Report Title:

Safety Helmets

Description:

Mandates use of safety helmets by minors when riding all-terrain vehicles.  Prohibits the lease, rent, loan, or sale of all terrain vehicles to minors unless a safety helmet is provided to the operator.  Effective 07/01/2020.  (HB2364 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	2364
TWENTY-FOURTH LEGISLATURE, 2008		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE SAFETY OF MINORS ON ALL-TERRAIN VEHICLES.

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

     SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

“ParT    .  All-terrain vehicles

§286-A  Definitions.  As used in this part, unless the context otherwise requires:

     "All-terrain vehicle" means a motor vehicle which is all of the following:

     (1)  Designed for operation off of the highway by an operator with no more than one passenger;

     (2)  Fifty inches or less in width;

     (3)  Nine hundred pounds or less unladen weight;

     (4)  Suspended on three or more tires;

     (5)  Has a single seat designed to be straddled by the operator, or a single seat designed to be straddled by the operator and a seat for not more than one passenger; and

     (6)  Has handlebars for steering control.

     "Minor" means a person under the age of eighteen.

     "Wear a safety helmet" means having a safety helmet meeting the requirements under section 286-C on the person's head that is fastened with helmet straps and that is of a size that fits the person's head securely without excessive lateral or vertical movement.

§286-B  Prohibition; operation without a safety helmet.  (a)  No minor shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet.

     (b)  No person shall lease, rent, loan, or sell an all-terrain vehicle to a minor unless the person furnishes a safety helmet for the operator.

§286-C  Safety helmets; rules.  The director shall adopt rules, subject to the requirements of chapter 91, establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers, operators, and passengers of all-terrain vehicles, as the director determines are necessary for the safety of those drivers, operators, and passengers."

     SECTION 2.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 3.  This Act shall take effect on July 1, 2020.