THE SENATE

S.B. NO.

2726

TWENTY-SEVENTH LEGISLATURE, 2014

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

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

 

     SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§286-    All-terrain vehicle; utility-terrain vehicle; permitted use.  (a)  All-terrain vehicles and utility-terrain vehicles may be operated on a street, as defined in section 291C-1; provided that the all-terrain vehicle or utility-terrain vehicle is:

     (1)  Used as farm equipment, or used by a city, county, or state worker while acting within the scope of that person's official duties;

     (2)  Operated by a person who holds a current category (3) driver's license under section 286-102 or a commercial driver's license under part XIII;

     (3)  Driven on streets that are no more than two lanes, with posted speed limits of no more than thirty-five miles per hour;

     (4)  Used to travel between properties zoned for agriculture, or used by a city, county, or state worker while acting within the scope of that person's official duties to travel between properties under the jurisdiction of the city, county, or state;

     (5)  Used in counties with populations of less than five hundred thousand residents; and

     (6)  Driven on streets during daylight hours; provided further that while in operation, any operator and passenger of an all-terrain vehicle or utility-terrain vehicle shall wear a safety helmet with a securely fastened chin strap that meets the specifications and requirements established by rules adopted by the director.

     (b)  For purposes of this section:

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

     (1)  Is designed for off-highway operation by a single operator carrying no more than one passenger, if so designed as provided in paragraph (5) of this definition;

     (2)  Is fifty inches or less in width;

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

     (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 sitting behind the operator; and

     (6)  Has handlebars for steering control.

     "Farm equipment" refers to any kind of machinery used on a farm to help with farming, including but not limited to a tractor, cultivator, plow, all-terrain vehicle, or utility-terrain vehicle.

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

     (1)  Is designed to be operated off highway;

     (2)  Is sixty inches or less in width;

     (3)  Has an unladen weight of one thousand three hundred pounds or less;

     (4)  Is suspended on four to six tires;

     (5)  Has a steering wheel for steering control;

     (6)  Is equipped with roll-over protection;

     (7)  Accommodates one driver and one passenger sitting side-by-side; and

     (8)  Is equipped with seat belts for driver and passenger protection.

     (c)  Any person who violates this section shall be fined $250 for each violation.

     (d)  All-terrain vehicles and utility-terrain vehicles used as farm equipment shall be regulated as farm equipment and not as motor vehicles.

     (e)  All-terrain vehicles and utility-terrain vehicles used by a city, county, or state worker while acting within the scope of that person's official duties shall not be regulated as motor vehicles."

     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.  New statutory material is underscored.

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

 

 

Report Title:

All-terrain Vehicles; Utility-terrain Vehicles; Permitted Use

 

Description:

Allows all-terrain vehicles (ATV) and utility-terrain vehicles (UTV) used as farm equipment or in the course of official city, county, or state business to be driven on a street if certain conditions are met.  Provides that ATVs and UTVs used as farm equipment or in the course of official city, county, or state business shall not be regulated as motor vehicles.  Establishes a penalty for a violation.  (SB2726 HD1)

 

 

 

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