Bill Text: HI SB178 | 2017 | Regular Session | Introduced

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Bill Title: Relating To Safety Helmets.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2017-01-20 - Referred to TRE, JDL. [SB178 Detail]

Download: Hawaii-2017-SB178-Introduced.html

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THE SENATE	S.B. NO.	178
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SAFETY HELMETS.

 

 

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:

     "(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)  A safety helmet securely fastened with a chin strap;

       [(A)]  (B)  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)]  (C)  Any other protective devices, [other than a safety helmet,] required by 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 rules adopted by the director;

     (2)  Lease or rent a motorcycle or motor scooter to another person unless the person furnishes:

         (A)  A safety helmet with a chin strap to securely fasten the helmet;

       [(A)]  (B)  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)]  (C)  Any other protective devices required by 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 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.

     (c)] (b)  A safety helmet shall not be required for any person who operates or rides as a passenger on a motorcycle or motor [scooter; provided that] scooter if the motorcycle 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 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 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 as a passenger on 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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Safety Helmets; Motorcycle; Motor Scooter; Moped

 

Description:

Requires safety helmets to be worn by drivers and passengers of motorcycles, motor scooters, and mopeds, regardless of age.

 

 

 

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