New law allows exemption when seat belts are lacking

Question: Regarding the new seat belt law requiring everyone to buckle up: My vehicle has only two seat belts in the back seat. Does this mean that the fifth member of my family would not be able to ride in that vehicle? Can you clarify the law? Are we supposed to go out and buy a new car?

Answer: You won’t have to buy a new car, although safety would be the issue.

The state Legislature passed, and Gov. Neil Abercrombie signed into law, amendments to Section 291-11.6 of the Hawaii Revised Statutes that now require everyone riding in the front or back seats of a motor vehicle to be restrained by seat belts. (Children under 8 are required to be in some kind of child restraint or infant safety seat.)

Previously, only those under age 18 had to be restrained while riding in the back seats.

However, the new law retains old provisions that allow exemptions to the required seat belts, according to the Hono­lulu Police Department.

Among the exemptions: A passenger does not have to wear a seat belt if the number of persons in a vehicle exceeds the number of seat belts available or the number originally installed in the vehicle, whichever is greater, provided that all the available seat belts are in use.

The other exemptions:

» If the unrestrained person is riding in a motor vehicle that is not required to be equipped with seat belts under any federal safety standard (unless the vehicle is, in fact, equipped with seat belts).

» If the person has a condition that prevents "appropriate restraint" by the seat belt, provided the condition is certified by a physician or a physician assistant stating the nature of the condition and explaining why the restraint is inappropriate.

» The person is operating a taxicab or other motor vehicle used in performing a regulated metered taxicab service.

» The person is otherwise exempted by state Department of Transportation rules.

Question: If the required copy of motor vehicle safety check is lost, can a vehicle transfer be completed? If not, is there a provision to replace a lost copy?

Answer: State law requires that a motor vehicle have a current safety inspection upon renewal or transfer of ownership, said Sheri Kaji­wara, director of the city Department of Customer Services.

So if the computer records show a vehicle’s inspection is current upon renewal or transfer, "we do not require the submission of the certificate of inspection," she said.

However, she said the law does require the current inspection certificate to be kept in the vehicle "at all times and presented to a police officer upon demand."

If your safety inspection is not current, you are required to submit it with your renewal or transfer of ownership. To replace a lost or stolen safety inspection certificate, you have to go back to the inspection station that inspected your vehicle and issued the certificate, Kaji­wara said.

"The inspection station is required to keep the station copy of the inspection form for the entire period that the inspection is valid," she said.

The station may charge a fee for a duplicate copy. The amount of that fee is not addressed in state rules, but the maximum charge for a lost or stolen safety sticker is $5.

Meanwhile, Kajiwara also advised anyone buying a used car to ensure they are given all the necessary paperwork that goes with the car.

MAHALO

To a kind stranger. While waiting for our grandson to finish work, my husband decided to get some yogurt. But when he went to the cashier to pay, he was told it was paid for. Thank you, whoever you are, for your kindness. — Grateful Senior Citizen

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