Bill Text: HI SB1309 | 2014 | Regular Session | Amended

---

Bill Title: Traumatic Brain Injuries; Helmets; All-terrain Vehicles; Motorcycles; Mopeds; Motor Scooters

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB1309 Detail]

Download: Hawaii-2014-SB1309-Amended.html

---

THE SENATE	S.B. NO.	1309
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO TRAUMATIC BRAIN INJURIES.

 

 

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

 

     SECTION 1.  Section 286-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""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 to 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."

     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 under the age of eighteen shall operate, ride, or otherwise be propelled on an all-terrain vehicle unless the person wears a safety helmet.

     (b)  Each person engaged in the business of leasing or renting an all-terrain vehicle shall furnish a safety helmet to each lessee or renter under the age of eighteen who will operate or ride in the all-terrain vehicle.

     (c)  A person who violates this section shall be subject to penalties under section 286-82."

     SECTION 3.  Section 286-81, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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 other protective devices[, other than a safety helmet,] required by law and 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 law and 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)  Any other protective devices required by law and 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 law and 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 law and rules adopted by the director."

     SECTION 4.  Section 291C-152, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291C-152[]]  Riding on motorcycles.  (a)  A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.

     (b)  A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

     (c)  No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.

     (d)  No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

     (e)  No person under the age of eighteen shall operate a motorcycle or ride as a passenger on a motorcycle upon any highway of the State, unless that person is wearing a safety helmet pursuant to section 286-81."

     SECTION 5.  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 ride on a 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.], as defined in section 286-2."

     SECTION 6.  Section 291C-201, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291C-201[]]  Renting or selling mopeds.  (a)  Every person engaged in the retail business of selling or renting mopeds shall provide the person renting or purchasing a moped with a copy of the rules for mopeds as approved by the director of transportation.

     (b)  Every person renting a moped to another shall keep a record for two years of the registration number of the moped so rented, the name and address of the person to whom the moped is rented, the number of the driver's license of the latter person, and the date and place when and where the driver's license was issued.  This record shall be open to inspection by any police officer or the examiner of drivers or the examiner of drivers' representative.

     (c)  Each person engaging in the business of renting a moped shall furnish a safety helmet, as defined in section 286‑2, to each renter under the age of eighteen who will drive or ride as a passenger on the moped."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Traumatic Brain Injuries; Helmets; All-terrain Vehicles; Motorcycles; Mopeds; Motor Scooters

 

Description:

Requires helmet use for individuals under the age of eighteen operating or riding motorcycles, motor scooters, mopeds, and all-terrain vehicles.  Requires persons engaging in the business of renting these vehicles to furnish a safety helmet to renters under the age of eighteen of motorcycles, motor scooters, mopeds, and all-terrain vehicles who will drive or ride on these vehicles.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.