Bill Text: HI SB168 | 2010 | Regular Session | Introduced
Bill Title: All-Terrain Vehicles; Mandatory Helmet Use
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB168 Detail]
Download: Hawaii-2010-SB168-Introduced.html
Report Title:
All-Terrain Vehicles; Mandatory Helmet Use
Description:
Requires persons aged eighteen or younger to wear a helmet while operating an all-terrain vehicle on public property. Provides fines for violations.
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THE SENATE |
S.B. NO. |
168 |
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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 TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291C, part XIII, Hawaii Revised Statutes, is amended by amending its title to read:
"PART
XIII. OPERATION OF BICYCLES [AND], PLAY VEHICLES, AND
ALL-TERRAIN VEHICLES"
SECTION 2. Chapter 291C, part XIII, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291C- Helmet required for all-terrain vehicles. (a) No person eighteen years of age or younger shall operate an all‑terrain vehicle on a public street, sidewalk, park, beach, trail, or any other public property unless the person wears a helmet securely fastened with a chin strap and designed for use by motorcyclists and other motor vehicle users. The helmet shall conform to Federal Motor Vehicle Safety Standard 218, title 49, Code of Federal Regulations Section 571.218.
(b) Any registered owner of an all-terrain vehicle who allows a person to operate the all-terrain vehicle in violation of this section shall be subject to a fine of $1,000 for each separate offense.
(c) A person may not bring any action against a county or the State for damages caused by the person's failure to use a helmet in violation of this section.
(d) Fines collected under this section shall be paid into the neurotrauma special fund."
SECTION 3. Section 286-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""All-terrain vehicle" means any motorized vehicle manufactured and used primarily for off-highway use that is fifty inches or less in width, with an unladen dry weight of six hundred pounds or less, traveling on three, four, or more low pressure tires, with a seat designed to be straddled by the operator and handlebars for steering control."
SECTION 4. Section 286-2, Hawaii Revised Statutes, is amended by amending the definitions of "motor vehicle" and "vehicle" to read as follows:
""Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes a moped. An all-terrain vehicle is a motor vehicle for purposes of this chapter.
"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power or devices used exclusively upon stationary rails or tracks and mopeds. An all-terrain vehicle is a vehicle for purposes of this chapter."
SECTION 5. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""All-terrain vehicle" shall have the same meaning as defined in section 286-2."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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