Bill Text: HI SB179 | 2018 | Regular Session | Introduced
Bill Title: Relating To Safety Helmets.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2018-01-17 - Re-Referred to TRE, JDC. [SB179 Detail]
Download: Hawaii-2018-SB179-Introduced.html
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THE SENATE |
S.B. NO. |
179 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SAFETY HELMETS.
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.; 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) A safety helmet, if the person or any passenger the person carries is under the age of twenty-five; and
[(B)] (C) Any other protective
devices, other than a safety helmet[,] except as provided in
subparagraph (B), 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) A safety helmet, if the person to whom a motorcycle or motor scooter is leased or rented or any passenger that person carries is under the age of twenty-five; and
[(B)] (C) 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] twenty-five
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] Notwithstanding subsections
(a) or (b) 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) 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. Section 291C-195, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person less than fifteen years of
age shall drive a moped on a highway, street, roadway, or any other public
property in the State. No person less than [eighteen] twenty-five
years of age shall drive a moped or ride as a passenger on 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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Report Title:
Safety Helmets; Motorcycle; Motor Scooter; Moped
Description:
Requires safety helmets to be worn by drivers and passengers of motorcycles, motor scooters, and mopeds, who are under the age of twenty-five.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
