REPORT TITLE:
Bicycles; Helmets


DESCRIPTION:
Requires bicycle riders under 18 to wear a bicycle helmet.
(HB1763 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1763 
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BICYCLES.



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

 1      SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to part XIII to be appropriately
 
 3 designated and to read as follows:
 
 4      "§291C-     Bicycle helmets.  (a)  No person under eighteen
 
 5 years of age shall operate a bicycle upon a street, bikeway, or
 
 6 any other public property unless that person is wearing a
 
 7 properly fitted and fastened bicycle helmet that has been tested
 
 8 by a nationally recognized agency such as the National Highway
 
 9 Traffic Safety Administration, the National Safety Council, or
 
10 the Children's Safety Network and is designed to fit the user and
 
11 protect against head trauma.  This requirement also applies to a
 
12 person who rides upon a bicycle while in a restraining seat that
 
13 is attached to the bicycle or who rides in a trailer towed by the
 
14 bicycle.
 
15      (b)  A violation of this section is punishable by a fine of
 
16 not more than $25, which can be waived upon proof of purchase of
 
17 a helmet as described in subsection (a); provided that the helmet
 
18 was purchased on or within ten days after the date of the
 
19 citation.  The parent or legal guardian having control or custody
 

 
Page 2                                                     1763 
                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 of an unemancipated minor whose conduct violates this section
 
 2 shall be jointly and severally liable with the minor for the
 
 3 amount of the fine imposed pursuant to this section.
 
 4      (c)  Notwithstanding any law to the contrary, the fines
 
 5 collected for a violation of this section shall be paid into the
 
 6 state treasury to the credit of the state general fund.
 
 7      (d)  A person who provides bicycles for hire shall not rent
 
 8 a bicycle to a person unless every person who is under age
 
 9 eighteen and will ride, occupy a restraining seat that is
 
10 attached to the bicycle, or ride in a trailer towed by the
 
11 bicycle, is wearing a bicycle helmet as described in subsection
 
12 (a)."
 
13      SECTION 2.  This Act does not affect rights and duties hat
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION 3.  New statutory material is underscored.
 
17      SECTION 4.  This Act shall take effect on January 1, 2001.