Bill Text: HI HB181 | 2012 | Regular Session | Introduced
Bill Title: Safety Equipment; Mopeds
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB181 Detail]
Download: Hawaii-2012-HB181-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
181 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SAFETY EQUIPMENT.
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, [etc.;]
moped; 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] A safety helmet securely fastened with
a chin strap; 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; or
(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 that is not equipped with
windscreens or windshields; and] A safety helmet securely fastened with
a chin strap; 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[;], or moped; provided that any person to whom a
motorcycle [or], motor scooter, or moped is leased or
rented may furnish for the person's own use the protective devices required by
this [part.] paragraph.
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)] (b) 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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Safety Equipment; Mopeds
Description:
Makes moped riders subject to safety equipment requirements. Requires use of helmets in addition to any other protective devices required by rules adopted by the director. Repeals specific requirements relating to use of safety glasses, goggles, or face shields. Makes conforming amendments related to requirements of sellers of protective equipment. Repeals provisions requiring sellers of safety equipment to meet safety specifications adopted by the director of transportation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
