THE SENATE	S.B. NO.	2882
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to transportation.

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

     SECTION 1.  The legislature finds that inclement weather reduces visibility, making driving more difficult.  Studies have shown that the use of motor vehicle headlights in inclement weather increases highway safety by making these vehicles more easily discernable.  Moreover, daytime accidents that occur during inclement weather are reduced by as much as seventy per cent when headlights are in operation.

     The legislature further finds that legislatures in twenty-eight states have enacted laws requiring motorists to turn on their headlights when inclement weather affects visibility or when windshield wipers are in continuous operation, even during daylight hours, and that a number of other states are contemplating the adoption of similar laws.

     The purpose of this Act is to:

     (1) Require the use of headlights on all motor vehicles, motorcycles, motor scooters, and motorized bicycles during periods of inclement weather when visibility is reduced to a distance of two hundred feet or less;

     (2) Require the use of headlights during conditions requiring the continuous use of a motor vehicle's windshield wipers;

     (3) Increase the penalty for the use or operation of any motor vehicle not equipped with lights as required by law; and

     (4) Prohibit the use and operation of motorcycles, motor scooters, and motorized bicycles not equipped with lights as required by law, and provide a penalty for noncompliance.

     SECTION 2.  Section 291-25, Hawaii Revised Statutes, is amended to read as follows:

"§291-25  Lights for motor vehicles, motorcycles, motor scooters, and motorized bicycles.  (a)  From thirty minutes after sunset until thirty minutes before sunrise[,] and during periods of inclement weather, every motor vehicle moving upon any public highway shall carry at the front thereof at least two lighted head lamps which shall display white lights of equal candle power.  The head lamps shall be securely mounted, not less than twenty-two inches nor more than fifty-four inches above the road surface when measured to the head lamp center, on a rigid part of the vehicle designed specifically for head lamp installation by the manufacturer, and so arranged, adjusted, and constructed that, when the motor vehicle is fully loaded, any pair of headlights under the conditions of use shall produce a light sufficient to reveal any person, vehicle, or substantial object on the highway straight ahead of the motor vehicle for a distance of two hundred feet.

     The light when measured at a distance of one hundred feet directly in front of the motor vehicle, and at a height of sixty inches above the level surface on which the motor vehicle stands, shall not exceed two thousand four hundred apparent candle power, nor shall this candle power be exceeded at a greater height than sixty inches.

     When measured at a distance of one hundred feet ahead of the motor vehicle and seven feet or more to the left of the axis of the same, and at a height of sixty inches above the level surface on which the motor vehicle stands, the light shall not exceed eight hundred apparent candle power.

     (b)  [During the time specified in subsection (a),] From thirty minutes after sunset until thirty minutes before sunrise and during periods of inclement weather, every motorcycle, motor scooter, or motorized bicycle while moving on a public highway shall carry, at the front thereof, at least one lighted headlight which shall give a light of such power and so distributed as provided in subsection (a); provided that any motorcycle, motor scooter, or motorized bicycle with a side car or similar contrivance attached shall, in addition to the foregoing required light, carry on the side car or similar contrivance a lighted lamp visible from a point at least two hundred feet ahead of the vehicle.  Any headlight required by this subsection shall display white light and shall be securely mounted, not less than twenty-four inches nor more than fifty-four inches above the road surface when measured to the headlight's center on a rigid part of the vehicle designed specifically for installation of a light by the manufacturer.

(c)  As used in this section, "inclement weather" means weather conditions that:

(1) Prevent the driver of a motor vehicle, motorcycle, motor scooter, or motorized bicycle from clearly discerning a person, vehicle, or substantial object on any public street, road, or highway from a distance of two hundred feet or less; or

(2) Require the continuous use of a motor vehicle's windshield wipers and include but are not limited to rain, snow, mist, fog, or other precipitation."

     SECTION 3.  Section 291-32, Hawaii Revised Statutes, is amended to read as follows:

"§291-32  Penalties.  (a)  The use or operation of any motor vehicle, motorcycle, motor scooter, or motorized bicycle not equipped with lights in conformity with sections 291-25 to 291-31 upon the public highways is prohibited during the [period] periods specified in section 291-25(a)[.] and (b).

     (b)  Whoever violates any of the provisions of this section, or of sections 291-25 to 291-31, shall be fined not more than [$10.] $25.  Each violation shall be deemed a separate offense, and a subsequent violation of the same provision within a one-year period shall be subject to twice the fine imposed upon the prior conviction therefor."

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

     SECTION 5.  This Act shall take effect on July 1, 2011.

INTRODUCED BY:

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Report Title:

Mandatory Headlight Use

Description:

Requires the use of headlights by motor vehicles, motorcycles, motor scooters, and motorized bicycles in inclement.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.