Hawaii-2020-HB754-Amended

SECTION 1. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

"§291C- Electric foot scooters; application of laws in relation to persons riding bicycles. (a) This section shall apply whenever an electric foot scooter is operated upon any highway, roadway, or other designated public area set aside for the preferential or exclusive use of electric foot scooters. Every person operating an electric foot scooter upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to a rider of a bicycle under this part, except as to:

(1) Provisions of this section to the contrary; and

(2) Provisions of this part which by their nature can have no application.

(b) The director of transportation by rule and the counties by ordinance shall regulate operations of electric foot scooters in their respective jurisdictions with regard to, but not limited to, the following:

(1) Operations upon roadways, in bikeways, bicycle paths, and on sidewalks;

(2) Restrictions on maximum speed; and

(3) Safety considerations;

provided that no authority adopted in accordance with this subsection shall be less restrictive than the requirements set forth in this section. No person shall operate an electric foot scooter before the respective rules or ordinances are adopted.

(d) Any electric foot scooter used from thirty minutes after sunset until thirty minutes before sunrise shall be equipped as provided in section 291C-147; provided that in lieu of the requirement of section 291C-147(b), every electric foot scooter shall be equipped with a lighted lamp visible from the rear.

(e) Any person who operates an electric foot scooter recklessly in disregard for the safety of persons or property shall be assessed penalties as set forth in section 291C-161."

SECTION 2. Section 249-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Electric foot scooter" means a device weighing less than one hundred pounds, with two or three wheels, handlebars, and a floorboard that can be stood upon while riding, which is solely powered by an electric motor or human power, and whose maximum speed, with or without human propulsion on a paved level surface, is no more than twenty miles per hour. An electric foot scooter shall not be considered a moped, motor vehicle, rental motor vehicle, or vehicle."

2. By amending the definitions of "moped" and "motor vehicle" to read:

""Moped" means a device upon which a person may ride [~~which~~] that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the device, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include an electric foot scooter.

"Motor vehicle" means every vehicle [~~which~~] that is self-propelled and every vehicle [~~which~~] that is propelled by electric power but which is not operated upon rails, but excludes mopeds[.] and electric foot scooters."

3. By amending the definition of "vehicle" to read:

""Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power or devices used exclusively upon stationary rails or tracks, electric foot scooters, and mopeds."

SECTION 3. Section 251-1, Hawaii Revised Statutes, is amended by amending the definition of "rental motor vehicle" or "vehicle" to read as follows:

""Rental motor vehicle" or "vehicle" means every vehicle [~~which~~] that is:

(1) Self-propelled and every vehicle [~~which~~] that is propelled by electric power but [~~which~~] is not operated upon rails [~~which~~] and is rented or leased or offered for rent or lease in this State, whether for personal or commercial use, for a period of six months or less; and

(2) Designed to carry seventeen passengers or fewer.

"Rental motor vehicle" or "vehicle" shall not include:

(1) Mopeds and electric foot scooters as defined in section 286-2;

(2) Any trucks, truck-tractors, tractor-semitrailer combinations, or truck-trailer combinations, with:

(A) A manufacturer's nominal carrying capacity of one thousand pounds or more; and

(B) A barrier or separation between the operator's compartment and the cargo area; and

(3) Cargo vans with no more than two seats, including the driver's seat; provided that vans with a recreational vehicle converter package and vans with quick release passenger seats shall not be classified as cargo vans."

SECTION 4. Section 271-4, Hawaii Revised Statutes, is amended to read as follows:

"§271-4 Definitions. As used in this chapter:

(1) "Chapter" means the Motor Carrier Law.

(2) "Commission" means the public utilities commission.

(3) "Person" or "persons" means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof.

(4) "Certificate" means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle.

(5) "Permit" means a permit issued under this chapter to contract carriers by motor vehicle.

(6) "Transportation of persons" includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage.

(7) "Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and its consolidation for the purposes of forwarding within the State.

(8) "Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service[.], or an electric foot scooter as defined in section 291C-1.

(9) "Highway" means the public roads, highways, streets, and ways in this State.

(10) "Rates" includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle.

(11) "Common carrier by motor vehicle" means any person that holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation.

