Bill Text: HI SB484 | 2013 | Regular Session | Introduced
Bill Title: Motorcycle Helmets; Motor Scooter Helmets; License
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2013-02-12 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB484 Detail]
Download: Hawaii-2013-SB484-Introduced.html
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THE SENATE |
S.B. NO. |
484 |
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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. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section 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 (2) applicants to designate whether the applicant elects to wear a safety helmet securely fastened with a chin strap at all times when operating a motorcycle or motor scooter. 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 249-13, Hawaii Revised Statutes, is amended to read as follows:
"§249-13 Determination of rate.
(a) The council shall determine the rate and the minimum tax at which all
vehicles and motor vehicles in each respective county shall be taxed as
provided by section 249-2. In making the determination, the rate and minimum
tax on trucks or noncommercial motor vehicles shall be in accordance with
subsection (b)[.], and the rate and minimum tax on motorcycles and
motor scooters shall be in accordance with subsection (c). The rate and
minimum tax shall be established by ordinance, provided that prior to final
action thereon a public hearing shall be held on the proposed rate. Public
notice of the time and place of the hearing shall be given at least ten days
prior to the hearing in the county. After the public hearing the council may
fix the rate and the minimum tax at any amount deemed necessary, but the rate
and the minimum shall not be higher than that originally proposed when the
notice of public hearing was given. Any rate and minimum tax so established
shall be effective as of January 1 of the year following the date of enactment
of the ordinance.
(b) The rate and minimum tax for a truck or noncommercial motor vehicle shall be the same as provided for a passenger vehicle if:
(1) The truck or noncommercial motor vehicle has a net weight of six thousand five hundred pounds or less; and
(2) The owner submits proof to the director of finance that the truck or noncommercial motor vehicle is not being operated for compensation or commercial purposes.
(c) The rate and minimum tax for a motorcycle or motor scooter shall be:
(1) The same as provided for a passenger vehicle if the owner submits proof to the director of finance that the owner has elected to wear a safety helmet, pursuant to section 286- ; or
(2) Double the amount prescribed under subsection (a) for motor vehicles if the owner cannot submit proof to the director of finance that the owner has elected to wear a safety helmet, pursuant to section 286- .
[(c)] (d) Any person who submits
proof under subsection (b) or (c) to the director of finance knowing
that it is false shall be guilty of a petty misdemeanor."
SECTION 3. Section 286-81, Hawaii Revised Statutes, is amended by amending subsection (a) 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) 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) Any other protective devices, other than a
safety helmet, required by rules adopted by the director[.];
provided that a category (2) licensed driver who has indicated the election to wear a safety helmet, pursuant to section 286- , shall be required to wear a safety helmet at all times when operating a motorcycle or motor scooter. 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;
(2) Lease or rent a motorcycle or motor scooter to another person unless the person furnishes:
(A) 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) 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."
SECTION 4. Section 286-82, Hawaii Revised Statutes, is amended to read as follows:
"§286-82 Penalty. (a)
Whoever violates this part shall be fined not more than $1,000[.],
except as provided in subsection (b).
(b) Any person who violates section 286-81(a)(1) shall be subject to a citation by the police 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."
SECTION 5. Section 286-111, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Every application for an instruction permit, provisional license, or driver's license shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer the oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county, and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license. The council of each county shall determine an additional fee, which shall be double the amount prescribed under this subsection for an application for a driver's license, if the applicant does not elect, on the application, to wear a safety helmet securely fastened with a chin strap at all times when operating a motorcycle or motor scooter. All of the foregoing fees shall become county realizations."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Motorcycle Helmets; Motor Scooter Helmets; License
Description:
Requires applicants for category 2 (motorcycle and motor scooter) licenses to designate whether the applicant elects to wear a safety helmet with a chin strap at all times when operating the vehicle. Requires licenses to bear the indication of the election. Clarifies rate and minimum rate of tax on motorcycles and motor scooters for owners of motorcycles and motor scooters who elect to wear safety helmets. Requires category 2 licensed drivers who elect to wear safety helmets to wear safety helmets at all times. Clarifies penalties for failure to wear safety helmet for drivers electing to wear safety helmet. Specifies that motor vehicle weight tax shall be double the prescribed amount of the motor vehicle weight tax if driver does not indicate election to wear safety helmet on application. Specifies that the council shall determine an additional fee to the license application fee that shall be double the amount of the prescribed license application fee if driver does not indicate election to wear safety helmet on application.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
