Motorcycle, motor scooter, moped, etc.; protective devices
HRS §286-81
in effect286-81. Motorcycle, motor scooter, moped, etc.; protective devices
(a) No person shall 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:
(1) 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
(2) 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
subsection, a required device shall meet the specifications and requirements
established by rules adopted by the director.
(b) Notwithstanding subsection (a) and section
291C-195, no person shall operate a moped or motor scooter leased from a rental
company on any roadway in the State unless the person wears a safety helmet,
which shall be provided by the rental company unless the person provides the
person's own safety helmet; provided that this subsection shall not apply to
persons who possess a valid license under this chapter to operate a motorcycle
or an equivalent license issued from another state. To meet the requirements
of this subsection, the safety helmet shall meet the specifications and
requirements established by rules adopted by the director.
(c) In addition to the requirements of
subsection (b), no person shall lease or rent a motorcycle or motor scooter to
another person unless the person furnishes:
(1) 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
(2) 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
subsection, a required device shall meet the specifications and requirements
established by rules adopted by the director.
(d) No person shall sell, 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.
(e) 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.
(f) 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 roll bar, roll cage, or 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; am L 2021, c 130, §2
and c 214, §5]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-0081.htmFetched: 11/10/2026