Bill Text: HI HB1111 | 2024 | Regular Session | Introduced
Bill Title: Relating To Protective Devices For Motorcycles, Motor Scooters, And Mopeds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB1111 Detail]
Download: Hawaii-2024-HB1111-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1111 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROTECTIVE DEVICES FOR MOTORCYCLES, MOTOR SCOOTERS, AND MOPEDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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 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:
(1) 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]
(2) A safety helmet securely fastened with a
chin strap, and
[(2)] (3) 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 subsection, a required device
shall meet the specifications and requirements established by rules adopted by
the director.
(b) Notwithstanding
subsection (a) and section 291C-195, no person shall operate a moped or motor
scooter leased from a rental company on any roadway in the State unless the
person wears a safety helmet, which shall be provided by the rental company
unless the person provides the person's own safety helmet; provided that this
subsection shall not apply to persons who possess a valid license under this
chapter to operate a motorcycle or an equivalent license issued from another
state. To meet the requirements of this
subsection, the safety helmet shall meet the specifications and requirements
established by rules adopted by the director.
(c) In addition to the
requirements of subsection (b), no person shall lease or rent a motorcycle or
motor scooter to another person unless the person furnishes:
(1) Safety glasses, goggles, or a face
shield, in the case of a motorcycle or motor
scooter that is not equipped with a windscreens or windshields; [and]
(2) A safety
helmet that has a chin strap; provided that any person to whom a motorcycle or
motor scooter is leased or rented may furnish a safety helmet for the person's
own use; and
[(2)] (3) 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 subsection, a required device shall meet the
specifications and requirements established by rules adopted by the director.
(d) No person shall sell,
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.
[(e)
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.
(f) A] (e) Notwithstanding subsection (a) to the contrary,
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)] (2) Has a roll bar, roll cage, or full body
enclosed cab; and
[(4)] (3) Has a seat belt assembly or a child restraint
system for the driver and the passenger; and the operator and passenger uses
the seat belt or child restraint system pursuant to sections 291-11.5 and
291-11.6."
SECTION
2. Section 291C-195, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Notwithstanding section 286-81(b), no person:
(1) Less than fifteen years of age shall drive a moped on a highway, street, roadway, or any other public property in the State; and
(2) [Less than eighteen
years of age shall] Shall drive a moped unless the person wears a
safety helmet securely fastened with a chin strap.
The safety helmet shall
meet the specifications and requirements established by rules adopted by the
director."
SECTION 3. Statutory
material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Highway Safety; Safety Equipment; Protective Devices; Motorcycles, Motor Scooters, and Mopeds
Description:
Requires operators and passengers of motorcycles, motor scooters, to wear a helmet secured by a chin strap. Requires operators of a moped to wear a helmet with a chin strap.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
