| 47 | | - | SECTION 1. The legislature finds that electric bicycles have become widely available for personal transportation and are popular among citizens of all ages. In March 2023, there were five thousand three hundred registered electric bicycles. This figure is potentially higher considering that many owners do not register their bikes, especially if they are purchased online. In December of 2023, the department of transportation reported nine bicyclist fatalities, the highest recorded number of deaths among bicyclists in Hawaii to date. Furthermore, electric bicycles can seriously injure pedestrians in a collision and operators are at risk from motorists who do not expect a small, silent, and motorized device riding near them. The legislature further finds that in the wake of a recent surge in ridership accidents, it is critical to address the unsafe operation of electric bicycles. The purpose of this Act is to: (1) Prohibit the removal of a manufacturer- or factory-installed speed limiting device from an electric bicycle; and (2) Require the department of transportation to develop a traffic safety education program and public awareness campaign to educate the public about general electric bicycle riding safety. SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows: "§286- Speed limiting devices. (a) No person shall: (1) Remove a manufacturer- or factory-installed speed limiting device from an electric bicycle; or (2) Operate an electric bicycle, in which the manufacturer- or factory-installed speed limiting device was removed. (b) For purposes of this section: "Electric bicycle" means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than seven hundred fifty watts that provides propulsion assistance. "Electric bicycle" includes a low-speed electric bicycle, as defined in title 15 United States Code section 2085. "Speed limiting device" means a device or function in an electric bicycle capable of limiting the maximum motive power-controlled speed at which the electric bicycle may operate." SECTION 3. No later than twenty days prior to the convening of the regular session of 2026, the department of transportation shall develop a traffic safety education program and public awareness campaign to educate the public about general electric bicycle riding safety, rules of the road, and laws pertaining to electric bicycles. The department shall inform individuals of the applicable traffic code, safety information, and penalties for violations at the time of registering an electric bicycle. SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for implementation and administration of the traffic safety education program and public awareness campaign required pursuant to section 3 of this Act. The sums appropriated shall be expended by the department of transportation for the purposes of this Act. SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. Electric bicycles have become widely available for personal transportation and are popular among citizens of all ages. In March 2023, there were five thousand three hundred registered electric bicycles. This figure is potentially higher considering that many owners do not register their bikes, especially if they are purchased online. In December of 2023, the department of transportation reported nine bicyclist fatalities, the highest recorded number of deaths among bicyclists in Hawaii to date. Furthermore, electric bicycles can seriously injure pedestrians in a collision and operators are at risk from motorists who do not expect a small, silent, and motorized device riding near them. The legislature finds, in the wake of a recent surge in ridership accidents, it is critical to address the unsafe operation of electric bicycles. The purpose of this Act is to: (1) Prohibit the operation of an electric bicycle on highway, street, roadway, or any other areas designated for motor vehicles; (2) Prohibit reckless or unsafe operation of an electric bicycle; and (3) Prohibit the removal of a manufacturer- or factory-installed speed limiting device from an electric bicycle. SECTION 2. Section 291C-145, Hawaii Revised Statutes, is amended to read as follows: "§291C-145 Riding on roadways and bikeways. (a) Every person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; except under any of the following situations: (1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices; (2) When reasonably necessary to avoid conditions (including but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane; or (3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a bicycle may ride as near to the left-hand curb, on the edge of the roadway, or on the shoulder off of such roadway as practicable. (b) Persons riding bicycles upon a roadway shall ride in single file; provided that where the flow of traffic is unimpeded, riding two abreast upon bicycle lanes and bicycle paths shall be permitted when such lane or path is of sufficient width to allow riding two abreast unless otherwise prohibited by rule or ordinance adopted by the director of transportation or by the counties. (c) Whenever a usable bicycle lane has been provided on a highway, any person operating a bicycle at a speed less than the normal speed of traffic moving in the same direction at such time shall ride within such bicycle lane, except that such person may move out of the lane under any of the following situations: (1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane; (2) When preparing for a left turn at an intersection or into a private road or driveway; or (3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions. (d) No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the event that any vehicle may be affected by the movement. (e) No person shall operate or ride a bicycle within a bicycle lane in any direction except that permitted of vehicular traffic traveling on the same side of the highway. Upon all bicycle paths of sufficient width and providing for two-way movement of bicycle traffic, bicycles proceeding in opposite directions shall pass each other to the right. (f) The director of transportation by rule and the counties by ordinance may with respect to