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Amendment to Helmet Law, 11th Festival of Pacific Arts, RPPL 8-45 2012

AN ACT

To amend 42 PNC ' 808 to exempt operators of motorbikes with an engine displacement of 50 centimeters or less from the motorcycle helmet law, and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative Findings. The Olbiil Era Kelulau finds that with increased traffic in densely populated areas, the government should take steps to encourage alternative modes of transportation. Doing so will cut down on traffic and make the streets of Palau more hospitable for both residents and tourists. One way of encouraging these alternative modes of transportation is by making it easier for individuals to obtain and use them. Consistent with this principle, the Olbiil Era Kelulau finds that there should be an exemption to the helmet law for individuals who drive smaller motorbikes. Allowing such an exemption will help make such alternative forms of transportation more easily obtainable while not unduly compromising Safety.

Section 2. Amendment. Section 808 of Title 42 of the Palau National Code is hereby amended to read as follows:

A' 808. Safety helmets, passenger, and mufflers on motorcycles.

(a) Operators and passengers of any motorcycle or motor bike or motor scooter with an engine displacement of more than 50 cubic centimeters, and any attachments thereto, while such vehicle is being operated on any street or highway within the Republic, shall wear on their heads safety helmets that are constructed with straps that fasten under the chin, and such straps must be fastened under the chin at all times.

(b) Operators of any motorcycle or motorbike or motor scooter, while such vehicle is being operated on any street or highway within the Republic, shall not carry more than one (1) passenger at any one time. If a side car is attached to a motorcycle or motor bike or motor scooter, the operator shall not carry more than one (1) passenger on the motor vehicle proper, and no more than one (1) passenger shall be carried in the side car attached thereto,

except that one child under seven years of age may be seated therein in addition to the above.

(c) Operators of any motorcycle or motorbike or motor scooter with an engine displacement of more than 50 cubic centimeters, and any attachments thereto, while such is being operated on any street or highway within the Republic, shall not allow any passenger on their vehicles who does not wear a safety helmet.

(d) Operators of any motorcycle or motorbike or motor scooter with an engine displacement of more than 50 cubic centimeters, and any attachments thereto, while such vehicle is being operated on any street or highway within the Republic, shall be liable for punishment if a passenger on the operator=s vehicles does not conform with subsection (c) above.

(e) Any motorcycle or motorbike or motor scooter, with or without attachment thereto, while such vehicle is being operated on any street or highway within the Republic, shall be equipped with a properly operating muffler that adequately moderates engine sounds produced by the vehicle.

(f) A violation of any provision of this section shall constitute a misdemeanor that shall be punishable by a fine of not less than $5.00 nor more than $100.00 or imprisonment for not more than 30 days, or both.@

Section 3. Amendment. Amend RPPL No. 8-40 to create a new section and renumber the sections accordingly as follows:

ASection 30. 11th Festival of Pacific Arts. The sum of $63,600 is hereby authorized for appropriation and is hereby appropriated for expenditure for the purpose of funding the expenses and obligations for participation in the 11th Festival of Pacific Arts taking place in July 2012. The entire amount authorized to be appropriated and hereby appropriated in this section shall come from local revenue. The Minister of Finance shall coordinate with the Ministry of Community and Cultural Affairs to ensure that the funds are disbursed in a timely manner as these funds are needed in preparation for the 11th Festival of Pacific Arts taking place in July 2012. These funds shall not be subject to reprogramming.

Section 31. Effective Date. ...@

Section 4. Effective Date. This Act shall lake effect upon its approval by the President of the Republic of Palau or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: June 27, 2012

Approved this 28 day of June , 2012.

/s/
Johnson Toribiong
President
Republic of Palau