HB419.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	419
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to traffic safety.

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

SECTION 1. Section 291-11.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided by law, no person:

(1) Shall operate a motor vehicle upon any public highway unless [~~the person is~~] restrained by a seat belt assembly [and all passengers in the front or back seat of the motor vehicle are restrained by a seat belt assembly if between the ages of eight and fourteen, or are restrained pursuant to section 291‑11.5 if under eight years of age;];

(2) If under eight years of age, shall be a passenger in the front or back seat of a motor vehicle being operated upon any public highway unless restrained pursuant to section 291-11.5;

(3) If between the ages of eight and seventeen inclusive, shall be a passenger in the front or back seat of a motor vehicle being operated upon any public highway unless restrained by a seat belt assembly;

[~~(2)~~] (4) If [~~fifteen~~] eighteen years of age or more, shall be a passenger in the front seat of a motor vehicle being operated upon any public highway unless [~~such person is~~] restrained by a seat belt assembly; [~~and~~

~~(3)~~ ~~If between the ages of fifteen and seventeen, shall be a passenger in the back seat of a motor vehicle being operated upon any public highway unless such person is restrained by a seat belt assembly.~~] or

(5) Shall be a passenger in the bed or load-carrying area of any pickup truck being operated upon any public highway unless restrained by a seat belt assembly and all of the other requirements of section 291-14 are met.

As used in this section:

"Pickup truck" has the same meaning as defined in section 291-14(e).

"Restrained" means that the seat belt assembly is worn as it was designed and intended to be worn.

"Seat belt assembly" means [~~the~~]:

(1) The seat belt assembly that is required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless original replacement seat belt assemblies are not readily available. If replacement assemblies are not readily available, seat belts of federally approved materials with similar protective characteristics may be used. Such replacement seat belt assemblies shall be permanently marked by the belt manufacturer indicating compliance with all applicable federal standards[.]; or

(2) In the case of the bed or load-carrying area of a pickup truck, any safety restraint that secures and protects passengers in a manner substantially equivalent to seat belt assemblies described in paragraph (1)."

SECTION 2. Section 291-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall stand in the bed or load-carrying area of any motor vehicle commonly known as a pickup truck while the vehicle is in operation. No operator of any pickup truck shall operate the vehicle with a passenger seated in the bed or load-carrying area of the vehicle unless:

(1) There is no seating available in the cab of the vehicle;

(2) The side racks of the vehicle are securely attached and the tailboard or tailgate is securely closed;

(3) Every passenger in the bed or load-carrying area of the vehicle is seated [~~on the floor~~] and does not attempt to control unlashed cargo[.]; and

(4) Every passenger in the bed or load-carrying area of the vehicle is restrained by a seat belt assembly pursuant to section 291-11.6(a)(5)."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________