Report Title:

Motorcycle and Motor Scooter Insurance; Cancellation

Description:

Authorizes motorcycle or motor scooter insurance coverage for persons with motorcycle or motor scooter learner's permits who have registered in or passed an approved motorcycle education course. Requires cancellation of the coverage upon: (1) Failure to submit proof of a license, or of a permit and either enrollment in or completion of an approved motorcycle education course; or (2) Notification that the person failed to complete and pass the motorcycle education course. Effective July 1, 2099. (HB47 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

47

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

Relating to motorcycle and motor scooter insurance.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 431:10G-104, Hawaii Revised Statutes, is amended to read as follows:

"§431:10G-104 Prerequisites for obtaining coverage. (a) Any person seeking to obtain the liability coverage required by this part [after June 7, 1989,] shall first obtain:

(1) [Have obtained a] A valid motorcycle or motor scooter license; or

(2) [Have obtained a] A valid motorcycle or motor scooter learner's permit and either have taken and passed or registered to take a motorcycle education course approved by the department of transportation.

(b) [A temporary insurance binder covering a period of not more than ninety days] A motorcycle or motor scooter insurance policy may be issued to a person who has a valid motorcycle or motor scooter learner's permit[. To obtain a temporary binder, a person shall submit proof to the insurer of the person's enrollment] and has either completed or enrolled in an approved motorcycle education course. [The temporary insurance binder shall be subject to cancellation should the person fail to take, complete, and pass the course for which proof was submitted to the insurer.]

(c) A motorcycle or motor scooter insurance policy shall be cancelled within forty-five days following inception of the policy and the insurer shall provide a notice of cancellation to the policy holder at least twenty days prior to the date of cancellation if:

(1) The insurer does not receive a copy of:

(A) The motorcycle or motor scooter license; or

(B) The motorcycle or motor scooter permit and confirmation provided directly by the course provider of either enrollment in or successful completion of an approved motorcycle education course;

or

(2) The insurer is notified that a person who was issued a policy under subsection (a)(2) failed, was dropped from, or withdrew from the motorcycle education course for which proof of enrollment was submitted to the insurer, unless the person has since obtained and provides the insurer with a copy of a motorcycle or motor scooter license."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2099.