REPORT TITLE:
Helmets


DESCRIPTION:
Requires minors to wear approved safety helmets when riding
bicycles or using in-line skates or skateboards on streets,
bikeways, or any other public bicycle path or trail.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            276         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HELMETS. 


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 be appropriately designated
 
 3 and to read as follows:
 
 4      "§291C-      Helmets.  (a)  A person under eighteen years of
 
 5 age shall not operate a bicycle, use in-line skates, or use a
 
 6 skateboard upon a street, bikeway, or any other public bicycle
 
 7 path or trail unless that person is wearing a properly fitted and
 
 8 fastened helmet that meets the Snell Memorial Foundation's
 
 9 Standard for Protective Headgear for Use in Non-motorized Sports
 
10 (N-94).
 
11      (b)  A violation of this section is punishable by a fine of
 
12 not more $25 for each separate offense.  Each day of violation
 
13 shall constitute a separate offense.  Any action taken to impose
 
14 or collect the penalty provided for in this subsection shall be
 
15 considered a civil action.  The minor's parent or guardian shall
 
16 be responsible for payment of the full amount of any fine
 
17 imposed.
 
18      (c)  In the case of a first fine imposed under this section,
 
19 the court may waive the fine upon satisfactory proof that the
 

 
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 1 minor, since the date of the violation, has purchased or
 
 2 otherwise obtained, as appropriate, a safety helmet and uses and
 
 3 intends to use the safety helmet whenever required under this
 
 4 section.
 
 5      (d)  Any violator of this section shall have no right to sue
 
 6 a county or the State for injuries received as a result of the
 
 7 violator's failure to use a safety helmet in compliance with this
 
 8 section."
 
 9      SECTION 2.  Section 291C-1, Hawaii Revised Statutes, is
 
10 amended by adding two new definitions to be appropriately
 
11 inserted and to read as follows:
 
12      ""In-line skates" means devices designed to be worn on the
 
13 feet, propelled solely by human power, with three or more wheels
 
14 in a line.
 
15      "Skateboard" means a device made of a narrow board with
 
16 wheels mounted to the front and back on the underside, propelled
 
17 solely by human power."
 
18      SECTION 3.  This Act does not affect the rights and duties
 
19 that matured, penalties that were incurred, and proceedings that
 
20 were begun, before its effective date.
 
21      SECTION 4.  New statutory material is underscored.
 

 
 
 
 
 
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 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________