SB3262

THE SENATE	S.B. NO.	3262
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to highway safety.

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

SECTION 1. The legislature finds and declares that:

(1) Hawaii has a strong interest in the safety of children and reducing vehicle-related injuries and fatalities;

(2) Last year, approximately 40,000 children used school bus transportation;

(3) Hawaii has no seat belt requirements for school buses;

(4) A collision between a school bus and a dump truck in Kaimuki caused hospitalization of twelve children in 2005;

(5) California, Florida, Kansas, Louisiana, New Jersey, New York, and Texas have passed laws requiring seat belts on school buses; and

(6) It is recognized by the National Highway Traffic Safety Administration of the United States Department of Transportation that child safety is improved when children are buckled up in three point seat belts rather than only a lap belts, according to a 2007 notice of proposed rulemaking.

SECTION 2. Chapter 286, part IX, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286- Pupil transportation safety; passenger restraint system. (a) The provisions of section 286-181 notwithstanding and unless specifically prohibited by the National Highway Transportation Safety Administration, all school buses purchased or leased for use in Hawaii as of July 1, 2010, shall be equipped at all designated seating positions with a combination pelvic and upper torso passenger restraint system.

(b) For purposes of this section, a "passenger restraint system" means a restraint system:

(1) That is in compliance with Federal Motor Vehicle Safety Standard 209, for a type two seatbelt assembly, and with Federal Motor Vehicle Safety Standard 210, as those standards were in effect on the date the school bus was manufactured; or

(2) Certified by the school bus manufacturer that is in compliance with Federal Motor Vehicle Safety Standard 222 and incorporates a type two lap-shoulder restraint system.

(c) No person, school district, or organization, with respect to a school bus equipped with passenger restraint systems pursuant to this section, may be charged for a violation of this code or any rule adopted thereunder requiring a passenger to use a passenger restraint system, if a passenger on the school bus fails to use or improperly uses the passenger restraint system."

SECTION 3. Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The passengers of the following motor vehicles shall be exempt from the requirements of this section: emergency and mass transit vehicles. Further exemptions from this section may be established by rules adopted by the department of transportation pursuant to chapter 91.

As used in this section, unless the context otherwise requires:

"Emergency vehicle" means an ambulance, a firefighting or rescue vehicle, or a police vehicle while on duty.

"Mass transit vehicle" means a bus[~~, including a school bus~~] (but excluding a charter [or], school, or sightseeing service bus) with a gross vehicle weight rating that is over 10,000 pounds, whether publicly or privately owned, which provides service to the general public or provides special service on a regular or continuing basis."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________