(12) "Contract carrier by motor vehicle" means any person that engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in paragraph (11)) under continuing contracts with one person or a limited number of persons either: for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or for the furnishing of transportation services designed to meet the distinct need of each individual customer.

(13) "Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle.

(14) "Private carrier of property by motor vehicle" means any person not included in the terms "common carrier by motor vehicle" or "contract carrier by motor vehicle", who or that transports by motor vehicle property of which the person is the owner, lessee, or bailee, when such transportation is for the purpose of sale, lease, rent, or bailment, or in the furtherance of any commercial enterprise.

(15) "Enforcement officer" means any person employed and authorized by the commission to investigate any matter on behalf of the commission. The term also means a motor vehicle safety officer employed and assigned, pursuant to section 271-38, by the department of transportation to enforce sections 271-8, 271-12, 271‑13, 271-19, and 271-29 through the assessment of civil penalties as provided in section 271-27(h), (i), and (j)."

SECTION 5. Section 286-2, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

2. By amending the definition of "moped" to read:

""Moped" means a device upon which a person may ride [~~which~~] that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include an electric foot scooter."

3. By amending the definition of "motor vehicle" to read:

""Motor vehicle" means every vehicle [~~which~~] that is self-propelled and every vehicle [~~which~~] that is propelled by electric power but [~~which~~] is not operated upon rails, but excludes a moped[.] and an electric foot scooter."

4. By amending the definition of "vehicle" to read:

SECTION 6. Section 291-31.5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"§291-31.5 Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, electric foot scooters, and mopeds. (a) No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, electric foot scooter, or moped except for:

(1) County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated;

(2) Department of public safety law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of public safety;

(3) Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources; or

(4) Department of transportation division of harbors law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of transportation.

This prohibition shall not apply to factory-installed instrument illumination."

SECTION 7. Section 291C-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

2. By amending the definition of "bicycle" to read:

""Bicycle" means every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle[.]; provided that "bicycle" shall include an electric foot scooter."

3. By amending the definition of "moped" to read: ""Moped" means a device upon which a person may ride [~~which~~] that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the device unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system [~~which~~] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" does not include an electric foot scooter."

4. By amending the definition of "motor vehicle" to read:

""Motor vehicle" means every vehicle [~~which~~] that is self-propelled and every vehicle [~~which~~] that is propelled by electric power but not operated upon rails, but excludes a moped[.] and an electric foot scooter."

5. By amending the definition of "vehicle" to read:

""Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, electric foot scooters, and devices used exclusively upon stationary rails or tracks."

SECTION 8. Section 291C-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person shall drive any vehicle other than a bicycle, electric foot scooter, or moped upon a bicycle lane or bicycle path, except upon a permanent or authorized temporary driveway, or park any vehicle upon a bicycle lane or bicycle path; provided that any vehicle may be driven or parked in a bicycle lane or bicycle path as applicable if:

(1) It is in the process of executing a legal turn, lane change, or parking maneuver;

(2) It is an authorized emergency vehicle performing the functions under section 291C-26;

(3) It is an official federal, state, or county vehicle in the performance of its actual duty;

(4) It is a stalled or broken vehicle;

(5) It is necessary to assist a stalled or broken vehicle;

(6) It is necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or

(7) It is otherwise provided by law."

SECTION 9. Section 291C-141, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) These regulations applicable to bicycles and electric foot scooters shall apply whenever a bicycle or an electric foot scooter is operated upon any highway or upon any bicycle path set aside for the preferential or exclusive use of bicycles or electric foot scooters subject to those exceptions stated herein."

SECTION 10. Section 707-700, Hawaii Revised Statutes, is amended by amending the definition of "vulnerable user" to read as follows:

""Vulnerable user" means:

(1) A pedestrian legally within a street or public highway;

(2) A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to:

(a) Construction and maintenance workers; and

(b) Police, fire, and other emergency responders; or

(3) A person legally operating any of the following within the street or public highway:

(a) A bicycle;

(b) An electric foot scooter;

[~~(b)~~] (c) A moped;

[~~(c)~~] (d) An electric personal assistive mobility device; or

[~~(d)~~] (e) A wheelchair conveyance or other personal mobility device."

SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	754
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII		S.D. 1