HB1169.DOC

SECTION 1. Section 286-81, Hawaii Revised Statutes, is amended to read as follows:

"§286-81 Motorcycle, moped, motor scooter, etc.; protective devices. (a) No person shall:

(1) Operate a motorcycle, moped, or motor scooter[,] on any highway in the State unless the person and any passenger the person carries on the motorcycle or motor scooter wears:

(A) Safety glasses, goggles, or a face shield, in the case of a motorcycle, moped, or motor scooter that is not equipped with windscreens or windshields; and

(B) Any other protective devices[~~, other than a safety helmet,~~] required by rules adopted by the director[.] for the use of the person intending to operate the motorcycle, moped, or motor scooter.

For the purpose of meeting the requirements of this paragraph, a required device shall meet the specifications and requirements established by rules adopted by the director;

(2) Lease or rent a motorcycle, moped, or motor scooter to another person unless the person furnishes:

(A) Safety glasses, goggles, or a face shield, in the case of motorcycle, moped, or motor scooter that is not equipped with windscreens or windshields; and

(B) Any other protective devices required by the rules adopted by the director for the use of the person or persons intending to operate a motorcycle, moped, or motor scooter or ride as a passenger on the motorcycle or motor scooter; provided that any person to whom a motorcycle, moped, or motor scooter is leased or rented may furnish for the person's own use the protective devices required by this part.

For the [~~purposes~~] purpose of meeting the requirements of this paragraph, a required device shall meet the specifications and requirements established by rules adopted by the director; or

(3) Sell or offer for sale or furnish any safety helmet, safety glasses, goggles, face shield, windscreen, windshield, or other protective devices represented to meet the requirements of this part unless the device meets the specifications and requirements established by rules adopted by the director.

(b) No person less than eighteen years of age shall operate or ride as a passenger on a motorcycle [~~or motor scooter~~] on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap[.] that complies with the United States Department of Transportation's Federal Motor Vehicle Safety Standard No. 218 (FMVSS 218).

(c) No person shall operate a moped or motor scooter or ride as a passenger on a motor scooter on any highway in the State unless the person wears a safety helmet securely fastened with a chin strap that complies with the United States Department of Transportation's Federal Motor Vehicle Safety Standard No. 218 (FMVSS 218).

[~~(c)~~] (d) A safety helmet shall not be required for any person who operates a motorcycle, moped, or motor scooter or rides as a passenger on a motorcycle or motor scooter; provided that the motorcycle, moped, or motor scooter:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

and the operator and passenger [~~uses~~] use the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6."

SECTION 2. Section 291C-195, Hawaii Revised Statutes, is amended 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, roadway, or any other public property in the State. No person [~~less than eighteen years of age~~] shall drive a moped unless the person wears a safety helmet securely fastened with a chin strap[.] that complies with the United States Department of Transportation's Federal Motor Vehicle Safety Standard No. 218 (FMVSS 218). The safety helmet shall meet the specifications and requirements established by rules adopted by the director.

(b) No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.

(c) No person shall drive a moped which is carrying any other person nor shall any person other than the driver ride upon a moped.

(d) Subsections (b) and (c) shall not apply to three-wheeled mopeds designed to carry a driver and passenger seated side by side.

(e) Three-wheeled mopeds shall be insured for liability and property damage, excluding personal injury protection."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

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

INTRODUCED BY:

_____________________________

BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	1169
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII