HB 2021

HOUSE OF REPRESENTATIVES
H.B. NO.
2021
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
S.D. 2
C.D. 1
A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Chapter 291C,
Hawaii Revised Statutes, is amended by adding three new sections to part XII to
be appropriately designated and to read as follows:
���� "�291C-   � Safe
riding behavior; electric bicycles.� (a)� All electric bicycles shall be operated with
all wheels on the ground at all times with the operator facing forward and
seated normally; provided that it shall not be a violation of this subsection
if the wheels lose contact with the ground briefly due to the conditions of the
road surface or other circumstances beyond the control of the operator.
���� (b)�
The following shall be prohibited while operating an electric bicycle:
���� (1)� Operating an
electric bicycle in an unsafe manner or engaging in exhibition riding, such as wheelies or stunts, on any public
street, alley, or other public right-of-way; provided that this paragraph shall
not apply to a person engaging in exhibition riding as part of a parade,
tournament, or other activity permitted by a state or county government agency;
���� (2)� Standing or
kneeling on any seat, riding on the handlebars, or engaging in any other non-standard
riding position; and
���� (3)� Engaging in any
other maneuver that endangers the operator, passenger, or the general public,
or that demonstrates reckless or negligent operation of the electric bicycle.
���� (c)� The department of transportation and each
county may adopt rules pursuant to chapter 91 to define additional unsafe or
reckless behaviors consistent with this section.
���� �291C-   � Operating a high-speed electric device.� (a)�
No person shall operate a high-speed electric device on a public
roadway, a bicycle lane, a travel path, a bicycle facility, or other public
area, such as a street, highway, or sidewalk.
���� (b)�
Violation of this section shall constitute a traffic infraction pursuant
to chapter 291D.� In the case of a
violator under the age of eighteen, enforcement may be applied against the
parent or legal guardian or addressed through non-monetary corrective action.
���� �291C-   � Electric bicycles; insurance exemption.� Nothing in this chapter shall be construed
to require insurance for the operation of a road-legal, permitted, and
classified electric bicycle."
���� SECTION 2.� 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 bicycle regulations; labels;
signage; public information.� (a)� Manufacturers and distributors of electric
bicycles shall apply a label that is permanently affixed, in a prominent
location, to each electric bicycle.� The
label shall contain the electric bicycle's:
���� (1)� Classification
number (class 1, 2, or 3);
���� (2)� Top assisted
speed; and
���� (3)� Motor wattage.
���� No person shall alter, deface, or remove
a label required pursuant to this subsection.
���� (b)� Distributors of electric bicycles shall place
a sign at or near the point of sale with wording substantially similar to the
following in all capital letters and printed in no less than fourteen-point
font:
"THE SALE AND
OPERATION OF ELECTRIC BICYCLES IS REGULATED UNDER CHAPTER 291C, HAWAII REVISED
STATUTES. CERTAIN USES AND RIDERS MAY BE RESTRICTED BY LAW."
���� (c)� Distributors of electric bicycles shall
provide to the purchaser of an electric bicycle a booklet or pamphlet detailing
the associated state laws regulating the use of electric bicycles in this
chapter.
���� (d)� Sellers and distributors, including online or
third‑party platform sellers and distributors delivering or offering for
delivery to the State, of electric bicycles shall disclose in writing whether
the electric bicycle being sold is legal for use on public roads, sidewalks, or
bikes lanes.� Disclosures shall include
registration, equipment, helmet, and age requirements.
���� (e)� The department of transportation may impose
administrative fines not to exceed $500 per violation of noncompliance with
this section.� The department of
transportation may inspect premises of manufacturers, distributors, or sellers
or investigate complaints to ensure compliance with this section.
���� (f)� The department of transportation shall adopt
rules pursuant to chapter 91 to carry out the purpose of this section."
���� SECTION 3.� Chapter 291C, Hawaii Revised Statutes, is
amended by adding a new section to part XVI to be appropriately designated and
to read as follows:
���� "�291C-   � Driving
mopeds and electric motorcycles on bicycle lanes and paths; prohibited.� (a)� No person shall operate a moped
or electric motorcycle on a bicycle path, bicycle lane, or any other path or
roadway designated for bicycle use.
