Report Title:

Motor Vehicles; Booster Seats for Children

 

Description:

Requires a driver of a vehicle to properly restrain children 8 years of age or under and 80 pounds in a child passenger restraint system, including booster seats. Children between eight and fifteen must be restrained in seat belts. (HB135 HD1)

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

135

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

  

 

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 or younger and under eighty pounds in weight unless the person operating the motor vehicle ensures that the child is properly restrained in a child passenger restraint system approved by the United States Department of Transportation at the time of its manufacture. If the child is at least four years of age, the child shall be properly restrained in a booster seat. For purposes of this section, a child passenger restraint system includes a booster seat."

2. By amending subsection (d) to read:

"(d) In no event shall failure of a child [under the age of four years] eight years of age or younger to be restrained or failure to restrain such a child in a child passenger restraint system, including a booster seat, 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,] fifteen, or are restrained pursuant to section 291-11.5 if [under the age of four;] eight years of age or younger and under eighty pounds in weight; and

(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 July 1, 2001.