Report Title:

Mopeds; Toy Vehicles; Helmets

 

Description:

Requires moped operators or riders under 18 years of age to wear helmets. Requires persons under 16 to wear protective gear consisting of a bicycle helmet and knee and elbow pads when operating scooters, skateboards, and other toy vehicles. Prohibits clinging to vehicles while on scooters or skateboards.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1316

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to vehicles.

 

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

SECTION 1. Section 286-81, Hawaii Revised Statutes, is amended to read as follows:

"§286-81 Motorcycle, motor scooter, [etc.;] and moped; protective devices. (a) No person shall:

(1) Operate a motorcycle [or], motor scooter, or moped on any highway in the State unless the person and any passenger the person carries on the motorcycle or motor scooter wears:

(A) Safety glasses, goggles, or a face shield, in the case of a motorcycle [or], motor scooter, or moped that is not equipped with windscreens or windshields; and

(B) Any other protective devices, other than a safety helmet, required by rules adopted by the director.

For the purpose of meeting the requirements of this paragraph, a required device shall meet the specifications and requirements established by rules adopted by the director;

(2) Lease or rent a motorcycle [or], motor scooter, or moped to another person unless the person furnishes:

(A) Safety glasses, goggles, or a face shield, in the case of a motorcycle [or], motor scooter, or moped that is not equipped with windscreens or windshields; and

(B) Any other protective devices required by the rules adopted by the director for the use of the person or persons intending to operate or ride as a passenger on the motorcycle [or], motor scooter[;], or moped; provided that any person to whom a motorcycle [or], motor scooter, or moped is leased or rented may furnish for the person's own use the protective devices required by this part.

For the purposes of meeting the requirements of this paragraph, a required device shall meet the specifications and requirements established by rules adopted by the director; or

(3) Sell or offer for sale or furnish any safety helmet, safety glasses, goggles, face shield, windscreen, windshield, or other protective devices represented to meet the requirements of this part unless the device meets the specifications and requirements established by rules adopted by the director.

(b) No person less than eighteen years of age shall operate or ride as a passenger on a motorcycle [or], motor scooter, or moped on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap.

(c) A safety helmet shall not be required for any person who operates or rides as a passenger on a motorcycle [or], motor scooter[;], or moped; provided that the motorcycle [or], motor scooter[:], or moped:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

and the operator and passenger [uses] use the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6."

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C- Toy vehicles; protective gear. (a) No person under sixteen years of age shall operate a toy vehicle upon a street, bikeway, or any other public property unless that person is wearing properly fitting and fastened protective gear.

(b) A violation of subsection (a) shall:

(1) Be punishable by a fine of $75 if the parent or legal guardian is present; provided that the fine shall be paid by the parent or legal guardian having control or custody of the unemancipated minor whose conduct violates this section; or

(2) Result in a warning if the parent or legal guardian is not present; provided that upon receiving three warnings, the parent or legal guardian having control or custody of the unemancipated minor whose conduct violates this section shall be liable for the amount of $75.

(c) Notwithstanding any law to the contrary, the fines collected for a violation of this section shall be paid into the state treasury to the credit of the state general fund."

SECTION 3. Section 291C-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Protective gear" means a bicycle helmet as provided in section 291C-150(a), knee pads, and elbow pads.

"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.

"Toy vehicle" includes a scooter, skateboard, roller skates or blades, or toy bicycle."

SECTION 4. 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 5. 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 6. 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 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on January 1, 2002.

INTRODUCED BY:

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