���� (b)� For purposes of this section, "electric
motorcycle" means a two- or three-wheeled vehicle equipped with an
electric motor capable of exceeding a speed of twenty-eight miles per hour on
level ground, and that may be legally operated on public roadways under the
same licensing, registration, and insurance requirements applicable to
motorcycles under state law."
���� SECTION 4.� Section 249-1,
Hawaii Revised Statutes, is amended as follows:
���� 1.�
By adding a new definition to be appropriately inserted and to read:
���� ""Electric
bicycle" means a bicycle equipped with fully operable pedals and an
electric motor of no more than seven hundred fifty watts."
���� 2.�
By amending the definition of "bicycle" to read:
���� ""Bicycle" means:
���� (1)� A device propelled
solely by human power upon which any person may ride, having two tandem wheels [[sixteen]]
twelve 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]]
An electric bicycle[[, as defined under title 15 United States Code
section 2085]]."
���� SECTION 5.� Section 249-14, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
���� "(b)� [[A low-speed]] An electric
bicycle[[, as defined under title 15 United States Code section 2085,]]
shall be required to be registered, and shall be subject to a permanent
registration fee of $30, to be paid by the owners thereof to the director of
finance.� No person shall operate an
electric bicycle on a public roadway, sidewalk, or bicycle facility unless it
has been properly registered pursuant to this subsection.� Failure to register may result in citation or
temporary impoundment by a law enforcement officer or designated official
pursuant to section 249-15.
���� The department of transportation
may adopt rules pursuant to chapter 91 to coordinate statewide implementation,
provide uniform forms and guidance, and support public education and outreach
on the registration requirement for electric bicycles pursuant to this
subsection."
���� SECTION 6.� Section 249-15,
Hawaii Revised Statutes, is amended to read as follows:
���� "�249-15� Seizure and sale.� (a)� The directors of finance, any person
authoritatively acting on behalf of the director of finance, or any member of a
police force of the several counties of the State may seize any bicycle or
moped liable for the payment of the required fees or which has no tag or decal
affixed as required by section 249-14 for bicycles, or license plate and tag or
emblem affixed as required by section 249‑14.1 for mopeds, and may hold
the bicycle or moped for a period of ten days, during which time it shall be
subject to redemption by its owner on payment of the fee due and a penalty of
$25.� All bicycles and mopeds not so
redeemed shall be sold by the county chief of police or director of finance or
their authorized representative, at public auction after first giving five days
public notice of the time and place of sale in the county where the sale is to
be held.� Sale shall be made for the best
price obtainable, which amount shall be forthwith paid over to the director of
finance, accompanied by a statement containing a description of the bicycles or
mopeds, their serial number, makes, and any other marks of identification.� The director of finance, after deducting from
the amount so received the amount of the fee and penalty due and costs of
giving public notice, shall pay any surplus to the previous registered owners
of the bicycles or mopeds.� If at the
expiration of ninety days the previous registered owners remain unknown, the
surplus shall be paid into the treasury of the county, as a government
realization, and all claims to the sums shall be forever barred.
���� (b)� The directors of finance, any person
authoritatively acting on behalf of a director of finance, or any member of a
police force of the several counties of the State may seize any non-road-legal or
nonconforming electric bicycle or high-speed electric device, as defined in
section 291C-1, for violations under this chapter or other applicable state
law, including chapters 286 and 291C.
���� (c)� For purposes of this section:
���� "Non-road-legal" means
not authorized for operation on a public roadway under this chapter or other
applicable state law, including chapters 286 and 291C.
���� "Nonconforming" means
not in compliance with the classification, labeling, equipment, or operational
requirements established under chapter 291C.
���� (d)� The department of transportation may adopt
rules pursuant to chapter 91 to further define non-road-legal, nonconforming
electric bicycles or high-speed electric devices for purposes of enforcement of
this section."
