§286-81 - Motorcycle, motor scooter, etc.
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 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 adopted by the director.
For the purpose of meeting the requirements of
this paragraph, a required device shall meet the specifications and
requirements established by rules adopted by the director;
(2) Lease or rent a motorcycle or motor scooter to
another 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 with
windscreens or windshields; and
(B) Any other protective devices required by
the rules adopted by the director for the use of the person or persons
intending 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 or
rented may furnish for the person's own use the protective devices required by
this part.
For the purposes of meeting the requirements of
this paragraph, a required device shall meet the specifications and
requirements established by rules adopted by the director; or
(3) Sell or offer for sale or furnish any safety
helmet, safety glasses, goggles, face shield, windscreen, windshield, or other
protective devices represented to meet the requirements of this part unless the
device meets the specifications and requirements established by rules adopted
by the director.
(b) 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.
(c) A safety helmet shall not be required for
any person who operates or rides as a passenger on a motorcycle or motor
scooter; 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 restraint
system for the driver and passenger;
and the operator and passenger uses the seat belt or
child restraint system pursuant to sections 291-11.5 and 291-11.6. [L 1967, c
214, pt of §2; HRS §286-81; am L 1968, c 48, §2(d); am L 1977, c 183, §1; am L
Sp 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.