Bill Text: HI HB2182 | 2016 | Regular Session | Introduced

Hawaii House Bill 2182 (Prior Session Legislation)

Introduced

Bill Title: Transportation; Mopeds; Helmets; License; Penalties

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-27 - Referred to TRN, CPC, FIN, referral sheet 3 [HB2182 Detail]

Download: Hawaii-2016-HB2182-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2182
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to HELMETS.

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

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§286- Designation of protective devices. On the application for any driver's license or license renewal, the examiner of drivers shall ask all category (1) applicants under section 286-102(b)(1) to designate whether the applicant elects to wear a safety helmet securely fastened with a chin strap at all times when operating a moped. The examiner of drivers shall issue or renew a license bearing the indication of the applicant's election to wear a safety helmet."

SECTION 2. Section 249-14, Hawaii Revised Statutes, is amended to read as follows:

"§249-14 Bicycle and moped fee. (a) Bicycles having two tandem wheels that are twenty inches or more in diameter and all mopeds are required to be registered and shall be subject to a permanent registration fee of $15, to be paid by the owners thereof to the director of finance.

(b) An owner of a bicycle having two tandem wheels that are less than twenty inches in diameter is not required to register such bicycle, but may do so to facilitate the return of recovered stolen bicycles by payment of the registration fee. The fee collected shall not be refunded or prorated. Upon receipt of the fee, the director of finance shall number and register each bicycle and moped for which the fee is paid, in the owner's name and furnish the owner with a metallic tag or decal for each bicycle or moped which shall be attached to the bicycle or moped. On bicycles the decal shall be affixed to the upright post attached to the sprocket facing in the forward direction. On mopeds the decal shall be affixed to the lower portion of the rear fender facing rearward. Upon initial registration by an owner or transferee, the director of finance shall require proof of ownership and require the owner to furnish verification of the serial number and description contained in the proof of ownership and application for registration. The metallic tags or decals shall be in a form as the director of finance shall from time to time prescribe. It shall be the duty of the director of finance of each county to purchase a sufficient number of these tags or decals.

(c) All fees for the registration of a moped shall be waived if the owner submits proof to the director of finance that the owner has elected to wear a safety helmet when operating a moped, pursuant to section 286- .

[~~(c)~~] (d) All fees collected under this section shall be deposited into the bikeway fund and shall be expended in the county in which the fees are collected as provided in section 249-17.5."

SECTION 3. Section 291C-195, Hawaii Revised Statutes, is amended to read as follows:

"§291C-195 Driving of mopeds[.]; penalty. (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. 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.

(f) Any person who fails to wear a safety helmet as required under subsection (a) shall be subject to a citation by a law enforcement officer and shall be subject to a fine of not less than $100 nor more than $1,000, thirty days' imprisonment, a one year driver's license suspension, or any combination thereof, for each violation.

All fines collected under this subsection shall be paid to the county in which the fine was imposed and shall be expended by the county for law enforcement purposes."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Transportation; Mopeds; Helmets; License; Penalties

Description:

Requires applicants for category 1 (moped) licenses to designate whether the applicant elects to wear a safety helmet with a chin strap at all times when operating the moped. Requires licenses to bear the indication of the election. Waives moped registration fees for moped owners who elect to wear safety helmets securely fastened with a chin strap. Requires all operators of mopeds to wear a safety helmet securely fastened with a chin strap. Establishes penalties for not wearing a safety helmet securely fastened with a chin strap while operating a moped.

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