Report Title:

Toy Vehicles; Helmets

 

Description:

Requires persons under 16 years of age to wear helmets when operating scooters or skateboards. Prohibits clinging to vehicles while riding on scooters or skateboards. Allows counties to regulate persons riding scooters and skateboards on streets and highways under their jurisdiction.

HOUSE OF REPRESENTATIVES

H.B. NO.

121

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to TOY VEHICLES.

 

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

SECTION 1. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Scooter" means a device propelled by muscular power which consists of a footboard between end wheels and is controlled by an upright steering handle attached to a front wheel."

SECTION 2. Section 291C-144, Hawaii Revised Statutes, is amended to read as follows:

"§291C-144 Clinging to vehicles. No person riding upon any scooter, skateboard, coaster, roller skates, sled, or toy bicycle or other toy vehicle shall attach it or oneself to any vehicle upon a roadway, and no person riding a bicycle or moped upon any roadway shall attach the bicycle or moped or oneself to any vehicle other than the one the person is riding."

SECTION 3. Section 291C-150, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) No person under sixteen years of age shall operate a bicycle, scooter, or skateboard upon a street, bikeway, or any other public property unless that person is wearing a properly fitted and fastened bicycle helmet that has been tested by a nationally recognized agency such as the National Highway Traffic Safety Administration, the National Safety Council, or the Children's Safety Network, and is designed to fit the user and protect against head trauma. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle.

(b) A person who provides bicycles for hire shall not rent a bicycle to any person unless every person who is under age sixteen is wearing a bicycle helmet, as required in subsection (a), while operating the rented bicycle, occupying a restraining seat that is attached to the rented bicycle, or riding in a trailer towed by the rented bicycle. A person who provides scooters for hire shall not rent a scooter to or for the use of any person under age sixteen unless the person under age sixteen

is wearing a bicycle helmet, as required in subsection (a), while operating the rented scooter."

SECTION 4. Section 291C-163, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) This chapter shall not be deemed to prevent counties with respect to streets and highways under their jurisdiction from:

(1) Regulating or prohibiting stopping, standing, or parking except as provided in section 291C-111;

(2) Regulating traffic by means of police officers or official traffic-control devices;

(3) Regulating or prohibiting processions or assemblages on the highways;

(4) Designating particular highways or roadways for use by traffic moving in one direction;

(5) Establishing speed limits for vehicles in public parks;

(6) Designating any highway as a through highway or designating any intersection as a stop or yield intersection;

(7) Restricting the use of highways;

(8) Regulating the operation and equipment of and requiring the registration and inspection of bicycles, including the requirement of a registration fee;

(9) Regulating or prohibiting the turning of vehicles or specified types of vehicles;

(10) Altering or establishing speed limits;

(11) Requiring written accident reports;

(12) Designating no-passing zones;

(13) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic;

(14) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

(15) Establishing minimum speed limits;

(16) Designating hazardous railroad grade crossing;

(17) Designating and regulating traffic on play streets;

(18) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk;

(19) Restricting pedestrian crossing at unmarked crosswalks;

(20) Regulating persons propelling push carts;

(21) Regulating persons upon scooters, skateboards, skates, coasters, sleds, and other toy vehicles;

(22) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions;

(23) Adopting maximum and minimum speed limits on streets and highways within their respective jurisdictions;

(24) Adopting requirements on stopping, standing, and parking on streets and highways within their respective jurisdictions except as provided in section 291C-111;

(25) Entering into an agreement with any private contractor to implement the traffic enforcement demonstration project pursuant to section 5 et seq. of Act 234, Session Laws of Hawaii 1998; or

(26) Adopting such other traffic regulations as are specifically authorized by this chapter."

SECTION 5. Section 291C-199, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-199[]] Clinging to vehicles, bicycles, etc. No person driving a moped shall attach oneself or the moped to any other vehicle, nor permit the rider of a scooter, skateboard, bicycle, coaster, sled, or toy vehicle or any person on roller skates to be or become attached to the moped or the driver."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

_____________________________