Bill Text: HI SB267 | 2023 | Regular Session | Introduced
Bill Title: Relating To Low-speed Electric Bicycles.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-01-23 - Referred to TCA, JDC. [SB267 Detail]
Download: Hawaii-2023-SB267-Introduced.html
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THE SENATE |
S.B. NO. |
267 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to low-speed electric bicycles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 249-1, Hawaii Revised
Statutes, is amended by amending the definition of "moped" to read:
""Moped" means a device upon which a person may
ride 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 that 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.]
scooters or low-speed electric bicycles, as defined under title 15 United
States Code section 2085."
SECTION 2.
Section 286-2, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "moped" to read:
""Moped" means a device upon which a person may
ride 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 that 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] 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.]
scooters or low-speed electric bicycles, as defined under title 15 United
States Code section 2085."
2. By
deleting the definition of "bicycle":
(1) A
device propelled solely by human power upon which any person may ride, having
two tandem wheels sixteen inches in diameter or greater, and including any
device generally recognized as a bicycle though equipped with two front or two
rear wheels; or
(2) A
low-speed electric bicycle, as defined under title 15 United States Code
section 2085."]
SECTION 3.
Section 291-21.3, Hawaii Revised Statutes, is amended by adding a new
definition to be appropriately inserted and to read as follows:
"Motorized bicycle" does not include low-speed
electric bicycles, as defined under title 15 United States Code section 2085."
SECTION 4.
Section 291C-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to
be appropriately inserted and to read:
""Low-speed electric bicycle" shall have the
same meaning as in title 15 United States Code section 2085."
2. By amending the definition of
"bicycle" to read:
""Bicycle" means:
(1) A 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; or
(2) A low-speed electric bicycle[, as defined under title 15 United
States Code section 2085]."
3. By amending the definition of
"moped" to read:
""Moped" means a device upon which a person may
ride 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 that 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.]
scooters or low-speed electric bicycles."
SECTION 5.
Section 291C-141, Hawaii Revised Statutes, is amended by amending
subsection (c) to read as follows:
"(c) [These] Except
as otherwise provided in section 291C‑143.5, these regulations
applicable to bicycles shall apply whenever a bicycle is operated upon any
highway or upon any bicycle path set aside for the preferential or exclusive
use of bicycles subject to those exceptions stated herein."
SECTION 6.
Section 291C-143, Hawaii Revised Statutes, is amended by amending
subsection (b) to read as follows:
"(b) [No] Except
as otherwise provided in section 291C‑143.5, no bicycle shall be used
to carry more persons at one time than the number for which it is designed and
equipped."
SECTION 7.
Section 291C-143.5, Hawaii Revised Statutes, is amended to read as
follows:
"[[]§291C-143.5[]]
Low-speed electric bicycles[; operator age].
(a) This section shall apply
whenever a low-speed electric bicycle is operated upon any highway, street,
roadway, or other designated public area set aside for the use of low‑speed
electric bicycles.
(b) The counties
by ordinance shall regulate operations of low-speed electric bicycles with
regard to, but not limited to, the following:
(1) Operations in or upon roadways,
bikeways, bicycle paths, and sidewalks;
(2) Storage and docking locations;
(3) Restrictions on maximum speed;
(4) Safety considerations; and
(5) Insurance requirements;
provided that no ordinance adopted in
accordance with this subsection shall be less restrictive than the requirements
set forth in this part.
(c) No person under the age of
fifteen shall operate a low-speed electric bicycle [as defined under title
15 United States Code section 2085.] on a highway, street, roadway, or
any other public property in the State.
(d) No person
shall operate a low-speed electric bicycle that is carrying any other person.
(e) No person other than the operator shall ride upon a low-speed electric
bicycle.
(f) Any low-speed
electric bicycle used from thirty minutes after sunset until thirty minutes
before sunrise shall meet the specifications of, and requirements for, lamps
and other equipment on bicycles as set forth in section 291C-147.
(g) No person
shall operate a low-speed electric bicycle:
(1) At a speed other than is reasonable and prudent; provided that no person
shall operate a low-speed electric bicycle at a speed greater than fifteen
miles per hour; and
(2) Without having regard to the actual and potential hazards and conditions
then existing.
(h) Any person who
operates a low-speed electric bicycle recklessly in disregard for the safety of
persons or property shall be assessed penalties as set forth in section
291C-161(b).
(i) In addition to
any requirements provided under section 291C-150(b), each entity that provides
low-speed electric bicycles for hire shall provide to each renter or lessee a
copy of the low-speed electric bicycle ordinances or rules that have been
adopted by the applicable county.
(j) Low-speed
electric bicycles shall only be stored or docked at specific locations that
shall be authorized by the counties."
SECTION 8. Section 291C-147,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:
"(b) Every bicycle,
except low-speed electric bicycled, shall be equipped with a red reflector
at least four square inches in size [which] that shall be visible
for six hundred feet to the rear when directly in front of lawful lower beams
of head lamps on a motor vehicle. Every
low-speed electric bicycle shall be equipped with a lighted lamp that is
visible from the read."
SECTION 9.
Section 291C-148, Hawaii Revised Statutes, is amended by amending
subsections (b) and (c) to read as follows:
"(b) [Unless] Except
as otherwise provided in section 291C-143.5 or otherwise prohibited[,]
by law, rule, or ordinance, a bicycle may be driven at a speed of ten
miles per hour or less on a sidewalk or sidewalk area; provided that the driver
of the bicycle shall yield the right-of-way to any pedestrian and that bicycle
riding shall be prohibited on sidewalks in business districts.
(c) This section shall not be
construed as preempting the director of transportation's or counties' authority
to control parking on sidewalks under [section] sections
291C-114[.] and 291C-143.5.
Nor shall this section be construed as prohibiting the director or a
county from authorizing parking on sidewalks when the authorization is
promulgated in accordance with [section] sections 291C-114[.]
or 291C-143.5."
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) A moped;
(c) An electric foot scooter;
(d) An electric personal assistive mobility device; [or]
(e) A wheelchair conveyance or other personal mobility device[.]; or
(f) A low-speed electric bicycle, as defined under title 15 United States
Code section 2085."
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 upon its approval.
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INTRODUCED
BY: |
_____________________________ |
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Report Title:
Transportation; Low-Speed Electric Bicycles; Regulations
Description:
Amends various definitions of
"moped" throughout the Hawaii Revised Statutes to exclude low-speed
electric bicycles. Deletes an unused
term from Chapter 286, Hawaii Revised Statutes.
Establishes regulations for low-speed electric bicycles and clarifies
the applicability of certain conflicting regulations that are applicable to all
bicycles.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
