Bill Text: HI SB340 | 2014 | Regular Session | Introduced
Bill Title: Transportation; Safety; Seat Belts
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB340 Detail]
Download: Hawaii-2014-SB340-Introduced.html
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THE SENATE |
S.B. NO. |
340 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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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. In July 2012, twenty year old Christine Laeda was a back seat passenger in a car that was involved in an accident with another vehicle. Ms. Laeda, who was fatally injured, was not wearing her seat belt at the time of the accident. The legislature finds that senseless loss of life may be reduced if all passengers, regardless of seating position, are required to wear a seat belt or child passenger restraint.
According to the National Highway Traffic Safety Administration, seat belt use in rear seats is higher in states with laws requiring seat belt use in all seating positions. At least twenty-one states have laws that require seat belt use by occupants of motor vehicles regardless of seating position. Hawaii law currently requires rear seat passengers between the ages of eight and fourteen to wear a seat belt and children under eight years of age to be properly restrained.
In addition, a study conducted by Tokyo University found that even drivers and front seat passengers who wear seat belts have five times the risk of dying in a car crash if the rear seat passengers are not wearing seatbelts. This study also found that in head-on collisions the risk of dying for front seat occupants increased six or seven times if the rear passengers were not wearing seatbelts. The study found that during a car accident at thirty miles per hour, a typical rear seat passenger is flung forward at thirty miles per hour with a force of three tons. This force is enough to crush the driver or front seat passenger. The study found that unrestrained rear seat passengers posed the biggest threat to drivers and front seat passengers. The study concluded that all passengers should wear seatbelts not only for their own protection but for the protection of the other occupants.
The purpose of this Act is to require that all passengers in the front or back seat of a motor vehicle be restrained by a seat belt or child passenger restraint.
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[:
(1) Shall] 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 if [between the ages of eight and
fourteen,] eight years of age or more, or are restrained pursuant to
section 291‑11.5 if under eight years of age[;
(2) If fifteen years of age or more shall
be a passenger in the front seat of a motor vehicle being operated upon any
public highway unless such person is restrained by a seat belt assembly; and
(3) If between the ages of fifteen and
seventeen, shall be a passenger in the back seat of a motor vehicle being
operated upon any public highway unless such person is restrained by a seat
belt assembly].
As used in this section:
"Restrained" means that the seat belt assembly is worn as it was designed and intended to be worn.
"Seat belt assembly" means the seat belt assembly that is required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless original replacement seat belt assemblies are not readily available. If replacement assemblies are not readily available, seat belts of federally approved materials with similar protective characteristics may be used. Such replacement seat belt assemblies shall be permanently marked by the belt manufacturer indicating compliance with all applicable federal standards."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Transportation; Safety; Seat Belts
Description:
Amends section 291-11.6, Hawaii Revised Statutes, to require that all passengers in the front or back seat of a motor vehicle be restrained by a seat belt 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.
