Bill Text: HI SB345 | 2016 | Regular Session | Amended
Bill Title: Pickup Truck; Passengers; Liability
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-21 - Re-Referred to TRE, JDL. [SB345 Detail]
Download: Hawaii-2016-SB345-Amended.html
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THE SENATE |
S.B. NO. |
345 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PASSENGERS RIDING IN BED OF PICKUP TRUCKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291-14, Hawaii Revised Statutes, is amended to read as follows:
"§291-14 Pickup trucks;
passenger restrictions[.]; liability. (a) No person shall
stand in the bed or load-carrying area of any motor vehicle commonly known as a
pickup truck while the vehicle is in operation. No operator of any pickup
truck shall operate the vehicle with a passenger seated in the bed or
load-carrying area of the vehicle unless:
(1) There is no seating available in the cab of the vehicle;
(2) The side racks of the vehicle are securely attached and the tailboard or tailgate is securely closed; and
(3) Every passenger in the bed or load-carrying area of the vehicle is seated on the floor and does not attempt to control unlashed cargo.
(b) This section shall not apply to persons or corporations operating a business or businesses that serve the public, who or which are subject to the jurisdiction, supervision, and regulations prescribed by state agencies or departments nor to their agents or employees when engaged in the business of such persons or corporations.
(c) No operator of any pickup truck may
operate the vehicle with any passenger [twelve] under eighteen
years of age [or under] in the bed or load-carrying area of the vehicle,
unless one of the following applies:
(1) An emergency exists that threatens the life of the passenger being transported in the bed or load-carrying area of the vehicle; or
(2) The vehicle is being operated in parades, caravans, or exhibitions which are officially authorized or otherwise permitted by law.
(d) Any passenger in the bed or load-carrying area of a pickup truck shall be deemed to have assumed the risk of injury or death as a result of an accident or injury occurring while the vehicle is in operation.
[(d)] (e) Any person who violates
this section shall be subject to a fine of $25 for each violation; provided
that any person who violates subsection (c) shall be subject to a fine of $50
for each separate violation.
[(e)] (f) As used in this
section, "pickup truck" means a light truck that has a cab on the
front part of the vehicle covering the driver's seat and an open bed behind the
cab designed primarily to transport property or cargo, with sides and a
tailgate to retain the contents within the confines of the bed, and has a maximum
gross vehicle weight rating (GVWR) of 11,000 pounds or less."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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.
Report Title:
Pickup Truck; Passengers; Liability
Description:
Raises the age of passengers permitted to ride in the bed of a pickup truck under certain conditions from twelve to under eighteen. Deems passengers in the bed of a pickup truck to have assumed the risk of injury or death from an accident or injury occurring while the vehicle is in operation. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
