THE SENATE	S.B. NO.	828
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HELMET USE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

PART I

     SECTION 1.  The United States Consumer Product Safety Commission estimates that the number of emergency-room treated injuries relating to using all-terrain vehicles was 135,100 in 2008.  For children under age sixteen, the estimated number of emergency-room treated injuries in 2008 was 37,700.  The United States Consumer Product Safety Commission also estimates that the number of deaths relating to the use of all-terrain vehicles was seven hundred eighty in 2008.

     Hawaii does not currently have a law that requires the use of helmets while operating all-terrain vehicles.

     The legislature finds that with the increasing use of all-terrain vehicles in the State and the concomitant risk of serious injury and death from head trauma, the State needs to enact legislation to require the wearing of helmets while operating or riding in all-terrain vehicles.

     The purpose of this part is to require the wearing of a helmet by all persons while operating or riding all-terrain vehicles.

     SECTION 2.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§286‑    Operation of all-terrain vehicles; safety helmet.  (a)  No person shall operate, ride, or otherwise be propelled on an all-terrain vehicle unless the person wears a safety helmet.

     (b)  No person shall lease, rent, loan, or sell an all‑terrain vehicle to a person unless the person furnishes a safety helmet for the person operating and riding in the all-terrain vehicle.

     (c)  As used in this section:

     "All-terrain vehicle" means a motorized flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement of less than 960 cubic centimeters, and that has a net weight of not more than 1,800 pounds.

     "Safety helmet" means a helmet that:

     (1)  Meets the requirements of the Federal Motor Vehicle Safety Standard 218, Title 49 Code of Federal Regulations Section 571.218;

     (2)  Is worn on the person's head and is fastened with helmet or chin straps; and

     (3)  Is of a size that fits the person's head securely without excessive lateral or vertical movement.

     (d)  A person who violates this section shall be subject to a fine of not more than $           for each violation upon issuance of a citation under section 286-10."

PART II

     SECTION 3.  According to the American College of Emergency Physicians, helmet use is the single most important factor in people surviving motorcycle crashes.  Helmets reduce the risk of head, brain, and facial injury among motorcyclists of all ages and crash severities.  Unhelmeted motorists are forty per cent more likely to die from a head injury, according to the National Highway Traffic Safety Administration.  Motorcycle fatalities nationally have increased every year for the past ten years.  Motorcyclists make up thirteen per cent of all traffic deaths and are thirty-seven times more likely to die in a crash than occupants in passenger cars.

     The purpose of this part is to require helmet use for motorcyclists.

     SECTION 4.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XIV be appropriately designated and to read as follows:

     "§291C‑    Motorcycle helmets.  (a)  No person shall operate a motorcycle or ride as a passenger on a motorcycle upon a street or highway, unless that person is wearing a properly fitted and fastened motorcycle helmet that is approved in accordance with the standards of the Federal Motor Carrier Safety Administration, 49 Code of Federal Regulations Section 571.218. 

     (b)  A person who provides motorcycles for hire shall not rent a motorcycle to any person unless that person is wearing a motorcycle helmet approved as required in subsection (a).

     (c)  A violation of this section is punishable by a fine of not more than $          .

     (d)  Notwithstanding any law to the contrary, the fines collected for a violation of this section shall be paid into the state treasury to the credit of the general fund."

PART III

     SECTION 5.  The legislature finds that operators and passengers of motor scooters require the same protection as operators and riders of motorcycles.

     The purpose of this part is to require motor scooter operators and passengers to wear safety helmets.

     SECTION 6.  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)  [Any] A safety helmet and 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;

     (2)  Lease or rent a motorcycle or motor scooter to another person unless the person furnishes:

         (A)  Safety glasses, safety helmets, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with windscreens or windshields; 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; 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 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 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.]"

PART IV

     SECTION 7.  Current law requiring the wearing of bicycle helmets exempts persons age sixteen and over.  The legislature finds that as bicycle riding becomes increasingly commonplace, more protection is needed for all ages.

     The purpose of this part is to require the use of bicycle helmets for persons of all ages.

     SECTION 8.  Section 291C-150, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  No person [under sixteen years of age] shall operate a bicycle upon a street, bikeway, or any other public property unless that person is wearing a properly fitted and fastened bicycle helmet that has been tested by a nationally recognized agency such as the National Highway Traffic Safety Administration, the National Safety Council, or the Children's Safety Network, and is designed to fit the user and protect against head trauma.  This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle.

     (b)  A person who provides bicycles for hire shall not rent a bicycle to any person unless [every] that person [who is under age sixteen] is wearing a bicycle helmet, as required in subsection (a), while operating the rented bicycle, occupying a restraining seat that is attached to the rented bicycle, or riding in a trailer towed by the rented bicycle."

PART V

     SECTION 9.  The danger of head injuries to moped riders is comparable to or greater than that of motorcycle riders.  The Wisconsin department of transportation warns that a moped offers the rider almost no protection in case of a crash.  Even at relatively slow moped speeds, head injuries in moped crashes are common.

     The purpose of this part is to require helmet use for moped riders.

     SECTION 10.  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 years of age] shall drive a moped or a three-wheeled moped or ride a moped or a three-wheeled moped as a passenger 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.] properly fitted and fastened motorcycle helmet that is approved in accordance with the standards of the Federal Motor Carrier Safety Administration, 49 Code of Federal Regulations Section 571.218."

PART VI

     SECTION 11.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 12.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 13.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Helmets

 

Description:

Requires helmet use when operating or riding motorcycles, bicycles, motor scooters, mopeds, and all-terrain vehicles.

(SD1)

 

 

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