THE SENATE

S.B. NO.

1409

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PROTECTIVE DEVICES FOR MOTORCYCLES, MOTOR SCOOTERS, AND MOPEDS.

 

 

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

 


SECTION 1. Section 286-81, Hawaii Revised Statutes, is amended to read as follows:

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

(1) 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]

(2) A safety helmet securely fastened with a chin strap, and

[(2)] (3) 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 subsection, a required device shall meet the specifications and requirements established by rules adopted by the director.

(b) Notwithstanding subsection (a) and section 291C-195, no person shall operate a moped or motor scooter leased from a rental company on any roadway in the State unless the person wears a safety helmet, which shall be provided by the rental company unless the person provides the person's own safety helmet; provided that this subsection shall not apply to persons who possess a valid license under this chapter to operate a motorcycle or an equivalent license issued from another state. To meet the requirements of this subsection, the safety helmet shall meet the specifications and requirements established by rules adopted by the director.

(c) In addition to the requirements of subsection (b), no person shall lease or rent a motorcycle or motor scooter to another person unless the person furnishes:

(1) Safety glasses, goggles, or a face shield, in the case of a motorcycle or motor scooter that is not equipped with a windscreens or windshields; [and]

(2) A safety helmet that has a chin strap; provided that any person to whom a motorcycle or motor scooter is leased or rented may furnish a safety helmet for the person's own use; and

[(2)] (3) 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 subsection, a required device shall meet the specifications and requirements established by rules adopted by the director.

(d) No person shall sell, 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.

[(e) 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.

(f) A] (e) Notwithstanding subsection (a) to the contrary, 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)] (2) Has a roll bar, roll cage, or full body enclosed cab; and

[(4)] (3) Has a seat belt assembly or a child restraint system for the driver and the 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 2. Section 291C-195, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding section 286-81(b), no person:

(1) Less than fifteen years of age shall drive a moped on a highway, street, roadway, or any other public property in the State; and

(2) [Less than eighteen years of age shall] Shall drive a moped 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."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Highway Safety; Safety Equipment; Protective Devices; Motorcycles, Motor Scooters, and Mopeds

 

Description:

Requires operators and passengers of motorcycles, motor scooters, to wear a helmet secured by a chin strap. Requires operators of a moped to wear a helmet with a chin strap.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.