STAND

STAND. COM. REP. NO. 801-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2018

S.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred S.B. No. 2018, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this bill is to increase the safety of Hawaii's children by amending Hawaii's child passenger restraint law. Among other things, this bill:

(1) Requires children younger than four years to be restrained by a child passenger restraint system that meets the requirements of the Federal Motor Vehicle Safety Standards at the time of its manufacture;

(2) Requires children four years of age or older, but younger than eight years, to be restrained in a child safety seat or booster seat that meets the requirements of the Federal Motor Vehicle Safety Standards at the time of its manufacture;

(3) Provides exceptions to item (2) for:

(A) Children weighing more than 80 pounds;

(B) Children weighing more than 40 pounds in vehicles equipped only with lap belts in the rear seat; and

(4) Provides a general exception for children in the rear seat of a motor vehicle in which the number of persons traveling in the motor vehicle exceeds the number of seat belt assemblies;

(5) Eliminates consideration of failure of a child under the age of eight years to be restrained or failure to restrain a child in a child passenger restraint system, a booster seat, or a seat belt assembly as contributory negligence, comparative negligence, or negligence per se; and

(6) Defines the term "restrained" to mean that the seat belt assembly is worn as it was designated and intended to be worn.

The Department of Transportation, Department of Health, Honolulu Police Department, Maui Police Department, Mothers Against Drunk Driving, Keiki Injury Prevention Coalition, American Medical Response, Good Beginnings Alliance, Hawaii Pacific Health, State Farm Mutual Automobile Insurance Company, a member of the Hawaii County Council, Disability and Communications Access Board, EMS Division of the Hawaii County Fire Department, numerous concerned individuals of the Waianae Coast Comprehensive Health Center, and several concerned residents supported this measure.

Motor vehicle crashes are the leading cause of death for children and youth between the age of four and 14. Many of those fatally or seriously injured in these crashes were not wearing seat belts or were not properly restrained. In fact, a study conducted in 2001 found that 90 percent of four- to eight-year-old children who were seriously injured in a crash were not properly restrained. This measure will protect Hawaii's keiki from injury.

Your Committee notes that seat belts were designed for older children and adults and that the size and physical development of children under eight make seat belts less effective and, at times, even dangerous. The National Highway Traffic Safety Administration, National Transportation Safety Board, and American Academy of Pediatrics all recommend that children ages four through seven years old be properly restrained in either a car seat or booster seat.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2018, S.D. 1, 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,

		____________________________ JOSEPH M. SOUKI, Chair