THE SENATE	S.B. NO.	2726
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRANSPORTATION.

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

     SECTION 1.  Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§286-   All-terrain vehicle; utility-terrain vehicle; permitted use. (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;

(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 with posted speed limits of no more than thirty-five miles per hour;

(4) Used to travel between properties zoned for agriculture;

(5) Used in counties with populations of less than five hundred thousand residents; and

(6) Driven on streets during daylight hours;

provided further that while in operation, any operator and passenger of an all-terrain vehicle or a utility-terrain vehicle shall 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 purposes of this section:

"All-terrain vehicle" means a motor vehicle that:

(1) Is designed for operation off of a highway by an operator, with 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) Is nine hundred pounds or less of unladen weight;

(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; 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, or plow.

"Utility-terrain vehicle" means a motor vehicle that:

(1) Is designed for operation off of a highway by an operator;

(2) Is sixty inches or less in width;

(3) Is one thousand three hundred pounds or less of unladen weight;

(4) Is suspended on four to six tires;

(5) Has a steering wheel for steering control;

(6) Is equipped with roll over protection;

(7) Has a single seat to accommodate one driver and one passenger sitting side-by-side; and

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

(c)  Any person who violates this section shall be fined $250 for each violation."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

All-terrain Vehicles; Utility-terrain Vehicles; Permitted Use

Description:

Allows all-terrain vehicles (ATV) and utility-terrain vehicles (UTV) to be driven on any street as farm equipment under certain conditions.  Establishes a penalty for a violation.  (SD2)

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