Report Title:
Transportation; Safety Helmet; Moped
Description:
Mandates safety helmet use for moped drivers under the age of 18 years.
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THE SENATE |
S.B. NO. |
2217 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE USE OF SAFETY HELMETS BY MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-81, Hawaii Revised Statutes, requires minors who operate motorcycles or motor scooters to wear safety helmets. However, safety helmets are not required for minors who are operators of mopeds. The legislature finds that the use of mopeds, which can have a maximum power of up to thirty miles per hour, poses a serious safety hazard for minors who ride them without safety helmets. During 2004 there were 13,706 mopeds registered in the city and county of Honolulu alone. Between 1998 and 2002, there were 1,222 moped accidents in the city and county of Honolulu that resulted in injury. During the same period there were fifteen moped fatalities on Oahu. Moped riders who are involved in serious traffic accidents are likely to suffer severe head injuries when they do not wear safety helmets.
Although nationwide statistics on moped operator fatalities are not available, national data indicate that unhelmeted motorcycle riders are forty per cent more likely to sustain a fatal head injury than helmeted riders. The legislature believes unhelmeted moped riders are subject to a similar risk ratio.
The legislature also recognizes that the following negative effects are associated with moped drivers who ride without safety helmets:
(1) Higher health care costs for unhelmeted accident victims, particularly those who suffer traumatic head injuries;
(2) Additional taxpayer moneys used for programs that help unhelmeted accident survivors, such as the neurotrauma special fund and advisory board established by Act 160, Session Laws of Hawaii 2002;
(3) Time delays experienced and economic losses incurred by businesses, residents, and visitors to Hawaii when roads are shut down due to a traffic fatality, which is a statistically higher probability when the accident involves an unhelmeted rider; and
(4) Grief and tragedy experienced by families when a child's death is due to a moped accident that may have been prevented by the use of a safety helmet.
The purpose of this Act is to mandate the use of safety helmets for moped operators who are under the age of eighteen.
SECTION 2. Section 291C-195, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
"[[]§291C-195[]] Driving of mopeds. (a) No person less than fifteen years of age shall drive a moped[.] on a highway, street, or any other public property in the State. No person less than the age of eighteen shall drive a moped unless the person wears a safety helmet securely fastened with a chin strap. The safety helmet shall meet federally approved standards and be of the type designed for use by motorcyclists and other motor vehicle users. The safety helmet shall conform to Federal Motor Vehicle Safety Standards, Title 49, Part 571, Standard No. 218, Code of Federal Regulations, which outline minimum performance requirements for impact, penetration and retention systems for motorcycle helmets."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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