1. (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. (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. (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.

2. (b) Notwithstanding subsection (a), 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.

3. (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. (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. (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.

4. (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.
5. (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.

6. (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. (1) Has three wheels;
   2. (2) Is powered by an electric motor;
   3. (3) Has a roll bar, roll cage, or full body enclosed cab; and

   4. (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; am L 2025, c 222, §1]

Cross References

Additional prohibitions regarding minors, see §291-11.

Rulemaking, see chapter 91.