HOUSE OF REPRESENTATIVES

H.B. NO.

18

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

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. 

     The purpose of this Act is to enhance the public's health and safety, especially that of minors, by establishing regulations for the operation of 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 a 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.

     "American national standard" means the American National Standard for Four Wheel All-Terrain Vehicles, ANSI/SVIA-1-2007.

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

     §286-B  Age restrictions.  (a)  No person less than six years old shall operate an all-terrain vehicle.

(b)  No person shall operate an all-terrain vehicle bearing a certification label conforming to the American national standard, or later revision, in violation of the age recommendation warning label affixed by the manufacturer.

(c)  No person shall operate an all-terrain vehicle not bearing a certification label conforming to the American national standard except as follows:

(1)  All-terrain vehicles with engine capacity less than seventy cubic centimeters displacement shall be    operated by a person at least six years old;

(2)  All-terrain vehicles with engine capacity seventy    cubic centimeters up to and including ninety cubic    centimeters shall be operated by a person at least     twelve years old; and

(3)  All-terrain vehicles with engine capacity greater than

ninety cubic centimeters shall be operated by a person at least sixteen years old.

     (d)  A person less than sixteen years old may only operate an all-terrain vehicle under the direct supervision of a person at least eighteen years old.

§286-C  Equipment requirements.  Every all-terrain vehicle operated in this State shall comply with the American national standard or be equipped with the following:

     (1)  A brake system maintained in good operating condition;

     (2)  An effective muffler system in good working condition; and

     (3)  An effective spark arrester in good working condition.

§286-D  Prohibited acts by owner and operator.  (a)  No person shall operate an all-terrain vehicle:

     (1)  In a careless or reckless manner that may endanger or cause injury or damage to any person or property;

     (2)  On any public street, road, or highway unless such street, road, or highway is part of a designated trail system permitting such operation, except for purposes of crossing if:

         (A)  The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

         (B)  The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

         (C)  The operator yields the right of way to all oncoming traffic that constitutes an immediate potential hazard; and

         (D)  If equipped, both the headlight and tail lights are on when the crossing is made;

     (3)  To cross on any interstate or limited access highway;

     (4)  Without displaying a lighted headlamp and tail lamp during the period of one-half hour after sunset to one-half hour before sunrise and at any time when visibility is reduced due to insufficient light or unfavorable atmospheric conditions, unless use of lights is otherwise prohibited;

     (5)  Without eye protection and an approved safety helmet;

     (6)  To carry a passenger, except where intended by the manufacturer for use by an operator and a passenger;

     (7)  While under the influence of alcohol or any controlled substance, or under the influence of a prescription or non-prescription drug that impairs vision, motor coordination, or judgment; or

     (8)  In a manner inconsistent with the age restrictions of section 286-B or the equipment requirements of section 286-C.

(b)  No owner shall authorize an all-terrain vehicle to be operated contrary to this part.

§286-E  Prohibited acts by seller.  (a)  No person shall knowingly sell or offer to sell an all-terrain vehicle bearing a certification label conforming to the American national standard in violation of the age recommendation warning label affixed by the manufacturer.

(b)  For all-terrain vehicles not bearing a certification label conforming to the American national standard no person shall knowingly sell or offer to sell at retail:

     (1)  An all-terrain vehicle for use by a person less than six years old;

     (2)  An all-terrain vehicle with engine capacity of seventy cubic centimeters or greater for use by a person less than twelve years old; and

     (3)  An all-terrain vehicle with engine capacity greater than ninety cubic centimeters for use by a person less than sixteen years old.

     §286-F  Penalty.  A violation of this part 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 part shall be liable for the amount of the fine imposed pursuant to this section.  Any fines collected for a violation of this part 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 2 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.  This Act shall take effect on January 7, 2059.


 


 

Report Title:

All-Terrain Vehicles; Minors; Prohibition

 

Description:

Addresses the conditions under which a minor may operate an all-terrain vehicles.  Establishes prohibited acts for owners, operators, and sellers of all-terrain vehicles.  Effective January 7, 2059.  (HB18 HD1)

 

 

 

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