Bill Text: HI SB429 | 2021 | Regular Session | Introduced
Bill Title: Relating To Electric Foot Scooters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-25 - Referred to TRS/PSM, JDC/WAM. [SB429 Detail]
Download: Hawaii-2021-SB429-Introduced.html
THE SENATE |
S.B. NO. |
429 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to electric foot scooters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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. (a)
This section shall apply whenever an electric
foot scooter is operated on any highway, roadway, or other designated public area
set aside for the use of vehicles. Every
person operating an electric foot scooter in these areas shall be granted all of
the rights and shall be subject to all of the duties applicable to a driver of a
vehicle under this chapter, except as to:
(1) Provisions of this section to the contrary; and
(2) Provisions of this chapter which, by their nature,
can have no application.
(b) The counties shall regulate the operation of electric
foot scooters, including the following:
(1) Operations on roadways,
bikeways, bicycle paths, and sidewalks;
(2) Maximum allowable
speed;
(3) Safe operation;
and
(4) Insurance requirements;
provided that no authority adopted in accordance with
this subsection shall be less restrictive than the requirements set forth in this
section.
(c) No person under fifteen years of age shall operate
an electric foot scooter on a highway, street, roadway, or any other public property
in the State. No person under sixteen years
of age shall operate an electric foot scooter unless wearing a safety helmet securely
fastened with a chin strap. The safety helmet
shall meet the specifications and requirements of a bicycle helmet.
(d) No person shall operate an electric foot scooter
while carrying any other person nor shall any person other than the operator ride
on an electric foot scooter.
(e) No person operating an electric foot scooter shall
carry any package, bundle, or article that prevents the use of both hands to control
and operate the electric foot scooter.
(f) 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 reflective material
in section
291C-147(b), every electric foot scooter shall be
equipped with a lighted lamp visible from the rear.
(g) No person shall operate an electric foot scooter
at a speed greater than fifteen miles per hour or at a speed other than is reasonable
and prudent under the conditions and having regard to the actual and potential hazards
then existing.
(h) Any person who operates an electric foot scooter
recklessly in disregard for the safety or persons or property shall be assessed
penalties as set forth in section 291C-161.
(i) A person or entity who provides electric foot scooters
for hire shall not rent or lease an electric foot scooter to any person unless:
(1) Each renter or lessee
that is under fifteen years of age wears a safety helmet while operating the rented
electric foot scooter, as required in subsection (c); and
(2) Each renter or lessee
is provided with a copy of the rules for electric foot scooters as adopted by the
county where the electric foot scooter is operating.
(j) An electric foot scooter shall be registered in a manner similar to a low-speed electric bicycle and shall be subject to a permanent registration fee of $30, paid by the owner to the director of finance."
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 fifty pounds, with two or three wheels, handlebars, and a floorboard that a person can stand upon while riding, that is solely powered by an electric motor or human power, and that has a maximum speed, with or without human propulsion on a paved level surface, of no more than fifteen miles per hour."
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]
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."
SECTION 3. Section 286-2, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Electric foot scooter" has the same meaning as defined in section 249-1."
2. By amending the definition of "moped" to read:
""Moped" [means a
device upon which a person may ride which 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.] has the same meaning as defined in section 249-1."
SECTION 4. 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 5. Section 291C-1, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted at to read:
""Electric foot scooter" has the same meaning as defined in section 249-1."
2. By amending the definition of "moped" to read:
""Moped" [means a
device upon which a person may ride which 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.] has the same meaning as defined in section 249-1."
SECTION 6. 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 7. 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
personal assistive mobility device; [or]
(d) A wheelchair
conveyance or other personal mobility device[.]; or
(e) An
electric foot scooter."
SECTION 8. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
INTRODUCED
BY: |
_____________________________ |
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By Request |
Report Title:
City and County of Honolulu Package; Electric Foot Scooters; Regulation
Description:
Grants electric
foot scooters the same rights and subjects them to the same duties as other vehicles,
with certain exceptions. Applies blue light
prohibition to electric foot scooters. Amends
"vulnerable user" definition to include electric foot scooters. Amends "moped" definition to exclude
electric foot scooters.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.