HOUSE OF REPRESENTATIVES

H.B. NO.

1105

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Transportation.

 

 

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

 


     SECTION 1.  Section 249-1, Hawaii Revised Statutes, is amended as follows:

     1.   By adding two new definitions to be appropriately inserted and to read:

     ""Motorcycle" means every motor vehicle or vehicle having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground, but excludes an antique motor vehicle or moped. 

     "Motor scooter" means every motorcycle with a motor which produces not more than five horsepower, but excludes an antique vehicle or moped."

     2.   By amending the definitions of "motor vehicle" and "vehicle" to read:

     ""Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes mopeds[.] and motor scooters.

     "Vehicle" means every device in, upon, or which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power or devices used exclusively upon station rails or tracks [and], mopeds, and motor scooters."

     SECTION 2.  Section 249-13, Hawaii Revised Statutes, is amended to read as follows:

     "§249-13  Determination of rate.  (a)  The council shall determine the rate and the minimum tax at which all vehicles, [and] motor vehicles, motor scooters, and mopeds, in each respective county shall be taxed as provided by section 249-2.  In making the determination, the rate and minimum tax on trucks or noncommercial motor vehicles shall be in accordance with subsection (b)[.] and the rate and minimum tax on motorcycles, motor scooters, and mopeds shall be in accordance with subsection (c).  The rate and minimum tax shall be established by ordinance, provided that prior to final action thereon a public hearing shall be held on the proposed rate.  Public notice of the time and place of the hearing shall be given at least ten days prior to the hearing in the county.  After the public hearing the council may fix the rate and the minimum tax at any amount deemed necessary, but the rate and the minimum shall not be higher than that originally proposed when the notice of public hearing was given.  Any rate and minimum tax so established shall be effective as of January 1 of the year following the date of enactment of the ordinance.

     (b)  The rate and minimum tax for a truck or noncommercial motor vehicle shall be the same as provided for a passenger vehicle if:

     (1)  The truck or noncommercial motor vehicle has a net weight of six thousand five hundred pounds or less; and

     (2)  The owner submits proof to the director of finance that the truck or noncommercial motor vehicle is not being operated for compensation or commercial purposes.

     (c)  The rate and minimum tax for a motor scooter, moped, or motorcycle shall be:

     (1)  The same as provided for a passenger vehicle if the owner submits proof to the director of finance that the owner elected to wear a safety helmet pursuant to section 286-111(d); or  

     (2)  Double the amount as provided in subsection (c)(1) if the owner does not submit proof to the director of finance that the owner elected to wear a safety helmet pursuant to section 286-111(d).

     [(c)] (d)  Any person who submits proof under [subsection] subsections (b) and (c) to the director of finance knowing that it is false shall be guilty of a petty misdemeanor."

     SECTION 3.  Section 286-81, Hawaii Revised Statutes, is amended to read as follows:

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

     (1)  Operate a motorcycle or motor scooter, on any highway in the State unless the person and any passenger the person carries on the motorcycle or motor scooter 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)  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 to another person unless the person furnishes:

         (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)  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 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.

     (d)  Category (1) and (2) drivers who have indicated their election to wear a safety helmet pursuant to 286-111(d) shall be required to wear a safety helmet that meets the specifications and requirements established by rules adopted by the director.  The exceptions provided under subsection (c) shall not apply to the requirements of this subsection.

     SECTION 4.  Section 286-82, Hawaii Revised Statutes, is amended to read as follows:

     "§286-82  Penalty.  [Whoever] (a)  Except as provided in subsection (b), whoever violates this part shall be fined not more than $1,000.

     (b)  Any person who violates section 286-81(d) shall be fined not less than $100 nor more than $1,000 or imprisoned not more than thirty days, or both.  Pursuant to procedures complying with chapter 91, the examiner of drivers may suspend for one year the license of a person who has violated section 286-81(d).

     (c)  Any person cited under subsection (b) shall have an opportunity to present a good faith defense, including but not limited to lack of knowledge."

     SECTION 5.  Section 286-111, Hawaii Revised Statutes, is amended to read as follows:

     "§286-111  Application for license, provisional license, or instruction permit; fees.  (a)  Every application for an instruction permit, provisional license, or driver's license shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths.  The examiner of drivers and officers serving under the examiner may administer the oaths without charge.  Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county, and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged.  An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license.  For category (1) and (2) provisional licenses or driver's license, the additional fee shall be at least double the amount of the current fee to be collected if the applicant does not elect on their application to wear a safety helmet that meets the specifications and requirements established by rules adopted by the director.  All of the foregoing fees shall become county realizations.

     (b)  The director shall establish by rule a standard fee for all driver's license applicants who require verification through the federal system that their presence in the United States is authorized by federal law.  The fees collected shall become state realizations and be deposited into the state highway fund.  The State shall reimburse the counties all costs of verification through the federal system.  The amount of reimbursement shall be determined by the director of transportation.

     (c)  The director of transportation shall establish a fee schedule for all commercial driver's licensing examinations.  The fees collected for a commercial driver's license shall become state realizations and shall be deposited in the state highway fund.  The State shall reimburse the counties all costs for administering the commercial driver's licensing program.  The amount of reimbursement shall be determined by the director of transportation.

     (d)  Every application shall state the full name, date of birth, sex, occupation, social security number if the applicant is eligible for a social security number, the residence address, and business address, if any, of the applicant, shall briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver, and, if so, when and in what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and if so, the date of and reason for the suspension, revocation, or refusal.  In addition to the above, every application for a category (1) and (2) license shall state whether the applicant agrees to elect to wear a safety helmet meeting specifications and requirements established by rules adopted by the director at all times when operating a moped, motorcycle, or motor scooter. 

     (e)  If the applicant is not eligible to receive a social security number, the applicant shall submit, in lieu of providing proof of social security number pursuant to subsection (d):

     (1)  A United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number; and

     (2)  Either:

         (A)  A government-issued photo identification document; or

         (B)  Other identification documents as deemed acceptable by the director.

     (f)  The examiner of drivers shall adopt rules in accordance with chapter 91 as may be necessary to carry out the purposes of this section."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Safety Helmets; License Requirements; Mopeds; Motorcycles; Motor Scooters; County Vehicle Taxes

 

Description:

Requires applications for moped, motorcycle, and motor scooter licenses to include information on planned safety helmet usage.  Creates penalties for those electing to use helmets but failing to do so.  Applies county vehicle taxes under chapter 249, Hawaii Revised Statutes, to mopeds, motorcycles, and motor scooters.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.