HOUSE OF REPRESENTATIVES	H.B. NO.	2277
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to all-terrain vehicles.

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

     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  All-terrain vehicles

§291C-     Definitions.  As used in this part, unless the context otherwise requires:

     "All-terrain vehicle" means a motor vehicle that:

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

     (2)  Is fifty inches or less in width;

     (3)  Is nine hundred pounds or less of unladen weight;

     (4)  Is 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 sixteen.

§291C-     Prohibition; minors; penalty.  (a)  No minor shall operate, ride, or be otherwise propelled on an all-terrain vehicle; provided that this section shall not apply to any minor who operates, rides, or is otherwise propelled on an all-terrain vehicle as part of a commercial production for which the minor receives payment.

     (b)  The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be subject to section 291C-161.

§291C-    Operation on highways prohibited.  No person shall operate, ride, or be otherwise propelled on an all-terrain vehicle upon a street, highway, or any other public roadway.

§291C-    Passengers prohibited.  No person shall operate, ride, or be otherwise propelled on an all-terrain vehicle that is carrying any other person nor shall any person other than the driver ride upon an all-terrain vehicle.

§291C-    Hours of operation.  No person shall operate, ride, or be otherwise propelled on an all-terrain vehicle between the hours of sunset and sunrise.

§291C-    Safety helmet.  No person shall operate, ride, or be otherwise propelled on an all-terrain vehicle without wearing a safety helmet securely fastened with a chin strap."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

ATVs; Minors; Highways; Passengers; Hours; Helmets

Description:

Prohibits minors from using all-terrain vehicles.  Prohibits the use of all-terrain vehicles on public roadways.  Prohibits passengers from riding on all-terrain vehicles.  Prohibits the use of all-terrain vehicles between sunset and sunrise.  Prohibits the use of all-terrain vehicles without a helmet.

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