THE SENATE |
S.B. NO. |
828 |
TWENTY-SIXTH LEGISLATURE, 2011 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO HELMET USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XIV be appropriately designated and to read as follows:
"§291C‑ Motorcycle helmets. No person shall operate a motorcycle or ride as a passenger on a motorcycle upon a street or highway, unless that person is wearing a properly fitted and fastened motorcycle helmet that is approved in accordance with the standards of the Federal Motor Carrier Safety Administration, 49 Code of Federal Regulations Section 571.218.
(b) A person who provides motorcycles for hire shall not rent a motorcycle to any person unless that person is wearing a motorcycle helmet approved, as required in subsection (a).
(c) A violation of this section is punishable by a fine of not more than $ .
(d) Notwithstanding any law to the contrary, the fines collected for a violation of this section shall be paid into the state treasury to the credit of the general fund."
SECTION 2. Section 291C-150, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) No person [under sixteen years of
age] shall operate a bicycle upon a street, bikeway, or any other public
property unless that person is wearing a properly fitted and fastened bicycle
helmet that has been tested by a nationally recognized agency such as the
National Highway Traffic Safety Administration, the National Safety Council, or
the Children's Safety Network, and is designed to fit the user and protect
against head trauma. This requirement also applies to a person who rides upon
a bicycle while in a restraining seat that is attached to the bicycle or who
rides in a trailer towed by the bicycle.
(b) A person who provides bicycles for hire
shall not rent a bicycle to any person unless [every] that person
[who is under age sixteen] is wearing a bicycle helmet, as required in
subsection (a), while operating the rented bicycle, occupying a restraining
seat that is attached to the rented bicycle, or riding in a trailer towed by
the rented bicycle."
SECTION 3. 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 a three-wheeled moped or ride a moped or a three-wheeled
moped as a passenger 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.] properly
fitted and fastened motorcycle helmet that is approved in accordance with the
standards of the Federal Motor Carrier Safety Administration, 49 Code of
Federal Regulations Section 571.218."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
_____________________________ |
|
|
Report Title:
Helmets
Description:
Requires helmet use for bicycles, mopeds, and motorcycles.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.