bikeways under their respective jurisdictions restrict or prohibit the use of such bikeways by mopeds. (g) No person shall ride a bicycle equipped with a motor on any sidewalk, highway, street, or roadway. The counties may, by ordinance, post bicycle lanes and bicycle paths to prevent persons riding a bicycle equipped with a motor from using them. (h) Any person violating paragraph (g) shall be subject to the following penalties: (1) A fine of not more than $500 for a first violation; (2) For a violation that occurs within one year of a prior violation, a fine of not more than $1,000 and completion of a traffic safety education program; and (3) For subsequent violations, a fine of not more than $2,000, suspension of privilege to operate an electric bicycle in the State for a period of six months, and completion of a traffic safety education program." SECTION 3. Section 291C-143, Hawaii Revised Statutes, is amended to read as follows: "§291C-143 Riding on bicycles. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereon. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (c) No person shall operate an electric bicycle in an unsafe manner, including but not limited to: (1) Reckless or negligent operation that endangers the operator, pedestrians, or other road users; (2) Operating at speeds exceeding the posted speed limit; and (3) Failing to adhere to traffic signal, signage, or rules applicable to bicycles. (d) Any person violating paragraph (c) shall be subject to the following penalties: (1) A fine of not more than $250 for a first violation; and (2) For a violation that occurs within three months of a prior violation, a fine of not more than $500. (e) For purposes of this section: "Electric bicycle" means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than seven hundred fifty watts that provides propulsion assistance. "Electric bicycle" includes a low-speed electric bicycle, as defined in title 15 United States Code section 2085." SECTION 4. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows: "§286- Speed limiting devices. (a) No person shall: (1) Remove a manufacturer- or factory-installed speed limiting device from an electric bicycle; or (2) Operate an electric bicycle, in which the manufacturer- or factory-installed speed limiting device was removed from the electric bicycle. (b) For purposes of this section: "Electric bicycle" means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than seven hundred fifty watts that provides propulsion assistance. "Electric bicycle" includes a low-speed electric bicycle, as defined in title 15 United States Code section 2085. "Speed limiting device" means a device or function in an electric bicycle capable of limiting the maximum motive power-controlled speed at which the electric bicycle may operate." SECTION 5. The department of transportation shall develop a traffic safety education program and a public awareness campaign to educate the public about general electric bicycle riding safety, rules of the road, and laws pertaining to electric bicycles, no later than twenty days prior to the convening of the regular session of 2026. The department shall inform individuals of the applicable traffic code, safety information, and penalties for violations at the time of registering an electric bicycle. SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for implementation and administration of a traffic safety education program and a public awareness campaign. The sums appropriated shall be expended by the department of transportation for the purposes of this Act. SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 8. New statutory material is underscored. SECTION 9. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________ |
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| 59 | | - | SECTION 2. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows: |
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| 59 | + | (3) Prohibit the removal of a manufacturer- or factory-installed speed limiting device from an electric bicycle. |
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| 60 | + | |
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| 61 | + | SECTION 2. Section 291C-145, Hawaii Revised Statutes, is amended to read as follows: |
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| 62 | + | |
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| 63 | + | "§291C-145 Riding on roadways and bikeways. (a) Every person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; except under any of the following situations: |
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| 64 | + | |
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| 65 | + | (1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices; |
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| 66 | + | |
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| 67 | + | (2) When reasonably necessary to avoid conditions (including but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb, on the edge of the roadway, or on the shoulder off of the roadway. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane; or |
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| 68 | + | |
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| 69 | + | (3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a bicycle may ride as near to the left-hand curb, on the edge of the roadway, or on the shoulder off of such roadway as practicable. |
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| 70 | + | |
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| 71 | + | (b) Persons riding bicycles upon a roadway shall ride in single file; provided that where the flow of traffic is unimpeded, riding two abreast upon bicycle lanes and bicycle paths shall be permitted when such lane or path is of sufficient width to allow riding two abreast unless otherwise prohibited by rule or ordinance adopted by the director of transportation or by the counties. |
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| 72 | + | |