���� SECTION 7.� Section 286-2,
Hawaii Revised Statutes, is amended to read as follows:
���� 1.�
By amending the definition of "moped" to read:
���� ""Moped" means a
device upon which a person may ride that has:
���� (1)� Two or three
wheels in contact with the ground;
���� (2)� A motor having a
maximum power output capability measured at the motor output shaft, in
accordance with SAE International 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
���� (3)� A direct or
automatic power drive system 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[[.]] or electric micro-mobility device, as defined in section
291C-1."
���� 2.�
By deleting the definition of "bicycle".
���� ["["Bicycle"
means:]
���� [(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 8.� 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, electric micro-mobility devices, 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, electric
micro-mobility device as defined in section 291C-1, 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 law enforcement vehicles with blue and red lamps, reflectors, or
illumination devices authorized and approved by the director of law
enforcement; or
���� (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.
���� This prohibition shall not apply to
factory-installed instrument
illumination."
���� SECTION 9.� Section 291C-1, Hawaii Revised Statutes, is
amended as follows:
���� 1.�
By adding six new definitions to be appropriately inserted and to read:
���� ""Class 1
electric bicycle" means an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling and ceases to provide
assistance when the bicycle reaches the speed of twenty miles per hour.
���� "Class 2 electric
bicycle" means an electric bicycle equipped with a motor that may be used
exclusively to propel the bicycle and is not capable of providing assistance
when the bicycle reaches the speed of twenty miles per hour.
���� "Class 3 electric
bicycle" means an electric bicycle equipped with:
���� (1)� A motor that
provides assistance only when the rider is pedaling and ceases to provide
assistance when the bicycle reaches the speed of twenty-eight miles per hour;
and
���� (2)� A speedometer.
���� "Electric bicycle"
means a bicycle equipped with fully operable pedals and an electric motor of no
more than seven hundred fifty watts.�
"Electric bicycle" does not include a high-speed electric device.
���� "Electric micro-mobility
device" means a device weighing no more than seventy-five pounds that is
fully or partially motorized and used for personal transportation, such as
one-wheels and electric skateboards.�
"Electric micro-mobility device" does not include electric
bicycles or electric foot scooters.
���� "High-speed electric
device" means any device with a motor exceeding seven hundred fifty watts
and capable of speeds over twenty-eight miles per hour.� "High-speed electric device" does
not include:
���� (1)� A moped or
motor vehicle that is registered as required by law to operate on public
roadways;
���� (2)� A motor vehicle
that is specifically exempted from registration in section 286-41; or
���� (3)� An electric
vehicle as defined in section 196-2."
���� 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]]
An electric bicycle[[, as defined under title 15 United States Code
section 2085]]."
���� SECTION 10.� 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, electric
micro-mobility device, 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[[:]] it
is:
���� (1)� [[It is in]] In
the process of executing a legal turn, lane change, or parking maneuver;
���� (2)� [[It is an]] An
authorized emergency vehicle performing the functions under section 291C-26;
���� (3)� [[It is an]] An
official federal, state, or county vehicle in the performance of its actual
duty;
���� (4)� [[It is a]] A
stalled or broken vehicle;
���� (5)� [[It is
necessary]] Necessary to assist a stalled or broken vehicle;
���� (6)� [[It is
necessary]] Necessary to yield to an authorized emergency vehicle
pursuant to section 291C-65; or
���� (7)� [[It is
otherwise]] Otherwise provided by law."
���� SECTION 11.� Section 291C-139, Hawaii Revised Statutes, is
amended to read as follows:
���� "[[[]]�291C-139[[]]]�
Electric foot scooters[[.]]; electric micro-mobility devices.� (a)� This section shall apply whenever an electric
foot scooter or electric micro-mobility device is operated upon any
highway, street, roadway, or other designated public area set aside for the use
of electric foot scooters[[.]] or electric micro-mobility devices.
���� (b)�
Every person operating an electric foot scooter or electric
micro-mobility device upon a roadway 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 provisions of this:
���� (1)� Section to the
contrary; and
���� (2)� Chapter that, by
their nature, can have no application.
���� (c)�
The counties by ordinance shall regulate operations of electric foot
scooters and electric micro-mobility devices 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 authority adopted in accordance
with this subsection shall be less restrictive than the requirements set forth
in this section.
