Report Title:
Motor Vehicles; Booster Seats for Children
Description:
Requires drivers to place passengers less than 8 years and 80 pounds in a child passenger restraint system, except for booster seats in cars with lap seat belts, which for safety reasons are required only for children less than 8 years and 60 pounds. Children of 8 to 15 years must use seat belts. Prohibits passengers 17 or under from riding in bed of truck. (SD1)
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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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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 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] that complies with this section; provided that:
(1) If a vehicle is equipped only with lap seat belts, a child passenger restraint system consisting of a booster seat shall only be required for a child under eight years of age and under sixty pounds in weight; and
(2) If the child is at least four years of age, the child shall be properly restrained in a booster seat or child safety seat, as appropriate to the size of the child.
For purposes of this section, "child passenger restraint system" means a system that complies with federal motor vehicle safety standards issued pursuant to Public Law 89-563, the National Traffic and Motor Vehicle Safety Act of 1966, as amended, at the time of its manufacture[.] and includes booster seats and child safety seats that comply with these standards."
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] seven and [fourteen,] fifteen, 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. Section 291-14, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) No operator of any pickup truck may operate the vehicle with any passenger [twelve] seventeen years of age or under in the bed or load-carrying area of the vehicle, unless one of the following applies:
(1) An emergency exists that threatens the life of the passenger being transported in the bed or load-carrying area of the vehicle; or
(2) The vehicle is being operated in parades, caravans, or exhibitions which are officially authorized or otherwise permitted by law."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2002.