PART IV. SAFETY EQUIPMENT

 

Cross References

 

  Neighborhood electric vehicles, see §291C-134.

  Street rod vehicle requirements, see §286-26.5.

 

§286-81  Motorcycle, motor scooter, etc.;protective devices.  (a)  No person shall:

(1)  Operate a motorcycle or motor scooter, on anyhighway in the State unless the person and any passenger the person carries onthe 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 withwindscreens or windshields; and

(B)  Any other protective devices, other than asafety helmet, required by rules adopted by the director.

For the purpose of meeting the requirements ofthis paragraph, a required device shall meet the specifications andrequirements established by rules adopted by the director;

(2)  Lease or rent a motorcycle or motor scooter toanother person unless the person furnishes:

(A)  Safety glasses, goggles, or a face shield,in the case of a motorcycle or motor scooter that is not equipped withwindscreens or windshields; and

(B)  Any other protective devices required bythe rules adopted by the director for the use of the person or personsintending to operate or ride as a passenger on the motorcycle or motor scooter;provided that any person to whom a motorcycle or motor scooter is leased orrented may furnish for the person's own use the protective devices required bythis part.

For the purposes of meeting the requirements ofthis paragraph, a required device shall meet the specifications andrequirements established by rules adopted by the director; or

(3)  Sell or offer for sale or furnish any safetyhelmet, safety glasses, goggles, face shield, windscreen, windshield, or otherprotective devices represented to meet the requirements of this part unless thedevice meets the specifications and requirements established by rules adoptedby the director.

(b)  No person less than eighteen years of ageshall operate or ride as a passenger on a motorcycle or motor scooter on anyhighway in the State unless the person wears a safety helmet securely fastenedwith a chin strap.

(c)  A safety helmet shall not be required forany person who operates or rides as a passenger on a motorcycle or motorscooter; provided that the motorcycle or motor scooter:

(1)  Has three wheels;

(2)  Is powered by an electric motor;

(3)  Has a full body enclosed cab; and

(4)  Has a seat belt assembly or a child restraintsystem for the driver and passenger;

and the operator and passenger uses the seat belt orchild restraint system pursuant to sections 291-11.5 and 291-11.6. [L 1967, c214, pt of §2; HRS §286-81; am L 1968, c 48, §2(d); am L 1977, c 183, §1; am LSp 1977 1st, c 20, §12; gen ch 1985; am L 1994, c 120, §2]

 

Cross References

 

  Additional prohibitions regarding minors, see §291-11.

  Rulemaking, see chapter 91.