STAND

STAND. COM. REP. NO. 158

Honolulu, Hawaii

, 2005

RE: H.B. No. 151

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 151 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 less than four years of age to be restrained by a child passenger restraint system that meets federal motor vehicle safety standards at the time of its manufacture;

(2) Requires children four years of age or older, but less than eight years of age, to be restrained in a child safety seat or booster seat that meets 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; and

(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.

The Representative of the 19^th District, Department of Health, Honolulu Police Department (HPD), Maui Police Department, MADD Hawaii, American Academy of Pediatrics-Hawaii Chapter, Keiki Injury Prevention Coalition, State Farm Mutual Automobile Insurance Company, numerous car seat technicians of the Waianae Coast Comprehensive Health Center, and a concerned individual submitted testimony in support of this measure. The Office of the Public Defender commented on this measure.

Motor vehicle crashes are the leading cause of death for children and youth between the ages of four and 14. Many of those fatally or seriously injured in these crashes were not wearing seat belts or were not properly restrained. 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. Additionally, a four-year study conducted by State Farm Insurance found that children ages four through seven who were properly restrained in belt-positioning booster seats were far less likely to be injured than children using seat belts alone.

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 be properly restrained in either a car seat or booster seat.

However, concerns were raised by HPD regarding the provision that exempts children over 80 pounds from being properly restrained in a booster seat. Your Committee understands that a child may weigh more than 80 pounds yet not meet the height requirements for proper use of standard seat belts.

Accordingly, your Committee has amended this measure by:

(1) Removing the provision that exempts children weighing over 80 pounds from being properly restrained in a booster seat while in a motor vehicle; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

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 H.B. No. 151, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 151, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

		____________________________ JOSEPH M. SOUKI, Chair