QUESTION: When I go to Costco, I always see tourists and local families pile into taxis with no car seats, no boosters, no carriers; nothing to hold in a child or toddler. I see babies, toddlers and young children — all with nothing to harness them. Families with children pile into all types (Charley’s Taxi, TheCAB, Uber, Lyft, etc.). I’m wondering how Hawaii seat-belt laws apply?
ANSWER: “According to our state’s child passenger safety law, commercial vehicles are not required to transport children under the age of 8 in child passenger safety seats or booster seats. This includes taxis, tour buses and airport shuttles. Please note that ride-sharing services are not exempt from using car seats/booster seats. We highly recommend the use of child passenger safety seats to ensure the safe transport of children. We realize that this isn’t always practical when trying to quickly get in and out of taxis, shuttles, etc., but there are options available, such as the use of safety gear like travel vests or using a taxi that provides car seats upon request,” said Tim Sakahara, a spokesman for the state Department of Transportation.
Q: So Hawaii’s child-restraint law doesn’t apply to conventional taxis (like Charley’s or TheCAB) but it does apply to ride-hailing services (like Uber and Lyft)?
A: “Correct. There are no seat belt or child safety-seat exemptions for ride-hailing companies at this time,” Sakahara said.
(Uber and Lyft are ride-hailing transportation network companies that use apps to connect passengers with drivers, who are independent contractors. Payment is processed on the app.)
Hawaii’s child passenger safety law is found in Hawaii Revised Statutes 291-11.5, 808ne.ws/childsafety.
It requires children under age 4 to ride in a child safety seat, and children between the ages of 4 and 8 years to ride in a child safety seat or a booster seat. There are exceptions beyond the ones previously described, which include in mass transit and emergency vehicles and for children of that age range over a certain height or weight. Violators (the vehicle operator) must attend a safety class and face fines of $100 to $500.
A separate law covers adults and children over age 8, found in HRS section 291-11.6, 808ne.ws/seatbeltlaw. It requires the driver and all front or backseat passengers to buckle up. Violators face fines of $102 on Oahu, Maui and Hawaii island and $112 on Kauai, according to the DOT.
“Passengers of taxi companies and ride-hailing companies are not exempt and are required to wear seat belts as applicable by (this) law,” Sakahara said.
This law exempts taxi drivers (but not passengers) and emergency vehicles and mass-transit vehicles (which includes school buses but not tour buses).
AUWE
Drivers need to understand that when a traffic light is out at an intersection, that intersection needs to be treated as a four-way stop. Last Friday, as I was standing on the sidewalk a few yards from the intersection of Liliha and Judd streets, the traffic lights went out. I’d estimate that at least 95 percent of the vehicles going mauka or makai on Liliha Street did not stop, including City and County vehicles. Separately, two police cars stopped, then proceeded on, neither bothering to stay and direct traffic. (Perhaps they were on their way to a pedestrian accident.) Though some vehicles did stop, it was obvious that the vehicles behind them did not plan to do so. Luckily all of the vehicles approaching on Judd Street did stop, but as they were cautiously entering the intersection, there were a couple of occasions when they were “horned” by vehicles approaching on Liliha. Traffic was quite heavy at the time. — JGB
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
