SB 2172: All-Terrain Vehicles; Utility Terrain Vehicles; Highways; Drivers; Equipment; Agriculture

A BILL FOR AN ACT

RELATING TO VEHICLES.

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

     SECTION 1.  Section 286-12, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a) and (b) to read:

     "(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,] or roads that are adjacent to farmland with posted speed limits of [no] not more than thirty-five miles per hour;

     (4)  Used to travel alongside or between properties zoned for agriculture[,] and used for agricultural activity purposes, 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 an all-terrain vehicle or utility terrain vehicle may be driven on streets during evening and night hours only if equipped with headlights, tail lights, turn signals, brake lights, and while displaying a slow moving vehicle emblem; provided further that while in operation, any operator and passenger of an all‑terrain vehicle or utility-terrain vehicle [shall] may 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 the 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 up to six people in seat belts; and

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

     2.  By amending subsection (d) to read:

     "(d)  All-terrain vehicles and utility-terrain vehicles used as farm equipment shall be regulated as farm equipment and not as motor vehicles[.]; provided that an all-terrain vehicles or utility terrain vehicle used as farm equipment shall be regulated as motor vehicles when operated on a street in accordance with subsection(a)."

     SECTION 2.  Section 431:10C-103, Hawaii Revised Statutes, is amended as follows:

     1.  By adding two new definitions to be appropriately inserted and to read:

     ""All-terrain vehicle" has the same meaning as defined in section 286-12.

     "Utility terrain vehicle" has the same meaning as defined in section 286-12."

     2.  By amending the definition of "motor vehicle" to read:

     ""Motor vehicle" means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle[,] and an all-terrain vehicle or utility terrain vehicle operating on a street pursuant to section 286-12, but not including motorcycles and motor scooters."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

All-Terrain Vehicles; Utility Terrain Vehicles; Highways; Drivers; Equipment; Agriculture

Description:

Allows an all-terrain vehicle or utility terrain vehicle to drive in the evening and night if they are equipped with headlights, taillights, turn signals, and brake lights, and while displaying a slow moving vehicle emblem.  Allows drivers of all-terrain vehicles and utility vehicles to wear a safety helmet with a securely fastened chin strap, rather than require.  Includes in the definition of "utility-terrain vehicle" a motor vehicle that accommodates one driver and one passenger sitting side-by-side, and up to six people in seat belts.  Includes "all-terrain vehicle" and "utility terrain vehicle" in the definition of "motor vehicle" under the State's motor vehicle insurance law.  (SD1)

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

A BILL FOR AN ACT

relating to vehicles.

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

     SECTION 1.  Section 286-12, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(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,] or roads that are adjacent to farmland with posted speed limits of [no] not more than thirty-five miles per hour;

     (4)  Used to travel alongside or between properties zoned for agriculture[,] and used for agricultural activity purposes, 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 all-terrain vehicles may be driven on streets during evening and night hours only if equipped with headlights, tail lights, turn signals, brake lights, and while displaying a slow moving vehicle emblem; provided further that while in operation, any operator and passenger of an all‑terrain vehicle or utility-terrain vehicle [shall] may 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 the 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 up to six people in seat belts; and

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

     SECTION 2.  Section 431:10C-103, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""All-terrain vehicle" has the same meaning as defined in chapter 286."

     2.  By amending the definition of "motor vehicle" to read:

     ""Motor vehicle" means any vehicle of a type required to be registered under chapter 286, including a trailer attached to such a vehicle[,] and an all-terrain vehicle operating on a street pursuant to section 286-12, but not including motorcycles and motor scooters."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

All-Terrain Vehicles; Highways; Drivers; Equipment; Agriculture

Description:

Allows an all-terrain vehicle to drive in the evening and night if they are equipped with headlights, tail lights, turn signals, and brake lights, and while displaying a slow moving vehicle emblem.  Allows drivers of all-terrain vehicles to wear a safety helmet with a securely fastened chin strap, rather than require.  Includes in the definition of "utility-terrain vehicle" a motor vehicle that accommodates one driver and one passenger sitting side-by-side, and up to six people in seat belts.  Includes "all-terrain vehicle" in the definition of "motor vehicle" under the State's motor vehicle insurance law.

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