 

 

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

 


     SECTION 1.  The legislature finds that the regulation of all-terrain vehicles is a matter of public safety.  According to the United States Consumer Product Safety Commission, an estimated 135,100 all-terrain vehicle-related injuries were treated in hospital emergency rooms nationwide in 2008.  In addition, there were 9,633 reported deaths between 1982 and 2008, with fourteen of those deaths occurring in Hawaii.

     The legislature further finds that the use of all-terrain vehicles is particularly dangerous for minors.  There were 2,588 all-terrain vehicle-related fatalities of children under the age of sixteen reported nationwide between 1982 and 2008.  This represents twenty-seven per cent of the total number of related fatalities during that time span.  Moreover, it is estimated that 37,700 all-terrain vehicle-related injuries in 2008 involved children younger than sixteen, accounting for twenty-eight per cent of all related injuries.  These harrowing statistics have led the American Academy of Pediatrics to recommend that no one under the age of sixteen should be authorized to operate all-terrain vehicles.

     The purpose of this Act is to enhance the health and safety of minors by prohibiting them from operating, riding, or being propelled on all-terrain vehicles.

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

"Part   .  All-terrain vehicles

     §286-A  Definitions.  As used in this part, unless the context otherwise requires:

     "All-terrain vehicle" means a motor vehicle that:

     (1)  Is designed for operation off of the highway by an operator with no more than one passenger;

     (2)  Is fifty inches or less in width;

     (3)  Is nine hundred pounds or less of unladen weight;

     (4)  Is suspended on three or more tires;

     (5)  Has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for not more than one passenger; and

     (6)  Has handlebars for steering control.

     "Minor" means a person under the age of eighteen.

     §286-B  Prohibition; minors.  (a)  No minor shall operate, ride, or be otherwise propelled on an all-terrain vehicle; provided that this section shall not apply to any minor who operates, rides, or is otherwise propelled on an all-terrain vehicle as part of a commercial production for which the minor receives payment.

     §286-C  Penalty.  A violation of this section is punishable by a fine of not more than $50.  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.  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 general fund."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

All-Terrain Vehicles; Minors; Prohibition

 

Description:

Prohibits minors from operating, riding, or otherwise being propelled on all-terrain vehicles.

 

 

 

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