Bill Text: HI HB890 | 2010 | Regular Session | Introduced
Bill Title: All Terrain Vehicles
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB890 Detail]
Download: Hawaii-2010-HB890-Introduced.html
Report Title:
All Terrain Vehicles
Description:
Creates a rebuttable presumption that injuries resulting from the use of an all terrain vehicle were not caused by the negligence of an all terrain vehicle activity sponsor.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
890 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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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 policies behind the rebuttable presumptions created for equine activities apply equally as well to the use of all terrain vehicles.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
ALL TERRAIN VEHICLES
§ -1 Definitions. As used in this chapter, unless the context otherwise requires:
"All terrain vehicle" means a motor vehicle that travels on low pressure tires, with a seat that is straddled by the operator, along with handlebars for steering control, and is designed to handle a wider variety of terrain than common passenger motor vehicles.
"All terrain vehicle activity sponsor" means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for the operation of all terrain vehicles.
"Inherent risk of all terrain vehicles" means those dangers or conditions that are an integral part of all terrain vehicles, including but not limited to the unpredicatability of the vehicle on surface and subsurface conditions.
"Participant" means any person, whether amateur or professional, who operates an all terrain vehicle, whether or not a fee is paid to participate in the all terrain vehicle activity.
§ -2 All terrain vehicle activities; rebuttable presumption. In any civil action for injury, loss, damage, or death of a participant, there shall be a rebuttable presumption that the injury, loss, damage, or death was not caused by the negligence of an all terrain vehicle activity sponsor, or their employees or agents, if the injury, loss, damage, or death was caused solely by the inherent risk of the all terrain vehicle. An injured person or their legal representative may rebut the presumption of no negligence by a preponderance of the evidence."
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. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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