���� (d)�
No person under fifteen years of age shall operate an electric foot
scooter or electric micro-mobility device on a highway, street, roadway,
or any other public property in the State.�
No person under [[sixteen]] eighteen years of age shall
operate an electric foot scooter or electric micro-mobility device
unless the person wears a safety helmet securely fastened with a chin
strap.� The safety helmet shall meet the
specifications of and requirements for a bicycle helmet as set out in section
291C-150.
���� (e)�
No person shall operate an electric foot scooter or electric
micro-mobility device that is carrying any other person, nor shall any
person other than the operator ride upon an electric foot scooter[[.]] or
electric micro-mobility device.
���� (f)�
No person operating an electric foot scooter or electric
micro-mobility device shall carry any package, bundle, or article that
prevents the use of both hands in the control and operation of the electric
foot scooter[[.]] or electric micro-mobility device.
���� (g)�
Any electric foot scooter or electric micro-mobility device 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 out in section 291C-147; provided that in lieu of the
requirement of section 291C-147(b), every electric foot scooter or electric
micro-mobility device shall be equipped with a lighted lamp that is visible
from the rear.
���� (h)�
No person shall operate an electric foot scooter or electric
micro-mobility device at a speed other than is reasonable and prudent and
having regard to the actual and potential hazards and conditions then existing;
provided that no person shall operate an electric foot scooter or electric
micro-mobility device at a speed greater than fifteen miles per hour.
���� (i)�
Any person who operates an electric foot scooter or electric
micro-mobility device recklessly in disregard of the safety of persons or
property shall be assessed penalties as set forth in section 291C-161(b).
���� (j)�
A person or entity that provides electric foot scooters or electric
micro-mobility devices for hire shall not rent or lease an electric foot
scooter or electric micro-mobility device to any person unless:
���� (1)� Each renter or
lessee that is under the age of [[sixteen]] eighteen wears a safety
helmet, as required by subsection (d), while operating the electric foot
scooter[[;]] or electric micro-mobility device; and
���� (2)� Each renter or
lessee is provided with a copy of the electric foot scooter and electric
micro-mobility device ordinances or rules that have been adopted by the
applicable county.
���� (k)�
Electric foot scooters and electric micro-mobility devices shall
only be stored or docked at specific locations that shall be authorized by the
counties."
���� SECTION 12.� Section 291C-143.5, Hawaii Revised Statutes,
is amended to read as follows:
���� "[[[]]�291C-143.5[[]� Low-speed electric bicycles;]] Electric
bicycles; operator age.� (a)� No person under the age of [[fifteen]] sixteen
shall operate a [[low-speed]] class 2 or class 3 electric bicycle [[as
defined under title 15 United States Code section 2085.]] unless under
the direct supervision of a parent or guardian.
���� (b)�
For purposes of this section, "direct
supervision" means a supervising parent, guardian, or person eighteen
years of age or older is physically present and in reasonable proximity to
observe and control the operation of the electric bicycle."
���� SECTION 13.� Section 291C-145, Hawaii Revised Statutes, is
amended by amending subsection (g) to read as follows:
���� "(g)� No person shall ride a bicycle equipped with
a motor on any sidewalk[[.]]; provided that a person may ride a class 1
electric bicycle, class 2 electric bicycle, or class 3 electric bicycle on a
sidewalk at a speed not exceeding ten miles per hour, except in business
districts or where prohibited by county ordinance; provided that a county may
establish by ordinance additional reasonable restrictions on the operation of
any class of electric bicycle on a sidewalk.� The counties may, by ordinance, post bicycle
lanes and bicycle paths to prevent persons riding a bicycle equipped with a
motor from using them."
���� SECTION 14.� Section
291C-150, Hawaii Revised Statutes, is amended by amending subsections (a) and
(b) to read as follows:
���� "(a)� No person under [[sixteen]] eighteen
years of age shall operate a bicycle upon a street, a bikeway, or any
other public property unless that person is wearing a properly fitted and
fastened bicycle helmet that has been tested by a nationally recognized agency
such as the National Highway Traffic Safety Administration, [[the]]
National Safety Council, or [[the]] Children's Safety Network, and is
designed to fit the user and protect against head trauma.� This requirement shall also [[applies]]
apply to a person who rides upon a bicycle while in a restraining seat
that is attached to the bicycle or who rides in a trailer towed by the bicycle.