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| 73 | + | (c) Whenever a usable bicycle lane has been provided on a highway, any person operating a bicycle at a speed less than the normal speed of traffic moving in the same direction at such time shall ride within such bicycle lane, except that such person may move out of the lane under any of the following situations: |
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| 74 | + | |
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| 75 | + | (1) When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane; |
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| 76 | + | |
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| 77 | + | (2) When preparing for a left turn at an intersection or into a private road or driveway; or |
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| 78 | + | |
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| 79 | + | (3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions. |
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| 80 | + | |
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| 81 | + | (d) No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the event that any vehicle may be affected by the movement. |
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| 82 | + | |
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| 83 | + | (e) No person shall operate or ride a bicycle within a bicycle lane in any direction except that permitted of vehicular traffic traveling on the same side of the highway. Upon all bicycle paths of sufficient width and providing for two-way movement of bicycle traffic, bicycles proceeding in opposite directions shall pass each other to the right. |
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| 84 | + | |
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| 85 | + | (f) The director of transportation by rule and the counties by ordinance may with respect to bikeways under their respective jurisdictions restrict or prohibit the use of such bikeways by mopeds. |
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| 86 | + | |
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| 87 | + | (g) No person shall ride a bicycle equipped with a motor on any sidewalk, highway, street, or roadway. The counties may, by ordinance, post bicycle lanes and bicycle paths to prevent persons riding a bicycle equipped with a motor from using them. (h) Any person violating paragraph (g) shall be subject to the following penalties: |
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| 88 | + | |
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| 89 | + | (1) A fine of not more than $500 for a first violation; |
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| 90 | + | |
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| 91 | + | (2) For a violation that occurs within one year of a prior violation, a fine of not more than $1,000 and completion of a traffic safety education program; and |
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| 92 | + | |
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| 93 | + | (3) For subsequent violations, a fine of not more than $2,000, suspension of privilege to operate an electric bicycle in the State for a period of six months, and completion of a traffic safety education program." |
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| 94 | + | |
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| 95 | + | SECTION 3. Section 291C-143, Hawaii Revised Statutes, is amended to read as follows: |
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| 96 | + | |
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| 97 | + | "§291C-143 Riding on bicycles. (a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereon. |
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| 98 | + | |
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| 99 | + | (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. |
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| 100 | + | |
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| 101 | + | (c) No person shall operate an electric bicycle in an unsafe manner, including but not limited to: |
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| 102 | + | |
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| 103 | + | (1) Reckless or negligent operation that endangers the operator, pedestrians, or other road users; |
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| 104 | + | |
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| 105 | + | (2) Operating at speeds exceeding the posted speed limit; and |
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| 106 | + | |
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| 107 | + | (3) Failing to adhere to traffic signal, signage, or rules applicable to bicycles. |
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| 108 | + | |
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| 109 | + | (d) Any person violating paragraph (c) shall be subject to the following penalties: |
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| 110 | + | |
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| 111 | + | (1) A fine of not more than $250 for a first violation; and |
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| 112 | + | |
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| 113 | + | (2) For a violation that occurs within three months of a prior violation, a fine of not more than $500. |
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| 114 | + | |
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| 115 | + | (e) For purposes of this section: |
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| 116 | + | |
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| 117 | + | "Electric bicycle" means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than seven hundred fifty watts that provides propulsion assistance. "Electric bicycle" includes a low-speed electric bicycle, as defined in title 15 United States Code section 2085." |
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| 118 | + | |
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| 119 | + | SECTION 4. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows: |
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