Report Title:

Motorized Vehicles in Public Hunting Areas

Description:

Allows the use of all-terrain vehicles in public hunting areas.

THE SENATE

S.B. NO.

1217

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC HUNTING AREAS.

 

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

SECTION 1. All-terrain vehicles, otherwise known as ATVs, allow the operator to maneuver through challenging terrain. Due to their relatively lighter weights than other four-wheeled vehicles, their impact on the environment can be minimal. The purpose of this Act is to allow all-terrain vehicles access to public hunting areas, with provisions aimed at minimizing the impact upon the environment and helping to ensure the safety of the vehicles' operators and others.

SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183D-   All-terrain vehicles in public hunting areas. (a) The operation of an all-terrain vehicle shall be allowed in all public hunting areas, provided:

(1) The vehicle is insured by liability insurance to the extent required by law;

(2) The vehicle is operated at speeds at or less than fifteen miles per hour;

(3) The vehicle is operated only within existing roads or trails upon which motor vehicles may be operated;

(4) No weapons shall be discharged while operating the vehicle; and

(5) The operator of the vehicle has no actual or constructive knowledge that there are any endangered species, as defined in section 195D-2, within a one-mile radius.

(b) Operation of an all-terrain vehicle in violation of this section is a misdemeanor.

(c) For the purposes of this section, "all-terrain vehicle" means a small, open motor vehicle having one seat and three or more wheels fitted with large tires, designed mainly for recreational use off-road over rugged terrain."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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