Hawaii Motorcycle Helmet Laws
MOTORCYCLE HELMET LAW STATUTE:
Division 1. Government. Title 17. Motor and Other Vehicles. Chapter 286. Highway
Safety. Part IV. Safety Equipment. Section 286-81. motorcycle, motor scooter, etc.;
protective devices. :
"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 and regulations
adopted by the state director of transportation. . . .
"(3) . . . 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."
State Funded Rider Education
Available for all eligible applicants.
Eye Protection
Required unless equipped with wind screen.
Passenger Seat
Required if carrying a passenger.
Passenger Footrests
Required if carrying a passenger.
Passenger Age Restrictions
Prohibits passengers under age 7.
Mirror
Required by law.
Periodic Safety Inspection
Required by law.
HAWAII...DISCRIMINATION ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL
Article Il, Section 2 of the Hawaii Constitution states that "all persons are free
by nature and are equal in their inherent and inalienable rights. Among these rights
are the enjoyment of life, liberty and the pursuit of happiness... the rights cannot
endure unless people recognize their corresponding obligations and responsibilities."
Hawaii law further states that, "Unfair discriminatory practices which deny, or
attempt to deny, a person the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of a place of public accommodation on
the basis of race, sex, color, religion, ancestry, or handicap are prohibited" Hawaii
Statutes Section 483-3. In Cohen v. California, 403 U.S. 15 (1971), the United States
Supreme Court ruled that American citizens have the First Amendment right to wear
clothing that displays writings or designs. Additionally, the right of freedom of
association has long been recognized and protected by the United States Supreme
Court Accordingly, in Hawaii, an individual's right to motorcycle attire is constitutionally
protected, and individuals or establishments who discriminate on the basis of motorcycle
attire are subject to lawsuits.
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