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AGE
REQUIREMENT
MOTORCYCLE HELMET
LAW IN HAWAII |
STATUTE:
Division
1. Government. Title 17.
Motor and Other
Vehicles. Chapter 286.
Highway Safety. Part IV.
Safety Equipment.
Section 286-81.
motorcycle, motor
scooter, etc.;
protective devices. :
"No
person shall:
"(1)
Operate a motorcycle
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 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 and
regulations adopted by
the state director of
transportation. . . .
"(3)
. . . 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."
FINE:
$25
equipment violation. If
you're under 18, you
might not be able to
ride home.
STANDARDS:
Division
1. Government. Title 17.
Motor and Other
Vehicles. Chapter 286.
Highway Safety. Part IV.
Safety Equipment.
Section 286-81.
motorcycle, motor
scooter, etc.;
protective devices. :
"For
the purpose of meeting
the requirements of
this paragraph, a
required device must
meet the
specifications and
requirements
established by rules
and regulations
adopted by the
director of
transportation."
Note:
Apparently the
"director"
establishes regulations
regarding Hawaii's
so-called safety
equipment, so we will
locate the
"director" for
Hawaii and ask. When we
get an answer, you will
find it here.
COURT
DECISIONS:
"Former
helmet requirement was
proper exercise of
police power. -- Former
subparagraph (1)(A),
which required a safety
helmet, and the
regulations promulgated
pursuant to it were
within the proper
exercise of police
power. The accelerating
rate of deaths and
injuries due to
motorcycle accidents,
coupled with the
increase in motorcycle
registrations, had
reached such proportions
and the class of
motorcycle users had
become so large and
widespread that the
continued viability of
society required that
they protect themselves
from physical injury or
death." State v.
Lee, 51 Haw. 516,
465 P.2d 573 (1970).
"Former
helmet requirement for
motorcyclists did not
violate equal
protection. -- In view
of the underlying
differences between cars
and motorcycles with
respect to the
protection against head
injuries afforded their
respective users, a
legislative distinction
between them in terms of
the mandatory wearing of
helmet was reasonable
and did not violate the
equal protection rights
of motorcyclists." State
v. Cotton, 55 Haw.
138, 516 P.2d 709
(1973).
NOTE:
These decisions have to do
with the limited question
of the State's right to
impose safety regulation
on individuals under the
police powers, and not
on the subject of
unconstitutional
vagueness. In other
words, the definition of
"safety helmet"
is vague; which means the
Hawaii statute requiring
motorcyclists to wear a
"safety helmet"
is vague; which means the
Hawaii helmet law is
possibly unconstitutional
. . . State v. Lee and
State v. Cotton
notwithstanding.
CURRENT
ACTIVITY:
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