Report Title:

Safety helmets

Description:

Mandates the use of safety helmets by motorcycle operators, moped operators, and bicycle riders.

HOUSE OF REPRESENTATIVES

H.B. NO.

1699

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SAFETY helmets.

 

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

SECTION 1. The purpose of this Act is to mandate the use of safety helmets for motorcycle, moped, and motor scooter operators and bicyclists in the State regardless of age. The legislature finds that a Department of Transportation study performed at 120 different sites throughout the State found that moped helmet use statewide is only 15.6% and that motorcycle helmet use is 26.4%. The legislature also finds that nationwide statistics show that a motorcyclist is 16 times more likely to perish in an accident than an automobile driver, and that head injuries are the leading cause of death in motorcycle accidents with unhelmeted riders 40% more likely to sustain a fatal head injury. The legislature also finds that unhelmeted motorcycle accident victims have higher health care costs compared to helmeted riders.

The legislature also finds that nearly half of the severe injuries resulting from bicycle crashes nationwide are diagnosed as traumatic brain injury (TBI). For the year 2000, that means more than 4,250 of the estimated 9,000 children ages 14 and under that were hospitalized for bike-related injuries suffered a TBI, possibly causing serious long term degradation in quality of life. Sadly, those statistics also show that older children are more likely to suffer a TBI, likely from decreased helmet usage.

The legislature further finds that bicycle safety helmets reduce the risk of head injury by as much as 85% and the risk of brain injury by as much as 88% and that 75% of the bicycle-related fatalities among children could have been prevented by a bicycle safety helmet.

The legislature is also cognizant of the arguments from many motorcycle, motor scooter, and moped riders as to the "freedom of choice" that these riders have in choosing whether or not to wear a helmet when riding. The spirit and attraction of the free spirited American motorcycle rider as embodied in such films as "Easy Rider" or countless other television shows over the years is also recognized as part of the pleasure of riding. The legislature is also aware of similar feelings from the bicycling community.

There are very real costs to society, however, when this "freedom of choice" is exercised. Taxpayers, including riders who choose to exercise personal responsibility for the safety of themselves to the greatest extent possible, subsidize the health care costs of those unhelmeted accident victims through taxpayer dollars. Health care insurance for all is increased because of the higher health care costs that unhelmeted accident victims incur. Taxpayers also have to bear additional costs of programs intended to help unhelmeted accident survivors such as the Neurotrauma Special Fund and Advisory Board established by Act 160, Session Laws of Hawaii 2002. Businesses, taxpayers, and the State as a whole, suffer when traffic is shut down due to a traffic fatality, which is a statistically higher probability when the accident involves an unhelmeted rider. Last, and most important of all, is the grief caused to the loved ones of an unhelmeted accident victim when the inevitable thought of whether a safety helmet would have saved their loved one enters their minds. A safety helmet very well could have, as statistics show that more likely than not a safety helmet could have saved their lives. Mandating the wearing of safety helmets when riding or operating these vehicles is a relatively small sacrifice of personal liberty to help prevent tragedies to our families and our community.

SECTION 2. Section 286-81, Hawaii Revised Statutes, is amended to read as follows:

"PART IV. SAFETY EQUIPMENT

§286-81 Motorcycle, motor scooter, etc.; protective devices. (a) No person shall:

(1) Operate a motorcycle, moped, 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) A safety helmet securely fastened with a chin strap; and

[(B)] (C) Any other protective devices[, other than a safety helmet,] required by rules adopted by the director.

For the purpose 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, moped, 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) A safety helmet; and

[(B)] (C) 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, moped, or motor scooter; provided that any person to whom a motorcycle, moped, 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.

(b) No person less than eighteen years of age shall operate or ride as a passenger on a motorcycle, moped, or motor scooter on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap.

(c) A safety helmet shall not be required for any person who operates or rides as a passenger on a motorcycle or motor scooter; provided that the motorcycle or motor scooter:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6."

SECTION 3. Section 291C-150, Hawaii Revised Statutes, is amended to read as follows:

"[§291C-150] Bicycle helmets. (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 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.

(c) A violation of this section is punishable by a fine of not more than $25. The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the amount of the fine imposed pursuant to this section.

(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 state general fund."

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:

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