STAND. COM. REP. NO. 1152

Honolulu, Hawaii

, 2001

RE: H.B. No. 135

H.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 135, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CHILD PASSENGER SAFETY,"

begs leave to report as follows:

The purpose of this measure is to clarify the child passenger restraint and seat belt laws.

Your Committee received testimony in support of this measure from the Department of Transportation, Department of Health, Disability and Communication Access Board, Honolulu Police Department, Keiki Injury Prevention Coalition, and State Farm Mutual Automobile Insurance Company. Charley's Taxi submitted comments.

This measure:

(1) Requires a child to be restrained in a booster seat in a vehicle equipped with only lap seat belts for a child under eight years of age;

(2) Requires a child who is age four or older to be restrained in a booster seat or a child safety seat, as appropriate for the size of the child;

(3) Defines "child passenger restraint system";

(4) Requires passengers in the front or back seat to be restrained by a seat belt assembly if they are eight years or older but less than fifteen, and makes a conforming amendment for purposes of excluding negligence by the driver.

Your Committee finds that many children between the ages of four and eight lack the physical development necessary to receive adequate protection from a standard seat belt. These children should be placed either in a safety seat or a booster seat in order to be protected in the event of an accident.

Current law does not specify a weight requirement. Your Committee finds that both age and weight requirements are necessary to allow for variances in the size of the child irrespective of age. Based on testimony received at the hearing on this measure, your Committee finds that there are several models of approved booster seats available that are designed for children up to sixty pounds and that can be installed using only a lap belt.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 135, H.D. 2, and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs and Government Operations,

____________________________

CAL KAWAMOTO, Chair