THE SENATE

S.B. NO.

2226

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to Motorcycles.

 

 

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

 

     SECTION 1.  The legislature finds that motorcycle safety is an increasingly pressing issue in the State.  In recent years, motorcycle accidents, injuries, and fatalities have all increased.  As of November, the department of transportation reported twenty-seven motorcycle fatalities in the State in 2025.  Sixty-one per cent of those fatalities were not wearing safety helmets at the time of the accident. 

     The legislature further finds that evidence demonstrates that safety helmets reduce the severity of injuries and frequency of fatalities caused by motorcycle accidents.  For example, the Missouri department of transportation found that the repeal of the state's universal helmet law correlated to a rise in motorcycle fatalities.  Since the law's repeal in 2020, motorcycle fatalities increased by forty-seven per cent, culminating in Missouri's deadliest year on record with one‑hundred and seventy‑four deaths in 2023.  This trend demonstrates the life-saving power of statutory safety helmet requirements. 

     Accordingly, the purpose of this Act is to require all motorcycle operators and passengers in the State to wear safety helmets.

     SECTION 2.  Section 286-81, Hawaii Revised Statutes, is amended as follows:

      1.  By amending subsection (a) to read:

     "(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[.]; provided that in the case of a person operating a motorcycle, a safety helmet securely fastened with a chin strap shall be required for the person and any passenger the person carries on the motorcycle.

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."

      2.  By amending subsections (e) and (f) to read:

     "(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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

Report Title:

Motorcycles; Safety Equipment; Safety Helmet; Requirement

 

Description:

Requires all persons operating or riding a motorcycle to wear a safety helmet. 

 

 

 

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