REPORT TITLE:
Motorcycles


DESCRIPTION:
Establishes the good faith defense for motorcycle and motor
scooter insurance violations.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2148
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MOTORCYCLE AND MOTOR SCOOTER INSURANCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 431:10G-108, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "431:10G-108  Penalties.  Any person who violates this
 
 4 article shall be subject to a citation by the police and shall be
 
 5 subject to a nonsuspendable fine of not less than $100 nor more
 
 6 than $1,000, thirty days imprisonment, a one year driver's
 
 7 license suspension, or any combination thereof, for each
 
 8 violation.
 
 9      Any person cited under this section shall have an
 
10 opportunity to present a good faith defense, including but not
 
11 limited to lack of knowledge or proof of insurance.  The general
 
12 penalty provision of this section shall not apply to:
 
13      (1)  Any operator of a motorcycle or motor scooter owned by
 
14           another person if the operator's own insurance covers
 
15           such driving;
 
16      (2)  Any operator of a motorcycle or motor scooter owned by
 
17           that person's employer during the normal scope of that
 
18           person's employment; or
 
19      (3)  Any operator of a borrowed motorcycle or motor scooter
 

 
Page 2                                                     2148
                                     H.B. NO.           
                                                        
                                                        

 
 1           if the operator holds a reasonable belief that the
 
 2           subject vehicle is insured."
 
 3      SECTION 2.  New statutory material is underscored.
 
 4      SECTION 3.  This Act shall take effect upon its approval.
 
 5 
 
 6                       INTRODUCED BY:  ___________________________