Bill Text: HI SB59 | 2011 | Regular Session | Introduced
Bill Title: Pickup Trucks; Passenger Restraints; Secured Mounted Seat
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-01-21 - (S) Referred to TIA, JDL. [SB59 Detail]
Download: Hawaii-2011-SB59-Introduced.html
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THE SENATE |
S.B. NO. |
59 |
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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 PASSENGER SAFETY FOR PICKUP TRUCKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Hawaii law prohibits the operation of a pickup truck with any passenger twelve years of age or under in the bed or load-carrying area of the truck. However, the legislature finds that recent accidents resulting in the death of or injury to persons riding in pickup truck beds underlines the need to strengthen Hawaii law.
The purpose of this Act is to additionally require that no pickup truck may be operated unless all passengers seated in the bed or load-carrying area of the truck are restrained by a seat belt assembly and seated in a secured mounted seat that is in full compliance with state and federal safety laws, rules, regulations, and guidelines. This Act does not affect the exception currently provided under section 291-14(b), Hawaii Revised Statutes, that is applicable to persons or corporations operating a business or businesses that serve the public.
SECTION 2. Section 291-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person shall stand in the bed or load-carrying area of any motor vehicle commonly known as a pickup truck while the vehicle is in operation. No operator of any pickup truck shall operate the vehicle with a passenger seated in the bed or load-carrying area of the vehicle unless:
(1) There is no seating available in the cab of the vehicle;
(2) The side racks of the vehicle are securely attached and the tailboard or tailgate is securely closed;
(3) [Every passenger] The passengers in
the bed or load-carrying area of the vehicle [is seated on the floor and
does] do not attempt to control unlashed cargo[.]; and
(4) Every passenger in the bed or load-carrying area of the vehicle is restrained by a seat belt assembly, as defined in section 291-11.6 and seated in a securely mounted seat. The department of transportation shall adopt rules to carry out the purposes of this paragraph that are in compliance with federal and state safety laws, rules, regulations, and guidelines."
SECTION 3. This Act shall be self-executing without regard to whether administrative rules have been adopted by the effective date of this Act for regulation of a secured mounted seat for purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2012.
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INTRODUCED BY: |
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Report Title:
Pickup Trucks; Passenger Restraints; Secured Mounted Seat
Description:
Prohibits pickup truck passengers from riding in the bed or load-carrying area unless securely fastened by approved passenger restraint system and seated in a secured mounted seat. Eff. 1/1/2012.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
