Bill Text: HI HB2499 | 2018 | Regular Session | Amended
Bill Title: Relating To Low-speed Electric Bicycles.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced - Dead) 2018-02-14 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Souki excused (1). [HB2499 Detail]
Download: Hawaii-2018-HB2499-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2499 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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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 definitions of "bicycle", "moped", "motor vehicle", and "vehicle" to read as follows:
""Bicycle" means [every
device]:
(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(b).
"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[.], but excludes low-speed electric bicycles.
"Motor vehicle" means
every vehicle which is self-propelled and every vehicle which is propelled by
electric power but which is not operated upon rails, but excludes mopeds[.]
and low-speed electric bicycles.
"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 [and], mopeds[.],
and low-speed electric bicycles."
SECTION 2. Section 286-2, Hawaii Revised Statutes, is amended by amending the definitions of "bicycle", "moped", "motor vehicle", and "vehicle" to read as follows:
""Bicycle" means [every
device]:
(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(b).
"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[.], but excludes low-speed electric bicycles.
"Motor vehicle" means
every vehicle which is self-propelled and every vehicle which is propelled by
electric power but which is not operated upon rails, but excludes a moped[.]
and a low-speed electric bicycle.
"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 [and], mopeds[.],
and low-speed electric bicycles."
SECTION 3. Section 291C-1, Hawaii Revised Statutes, is amended by amending the definitions of "bicycle", "moped", and "motor vehicle" to read as follows:
""Bicycle"
means [every vehicle]:
(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(b).
"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[.], but
excludes low-speed electric bicycles.
"Motor
vehicle" means every vehicle which is self-propelled and every vehicle
which is propelled by electric power but not operated upon rails but excludes a
moped[.] and a low-speed electric bicycle."
SECTION 4. Section 291C-148, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Unless otherwise prohibited, 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[.]; provided further that low-speed electric bicycle riding
shall be prohibited on all sidewalks."
SECTION 5. Section 293-1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§293-1[]] Defacing serial numbers, etc., of bicycles. (a)
It shall be unlawful for any person to wilfully deface, destroy, or
alter the serial number, a component part number, or identification mark of any
bicycle, including a low-speed electric bicycle as defined under title 15
United States Code section 2085(b), so placed or stamped on any bicycle by
the manufacturer for the purpose of identifying the bicycle or its component
parts.
(b) This section does not prohibit the restoration by an owner of an original mark or number, when the restoration is authorized in writing by the county treasurer or director of finance, nor prevent any manufacturer from placing in the ordinary course of business, numbers or marks upon new bicycles or new parts thereof.
(c) Violation of this section shall be a misdemeanor and shall result in a fine of not more than $500."
SECTION 6. Section 293-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§293-2[]] Bicycle dealers, records required. All persons selling new bicycles [to
others], including a low-speed electric bicycle as defined under title
15 United States Code section 2085(b), as a business shall keep a record
for four years after the sale of a bicycle of the name of the purchaser, and
the serial number, description, and make of the bicycle sold to the
purchaser. This record may be inspected
by the police during reasonable business hours."
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
Report Title:
Low-speed Electric Bicycles; Bicycles
Description:
Clarifies the definition of "bicycle" for purposes of county vehicular taxes, highway safety laws, statewide traffic code, and bicycle laws by adding "low-speed electric bicycles" to the laws and defining low-speed electric bicycles. Excludes low-speed electric bicycles from the definitions of "moped", "motor vehicle", and "vehicle." Prohibits low-speed electric bicycle riding on all sidewalks. (HB2499 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.