Hawaii 2024 Regular Session

Hawaii Senate Bill SB2739 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2739 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to transportation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2739
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2739
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to transportation.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§286- Electric rickshaws. (a) Every electric rickshaw, as described in paragraph (3) of the definition of "motorcycle" in section 286-2, operated in the State shall be registered as a motor vehicle as provided in section 286-41. (b) No person shall operate an electric rickshaw on a public street, road, or highway in the State unless the person possesses a valid type 3 driver's license pursuant to section 286-102(b)(3) and the electric rickshaw has been duly registered pursuant to subsection (a). (c) Any occupant of an electric rickshaw not equipped with a front windshield shall wear eye protection. (d) Each occupant of an electric rickshaw shall comply with the seat belt requirements under section 291-11.6. SECTION 2. Section 286-2, Hawaii Revised Statutes, is amended by amending the definition of "motorcycle" to read as follows: ""Motorcycle" means: (1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor and a moped; [or] (2) Every motor vehicle that has a steering wheel or handlebar and seating that does not require the operator to straddle or sit astride on it, is designed to travel on three wheels in contact with the ground, and is called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture[.]; or (3) Every motor vehicle that has a handlebar as its steering mechanism and seating that does not require the operator to straddle or sit astride on the seating; is designed to travel on three wheels in contact with the ground; exclusively uses a motor operated by electricity that produces zero greenhouse gas emissions; is called an electric rickshaw, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture; is capable of reaching a maximum speed of fifty-five miles per hour; has an overall gross weight of 3,000 pounds or less; and is equipped with seating for one driver and six passengers." SECTION 3. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers: (1) Mopeds; (2) Motorcycles, except for autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2[,] and electric rickshaws as described in paragraph (3) of the definition of "motorcycle" in section 286-2, and motor scooters; (3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less, [and] autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2[;], and electric rickshaws as described in paragraph (3) of the definition of "motorcycle" in section 286-2; and (4) All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle. A school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181." SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by amending the definition of "motorcycle" to read as follows: ""Motorcycle" means [every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excludes a farm tractor and a moped.]: (1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor and a moped; (2) Every motor vehicle that has a steering wheel or handlebar and seating that does not require the operator to straddle or sit astride on it, is designed to travel on three wheels in contact with the ground, and is called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture; or (3) Every motor vehicle that has a handlebar as its steering mechanism and seating that does not require the operator to straddle or sit astride on the seating; is designed to travel on three wheels in contact with the ground; exclusively uses a motor operated by electricity that produces zero greenhouse gas emissions; is called an electric rickshaw, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture; is capable of reaching a maximum speed of fifty-five miles per hour; has an overall gross weight of 3,000 pounds or less; and is equipped with seating for one driver and six passengers." SECTION 5. Section 291C-152, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(a) A person operating a motorcycle, except for an electric rickshaw as described in paragraph (3) of the definition of "motorcycle" in section 291C-1, shall ride only upon the permanent and regular seat attached thereto, and [such] the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. Any person operating an electric rickshaw shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor shall any other person ride on an electric rickshaw unless the passenger rides upon a seat firmly attached to the electric rickshaw at the rear of the operator. (b) A person shall ride upon a motorcycle, except for an autocycle[,] or electric rickshaw, only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle. A person shall ride upon an autocycle only while sitting in the seat and facing forward. A person shall ride upon an electric rickshaw only while sitting in a seat and facing forward or backward." SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§286- Electric rickshaws. (a) Every electric rickshaw, as described in paragraph (3) of the definition of "motorcycle" in section 286-2, operated in the State shall be registered as a motor vehicle as provided in section 286-41.
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53	53	(b) No person shall operate an electric rickshaw on a public street, road, or highway in the State unless the person possesses a valid type 3 driver's license pursuant to section 286-102(b)(3) and the electric rickshaw has been duly registered pursuant to subsection (a).
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55	55	(c) Any occupant of an electric rickshaw not equipped with a front windshield shall wear eye protection.
