Report Title:
Motor Vehicles; Booster Seats for Children
Description:
Requires drivers to place passengers under 4 years of age in a child passenger restraint system. Requires drivers to place passengers who are 4 and less than 8 years of age and under eighty pounds in a child safety seat or booster seat. Provides exception for children over sixty pounds traveling in a motor vehicle equipped only with lap belts in the rear seat, without shoulder straps. Requires children between the ages of 8 and 14 years of age to use seat belts. (HB135 CD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
135 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO CHILD PASSENGER SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291-11.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Except as otherwise provided in this section, no person operating a motor vehicle on a public highway in the State shall transport a child under [four] eight years of age [unless] except under the following circumstances:
(1) If the child is under four years of age, the person operating the motor vehicle [ensure] shall ensure that the child is properly restrained in a child passenger restraint system [approved by the United States Department of Transportation] that meets Federal Motor Vehicle Safety Standards at the time of its manufacture[.]; or
(2) If the child is four years of age but less than eight years of age and under eighty pounds, the person operating the motor vehicle shall ensure that the child is properly restrained in a child safety seat or booster seat that meets Federal Motor Vehicle Safety Standards at the time of its manufacture; provided that when traveling in a motor vehicle equipped only with lap belts in the rear seat, without shoulder straps, children over sixty pounds shall be exempt from the requirements of this section."
2. By amending subsection (d) to read:
"(d) In no event shall failure [of] to restrain a child under the age of [four] eight years [to be restrained] or failure to restrain such [a] child in a child passenger restraint system or a seat belt assembly be considered [as] contributory negligence, comparative negligence, or negligence per se."
SECTION 2. Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided by law, no person:
(1) Shall operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and any passengers in the front or back seat of the motor vehicle are restrained by a seat belt assembly if between the ages of [four] eight and fourteen, or are restrained pursuant to section 291-11.5 if the person is under [the age of four;] eight years of age and under eighty pounds in weight;
(2) If fifteen years of age or more shall be a passenger in the front seat of a motor vehicle being operated upon any public highway unless such person is restrained by a seat belt assembly; and
(3) If between the ages of fifteen and seventeen, shall be a passenger in the back seat of a motor vehicle being operated upon any public highway unless such person is restrained by a seat belt assembly.
As used in this section, "seat belt assembly" means the seat belt assembly required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the [federal] National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless original replacement seat belt assemblies are not readily available. If replacement assemblies are not readily available, seat belts of federally approved materials with similar protective characteristics may be used. Such replacement seat belt assemblies shall be permanently marked by the belt manufacturer indicating compliance with all applicable federal standards."
SECTION 3 Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2002.