REPORT TITLE:
Passenger Safety


DESCRIPTION:
Requires use of seat belts in the back seat for individuals under
age 18.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           671
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PASSENGER SAFETY.
 


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

 1      SECTION 1.  The legislature finds that media coverage
 
 2 stressing the danger that passenger side air bags pose to
 
 3 children riding in the front seat may actually increase injuries
 
 4 to Hawaii's children since there is no corresponding mandatory
 
 5 seat belt law for back seat passengers.  The legislature thus
 
 6 recognizes that having children ride in the back seat without
 
 7 requiring that they use seat belts leaves them vulnerable to
 
 8 injury.
 
 9      The purpose of this Act is to increase the safety of
 
10 Hawaii's children by amending Hawaii's seat belt law to reflect
 
11 National Highway Traffic Safety Administration (NHTSA)
 
12 recommendations.
 
13      SECTION 2.  Section 291-11.6, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  Except as otherwise provided by law, no person:
 
16      (1)  Shall operate a motor vehicle upon any public highway
 
17           unless the person is restrained by a seat belt assembly
 
18           and any passengers in the front [seat] and back seats
 
19           of the motor vehicle are restrained by a seat belt
 

 
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 1           assembly, if between the ages of four and [fifteen]
 
 2           seventeen, or are restrained pursuant to section
 
 3           291-11.5, if under the age of four;
 
 4      (2)  If [fifteen] eighteen years of age or more, shall be a
 
 5           passenger in the front seat of a motor vehicle being
 
 6           operated upon any public highway unless [such] the
 
 7           person is restrained by a seat belt assembly.
 
 8      As used in this section "seat belt assembly" means the seat
 
 9 belt assembly required to be in the motor vehicle under any
 
10 federal motor vehicle safety standard issued pursuant to Public
 
11 Law 89-563, the federal National Traffic and Motor Vehicle Safety
 
12 Act of 1966, as amended, unless original replacement seat belt
 
13 assemblies are not readily available.  If replacement assemblies
 
14 are not readily available, seat belts of federally approved
 
15 materials with similar protective characteristics may be used.
 
16 Such replacement seat belt assemblies shall be permanently marked
 
17 by the belt manufacturer, indicating compliance with all
 
18 applicable federal standards."
 
19      SECTION 3.  This Act does not affect rights and duties that
 
20 matured, penalties that were incurred, and proceedings that were
 
21 begun, before its effective date.
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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                                     S.B. NO.           671
                                                        
                                                        

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