Report Title:

Mandatory helmets for motorcycles

Description:

Requires motorcycle and motor scooter riders and passengers to wear helmets.

THE SENATE

S.B. NO.

2082

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO HIGHWAY SAFETY.

 

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

SECTION 1. The Legislature declares that the State of Hawaii has a responsibility and an interest in maximizing safety on the public highways in order to protect the lives of its citizens. The Legislature finds that, during the years 1968 to 1977, when motorcycle helmets were mandatory in Hawaii, motorcycle fatalities decreased dramatically, and that motorcycle fatalities have increased significantly since helmets again became optional for motorcycle riders. The Legislature recognizes that motorcyclists who are involved in accidents are much more likely to suffer severe injuries if they are not wearing a helmet. Therefore, the Legislature finds that its interest in maximizing safety on the highways will be served by returning motorcycle helmets to mandatory status. The purpose of this Act is to require motorcycle and motor scooter riders and passengers to wear helmets.

SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§286- Safety helmets; rules. The director shall adopt rules, subject to the requirements of chapter 91, establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motor scooters, as the director determines are necessary for the safety of those drivers and passengers. The rules shall include, but are not limited to, the requirements imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include compliance with that federal standard by incorporation of its requirements by reference. Each helmet sold or offered for sale for use by drivers and passengers of motorcycles and motor scooters shall be conspicuously labeled in accordance with the federal standard which shall constitute the manufacturer's certification that the helmet conforms to the applicable federal motor vehicle safety standards."

SECTION 3. 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 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; and

(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 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 for the operator and for any passenger the operator carries on the motorcycle or motor scooter; and

(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 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 for use by a driver or passenger of a motorcycle or motor scooter, any safety helmet which is not of a type meeting requirements established by the rules adopted by the director; or

(4) 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 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.]

(b) For the purposes of this section, "wear a safety helmet" means having a safety helmet meeting the requirements of section 286- on the person's head that is fastened with the helmet straps and that is of a size that fits the person's head securely without excessive lateral or vertical movement.

(c) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration, and if the vehicle has a seat belt assembly or a child restraint system for the driver and passenger, and the operator and any passengers use the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6."

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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