REPORT TITLE: 
Pickup trucks
DESCRIPTION:
Establishes a ban on riding in the cargo areas of pickup trucks.

 
HB HMIA 99-199-3
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.132        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO A BAN ON RIDING IN CARGO AREAS OF PICKUP TRUCKS.



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


 1      SECTION 1.  Every year in Hawaii, people die or are
 
 2 seriously injured while riding in the open beds of pickup trucks.
 
 3 These open beds are not designed for human transportation, and
 
 4 lack seat belts and other safety features.  In 1996 the
 
 5 legislature enacted a law to prohibit children under 13 from
 
 6 riding in pickup beds.
 
 7      The intent of this Act is to protect all passengers--adults
 
 8 and children alike--from riding in the cargo area of a pickup
 
 9 truck.    
 
10      SECTION 2.  Section 291-14, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§291-14  Pickup trucks; passenger restrictions.(a)  No
 
13 person shall stand in the bed or load-carrying area of any motor
 
14 vehicle commonly known as a pickup truck while the vehicle is in
 
15 operation.  No operator of any pickup truck shall operate the
 
16 vehicle with a passenger seated in the bed or load-carrying area
 
17 of the vehicle [unless:
 
18      (1)  There is no seating available in the cab of the
 
19           vehicle;
 

 
HB HMIA 99-199-3
Page 2                                                     
                                     H.B. NO.132        
                                                        
                                                        

 
 1      (2)  The side racks of the vehicle are securely attached and
 
 2           the tailboard or tailgate is securely closed;
 
 3      (3)  Every passenger in the bed or load-carrying area of the
 
 4           vehicle is seated on the floor and does not attempt to
 
 5           control unlashed cargo.
 
 6      (b)  This section shall not apply to persons or corporations
 
 7 operating a business or businesses that serve the public, who or
 
 8 which are subject to the jurisdiction, supervision, and
 
 9 regulations prescribed by state agencies or departments nor to
 
10 their agents or employees when engaged in the business of such
 
11 persons or corporations.
 
12      (c)  No operator of any pickup truck may operate the vehicle
 
13 with any passenger twelve years of age or under in the bed or
 
14 load-carrying area of the vehicle,] unless one of the following
 
15 applies:
 
16      (1)  An emergency exists that threatens the life of the
 
17           passenger being transported in the bed or load-carrying
 
18           area of the vehicle; or
 
19      (2)  The vehicle is being operated in parades, caravans, or
 
20           exhibitions which are officially authorized or
 
21           otherwise permitted by law.
 
22      [(d)](b)  Any person who violates this section shall be
 
23 subject to a fine of [$25] for each violation.[; provided that
 

 
HB HMIA 99-199-3
Page 3                                                     
                                     H.B. NO.132        
                                                        
                                                        

 
 1 any person who violates subsection (c) shall be subject to a fine
 
 2 of $50 for each separate violation.
 
 3      (e)](c)  As used in this section, "pickup truck" means a
 
 4 light truck that has a cab on the front part of the vehicle
 
 5 covering the driver's seat and an open bed behind the cab
 
 6 designed primarily to transport property or cargo, with sides and
 
 7 a tailgate to retain the contents within the confines of the bed,
 
 8 and has a maximum gross vehicle weight rating (GVWR) of 11,000
 
 9 pounds or less."
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 
13 
 
14                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-199-3