Bill Text: HI HB1090 | 2021 | Regular Session | Amended
Bill Title: Relating To Child Passenger Restraints.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed - Dead) 2021-03-23 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [HB1090 Detail]
Download: Hawaii-2021-HB1090-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1090 |
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THIRTY-FIRST LEGISLATURE, 2021 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO CHILD PASSENGER RESTRAINTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291-11.5, Hawaii Revised Statutes, is amended to read as follows:
"§291-11.5 Child passenger restraints. (a)
Except as otherwise provided in this section, no person operating a
motor vehicle on a public highway in the State shall transport a child [under
eight] less than ten years of age except under the following
circumstances:
(1) If the child is less than two years of age, the person operating the motor vehicle shall ensure that the child is properly restrained in a rear-facing child safety seat that meets federal motor vehicle safety standards at the time of its manufacture;
(2) If the child is [under] at least two
years of age but less than four years of age, the person operating the
motor vehicle shall ensure that the child is properly restrained in a [child
passenger restraint system] rear-facing or forward-facing child safety
seat that has an internal harness and that meets federal motor vehicle
safety standards at the time of its manufacture; [or
(2)] (3) If the child is at least four years of
age [or older] but less than [eight] seven years of age,
the person operating the motor vehicle shall ensure that the child is properly
restrained in a child safety seat or booster seat that meets federal motor
vehicle safety standards at the time of its manufacture[; except as
provided in paragraph (3); and]; or
[(3)] (4) If the child is [four] at least seven
years of age [or older] but less than [eight] ten years of
age, the person operating the motor vehicle shall [be exempt from properly
restraining] ensure that the child is properly restrained in
a child safety seat or booster seat that meets federal motor vehicle safety
standards at the time of its manufacture; provided that this requirement
shall not apply if the child is:
(A) Correctly
restrained by a lap and shoulder seat belt assembly; and[:
(A)] (B)
Over four feet and nine inches in height[;
or
(B) Over forty pounds and traveling in a motor
vehicle equipped only with lap belts, without shoulder straps, in the back seat].
(b) [Operators of the following motor vehicles]
A person operating a motor vehicle shall be exempt from the requirements
of this section[:] if the vehicle in which the child is being transported
is an emergency, commercial, [and] or mass transit [vehicles.]
vehicle. Further exemptions from
this section may be established by the department of transportation pursuant to
rules adopted under chapter 91.
[(c) This section shall not apply if the number of
persons in a vehicle exceeds the greater of the following:
(1) The number of seat belt assemblies
available in the vehicle; or
(2) The number of seat belt assemblies originally
installed in the vehicle;
provided that all available seat belt assemblies
are being used to restrain a passenger, and those children not restrained by an
approved child passenger restraint system, a child safety seat, a booster seat,
or a seat belt assembly are in the back seat of the motor vehicle.
[(d)]
(c) In no event shall failure to
restrain a child under the age of [eight] ten years as required
by this section be considered contributory negligence, comparative negligence,
or negligence per se.
[(e)]
(d) Violation of this section
shall be considered an offense as defined under section 701-107(5) and shall
subject the violator to the following penalties:
(1) For a first conviction, the person shall:
(A) Be fined not more than $100;
(B) Be required by the court to attend a child
passenger restraint system safety class [conducted] approved by
the judiciary's division of driver education; provided that:
(i) The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and
(ii) The class shall not exceed four hours;
(C) Pay a $50 driver education assessment as provided in section 286G-3;
(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and
(E) Pay
up to a $10 surcharge to be deposited into the trauma system special fund if
the court so orders;
(2) For a conviction of a second offense committed within three years of any other conviction under this section, the person shall:
(A) Be fined not less than [$100] $
but not more than [$200;] $ ;
(B) Be required by the court to attend a child
passenger restraint system safety class not to exceed four hours in length [conducted]
approved by the judiciary's division of driver education if the
person has not previously attended such a class;
(C) Pay a $50 driver education assessment as
provided in section 286G-3 if the person has not previously attended a child
passenger restraint system safety class [conducted] approved by
the judiciary's division of driver education;
(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and
(E) Pay
up to a $10 surcharge to be deposited into the trauma system special fund if
the court so orders;
(3) For a conviction of a third or subsequent offense committed within three years of any other conviction under this section, the person shall:
(A) Be fined not less than [$200] $
but not more than [$500;] $ ;
(B) Be required by the court to attend a child
passenger restraint system safety class not to exceed four hours in length [conducted]
approved by the judiciary's division of driver education if the person
has not previously attended such a class;
(C) Pay a $50 driver education assessment as
provided in section 286G-3 if the person has not previously attended a child
passenger restraint system safety class [conducted] approved by the
judiciary's division of driver education;
(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and
(E) Pay
up to a $10 surcharge to be deposited into the trauma system special fund if
the court so orders.
[(f)]
(e) As used in this section:
"Commercial vehicle" means any motor vehicle that is being used for the transportation of persons for hire, compensation, or profit.
"Emergency vehicle", "mass transit vehicle", "restrained", and "seat belt assembly" shall have the same meaning as provided in section 291-11.6."
SECTION 2. Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided by law, no
person shall operate a motor vehicle upon any public highway unless the person
is restrained by a seat belt assembly and all passengers in the front or back
seat of the motor vehicle are restrained by a seat belt assembly or are
restrained pursuant to section 291‑11.5 if they are [under eight]
less than ten years of age."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Child Passenger Restraints; Requirements; Penalties
Description:
Amends requirements for child passengers. Requires rear facing child safety seats for children less than two years of age. Requires the use of child safety seats or booster seats for certain children less than ten years of age. Raises certain fines for violations. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