���� (b)�
A person who provides bicycles for hire shall not rent a bicycle to any
person unless every person who is under age [[sixteen]] eighteen is
wearing a bicycle helmet, as required in subsection (a), while operating the
rented bicycle, occupying a restraining seat that is attached to the rented
bicycle, or riding in a trailer towed by the rented bicycle."
���� SECTION 15.� Section
291C-197, Hawaii Revised Statutes, is repealed.
���� ["[�291C-197� Driving mopeds on
bicycle lanes and paths.][�
(a)� Wherever bicycle lanes are
provided on the roadway, moped drivers shall use such bicycle lanes.]
���� [(b)� The director of transportation by rule and
the counties by ordinance may with respect to bicycle paths under their
respective jurisdictions restrict or prohibit the use of such bicycle paths by
mopeds.� Signs clearly visible to an
ordinarily observant person indicating the restriction or prohibition shall be
placed along bicycle paths so designated and every moped driver shall obey the
directions thereof.]
���� [(c)�
This section shall not apply to a three-wheeled moped.]"]
���� SECTION 16.� Sections
249-1, 249-9.2, 286-2, 286-81, 286-81.5, 286-102, 286-102.6, 286-108, 286-109,
286-110, 291-11, 291-22, 291-25, 291-31, 291-31.5, 291C-1, 291C-206,
431:10C-103, 431:10C-304, 431:10C-305, 431:10C-408, 431:10G-101, 431:10G-102,
431:10G-103, 431:10G-104, 431:10G-105, 431:10G-106, 431:10G-107, 431:10G-108,
431:10G-201, 431:10G-202, 431:10G-206, 431:10G-301, 437-7, 437B-1, 481I-2, and
604A-2, Hawaii Revised Statutes, and the title of chapter 431, article 10G,
Hawaii Revised Statutes, are amended by substituting the term
"motor-driven cycle", or similar term, wherever the term "motor
scooter", or similar term, appears, as the context requires.
���� SECTION 17.� Nothing in this Act shall be construed to
prohibit the use of mobility devices, as defined in the Americans with
Disabilities Act.
���� SECTION 18.� Each county shall ensure that the definitions
pursuant to section 249-1, Hawaii Revised Statutes, are adopted and updated
annually in its ordinances for the purposes of vehicular tax treatment and
classification.
���� SECTION 19.� This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
���� SECTION 20.� If any provision of this Act, or the application thereof to
any person or circumstance, is held invalid, the invalidity does not affect
other provisions or applications of the Act that can be given effect without
the invalid provision or application, and to this end the provisions of this
Act are severable.
���� SECTION 21.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 22.� This Act shall take effect upon its approval;
provided that section 2 shall take effect one hundred twenty days after the
effective date of this Act, or earlier upon the adoption of rules pursuant to
chapter 91, Hawaii Revised Statutes.
Report Title:
Electric
Bicycles; Electric Micro-mobility Devices; Regulation; Electric Mobility
Devices; High-speed Electric Device; Electric Motorcycles
Description:
Establishes
safe riding behaviors for electric bicycles.�
Prohibits the operation of high-speed electric devices in certain
locations.� Establishes labeling and
signage requirements for electric bicycles.�
Prohibits the operation of a moped or electric motorcycle in certain
locations.� Amends the definition of
"bicycle" for purposes of county vehicular taxes.� Defines "electric bicycle" in place
of "low-speed electric bicycle".�
Authorizes the seizure of non-road-legal or nonconforming electric
bicycles and high-speed electric devices.�
Defines "electric micro-mobility device" and requires the same
regulations as electric foot scooters.�
Prohibits a person under the age of sixteen from operating a class 2 or
class 3 electric bicycle without direct supervision.� Authorizes a person to ride an electric
bicycle on a sidewalk under certain circumstances.� Prohibits a person from operating a bicycle
or electric foot scooter under the age of eighteen without a helmet.� Repeals the requirement that moped drivers
use bicycle lanes.� Substitutes the term
"motor scooter" with the term "motor-driven cycle".� (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.