Bill Text: HI SB987 | 2010 | Regular Session | Introduced
Bill Title: Highway Safety; Moped; Motor Scooter; Helmet
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB987 Detail]
Download: Hawaii-2010-SB987-Introduced.html
Report Title:
Highway Safety; Moped; Motor Scooter; Helmet
Description:
Makes it mandatory that persons operating a moped or motor scooter or riding as a passenger on a motor scooter on any highway shall wear a safety helmet with a chin strap.
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THE SENATE |
S.B. NO. |
987 |
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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 HIGHWAY SAFETY.
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, moped, motor scooter, etc.; protective devices. (a) No person shall:
(1) Operate a motorcycle, moped, 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, moped, or motor scooter that is not equipped with windscreens or windshields; and
(B) Any other protective devices[, other than a safety helmet,]
required by rules adopted by the director[.] for the use of the
person intending to operate the motorcycle, moped, or motor scooter.
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, moped, or motor scooter to another person unless the person furnishes:
(A) Safety glasses, goggles, or a face shield, in the case of motorcycle, moped, 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 a motorcycle, moped, or motor scooter or ride as a passenger on the motorcycle or motor scooter; provided that any person to whom a motorcycle, moped, 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]
purpose 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[.] that complies with the United States
Department of Transportation's Federal Motor Vehicle Safety Standard No. 218
(FMVSS 218).
(c) No person shall operate a moped or motor scooter or ride as a passenger on a motor scooter on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap that complies with the United States Department of Transportation's Federal Motor Vehicle Safety Standard No. 218 (FMVSS 218).
[(c)]
(d) A safety helmet shall not be required for any person who operates a motorcycle, moped, or motor scooter
or rides as a passenger on a motorcycle or motor
scooter; provided that the motorcycle, moped, 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] use
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 to read as follows:
"§291C-195 Driving of mopeds. (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 unless the person wears a safety helmet securely
fastened with a chin strap[.] that complies with the United States Department of Transportation's Federal
Motor Vehicle Safety Standard No. 218 (FMVSS 218). The safety helmet shall meet
the specifications and requirements established by rules adopted by the director.
(b) No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.
(c) No person shall drive a moped which is carrying any other person nor shall any person other than the driver ride upon a moped.
(d) Subsections (b) and (c) shall not apply to three-wheeled mopeds designed to carry a driver and passenger seated side by side.
(e) Three-wheeled mopeds shall be insured for liability and property damage, excluding personal injury protection."
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. Statutory material to be repealed is bracketed and stricken. New statutory material in underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