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57	57	(d) Each occupant of an electric rickshaw shall comply with the seat belt requirements under section 291-11.6.
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59	59	SECTION 2. Section 286-2, Hawaii Revised Statutes, is amended by amending the definition of "motorcycle" to read as follows:
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61	61	""Motorcycle" means:
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63	63	(1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor and a moped; [or]
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65	65	(2) Every motor vehicle that has a steering wheel or handlebar and seating that does not require the operator to straddle or sit astride on it, is designed to travel on three wheels in contact with the ground, and is called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture[.]; or
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67	67	(3) Every motor vehicle that has a handlebar as its steering mechanism and seating that does not require the operator to straddle or sit astride on the seating; is designed to travel on three wheels in contact with the ground; exclusively uses a motor operated by electricity that produces zero greenhouse gas emissions; is called an electric rickshaw, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture; is capable of reaching a maximum speed of fifty-five miles per hour; has an overall gross weight of 3,000 pounds or less; and is equipped with seating for one driver and six passengers."
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69	69	SECTION 3. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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71	71	"(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:
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73	73	(1) Mopeds;
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75	75	(2) Motorcycles, except for autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2[,] and electric rickshaws as described in paragraph (3) of the definition of "motorcycle" in section 286-2, and motor scooters;
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77	77	(3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less, [and] autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2[;], and electric rickshaws as described in paragraph (3) of the definition of "motorcycle" in section 286-2; and
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79	79	(4) All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle.
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81	81	A school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181."
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83	83	SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by amending the definition of "motorcycle" to read as follows:
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85	85	""Motorcycle" means [every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excludes a farm tractor and a moped.]:
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87	87	(1) Every motor vehicle that has a handlebar and seating that requires the operator to straddle or sit astride on it and is designed to travel on no more than three wheels in contact with the ground, but excludes a farm tractor and a moped;
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89	89	(2) Every motor vehicle that has a steering wheel or handlebar and seating that does not require the operator to straddle or sit astride on it, is designed to travel on three wheels in contact with the ground, and is called an autocycle, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture; or
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91	91	(3) Every motor vehicle that has a handlebar as its steering mechanism and seating that does not require the operator to straddle or sit astride on the seating; is designed to travel on three wheels in contact with the ground; exclusively uses a motor operated by electricity that produces zero greenhouse gas emissions; is called an electric rickshaw, which is certified by the manufacturer to comply with all applicable Federal Motor Vehicle Safety Standards as of the date of manufacture; is capable of reaching a maximum speed of fifty-five miles per hour; has an overall gross weight of 3,000 pounds or less; and is equipped with seating for one driver and six passengers."
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93	93	SECTION 5. Section 291C-152, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
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95	95	"(a) A person operating a motorcycle, except for an electric rickshaw as described in paragraph (3) of the definition of "motorcycle" in section 291C-1, shall ride only upon the permanent and regular seat attached thereto, and [such] the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. Any person operating an electric rickshaw shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor shall any other person ride on an electric rickshaw unless the passenger rides upon a seat firmly attached to the electric rickshaw at the rear of the operator.
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97	97	(b) A person shall ride upon a motorcycle, except for an autocycle[,] or electric rickshaw, only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle. A person shall ride upon an autocycle only while sitting in the seat and facing forward. A person shall ride upon an electric rickshaw only while sitting in a seat and facing forward or backward."
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99	99	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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101	101	SECTION 7. This Act shall take effect upon its approval.
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105	105	INTRODUCED BY: _____________________________
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107	107	INTRODUCED BY:
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115	115	Report Title: Electric Rickshaw; Motorcycle; Transportation; Registration; Operation Description: Establishes registration and driver's licensing requirements for the operation of electric rickshaws. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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121	121	Report Title:
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123	123	Electric Rickshaw; Motorcycle; Transportation; Registration; Operation
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127	127	Description:
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129	129	Establishes registration and driver's licensing requirements for the operation of electric rickshaws.
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137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.