HB 515: RELATING TO TRANSPORTATION.

HOUSE OF REPRESENTATIVES	H.B. NO.	515
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to TRANSPORTATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Electric bicycles have become widely available for personal transportation and are popular among all ages.  Hawaii’s law defines electric bicycles as a “low-speed bicycle” with an assisted maximum speed of less than twenty miles per hour.  Despite this, riders often make modifications to electric bicycles with an aftermarket delimiter allowing them to reach speeds of over thirty miles per hour, which is nearly ten times faster than the average walking speed of a person.  While electric bicycles are more convenient and affordable than automobiles, they can pose a serious safety hazard when ridden on sidewalks and public roadways, especially by youth.  

Currently, persons under the age of fifteen cannot operate an electric bicycle by law; yet most e-bikes are ridden by adolescents between the ages of twelve and seventeen.  From 2022 to 2023, the volume of children arriving at Kapiolani Medical Center for Women and Children with injuries from e-bikes doubled, while in the second quarter of 2024, e-bikes were the most common cause of injury among children treated at their trauma center.

The legislature finds in the wake of a recent surge in ridership accidents and the increasing use among youth, it is critical to address this issue with stricter enforcement.  Accordingly, the purpose of this Act is to:

     (1)  Categorize electric bicycles into three classes based on speed and operation;

     (2)  Establish more stringent regulations for electric bicycles;

     (3)  Require electric bicycle manufacturers and distributors to apply a label to each electric bicycle specifying the classification number, top assisted speed, and motor wattage of the electric bicycle;

     (4)  Require Class 3 electric bicycle operators to comply with licensure and insurance requirements similar to that of moped and motorcycle drivers.

     SECTION 2.  Chapter 291C-143.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291C-143.5[]]  [Low-speed electric] Electric bicycles[; operator age].  (a)  This section shall apply whenever an electric bicycle is operated upon any highway, street, roadway, or other designated public area set aside for the use of electric bicycles.

     (b)  No person under the age of fifteen shall operate [a low-speed] an electric bicycle [as defined under title 15 United States Code section 2085.] on a highway, street, roadway, or any other public property in the State.

     (c)  No person shall operate an electric bicycle that is carrying any other person, nor shall any person other than the operator ride upon an electric bicycle.

     (d)  No person operating an electric bicycle shall carry any package, bundle, or article which prevents the use of both hands in the control and operation of the bicycle.  A person operating an electric bicycle shall keep at least one hand on the handlebars at all times.

     (e)  No person shall operate an electric bicycle 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 bicycle at a speed greater than twenty-eight miles per hour.

     (f)  Any person who operates an electric bicycle recklessly in disregard of the safety of persons or property shall be assessed penalties as set forth in section 291C-161(b).

     (g)  Any electric bicycle 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 bicycle shall be equipped with a lighted lamp that is visible from the rear.

     (h)  No person shall operate an electric bicycle 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.

     (i)  No electric bicycle shall be operated on a sidewalk, sidewalk area, pedestrian overpass, or pedestrian underpass, except as may be authorized by ordinances or rules adopted by the county.

     (j)  No person shall tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, or the label indicating the classification number.

     (k)  No person shall operate an electric bicycle after January 1, 2029 unless the electric bicycle has affixed thereto in a prominent location, a manufacturer's label providing the classification number, top assisted speed, and motor wattage of the electric bicycle.

     (l)  The counties by ordinance may impose restrictions and conditions for the regulation and safe operation of electric bicycles with regard to, but not limited to, the following:

     (1)  Operations in or upon roadways, bikeways, bicycle paths, and sidewalks;

     (2)  Restrictions on maximum speed;

     (3)  Safety considerations; and

     (4)  Hours of operation.

     SECTION 3.  Chapter 293, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§293-    Electric bicycle manufacturers and distributors; label required.  On and after January 1, 2027, 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 classification number, top assisted speed, and motor wattage of the electric bicycle.  The label must be printed in Arial font of at least nine-point type.  By January 1, 2027, manufacturer and distributors shall establish a process by which an owner of an electric bicycle may request and obtain a manufacturer's label applicable to the electric bicycle purchased prior to January 1, 2027."

     SECTION 4.  Section 291C-1, Hawaii Revised Statutes, is amended as follows:

     1.  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]."

      2.  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 device, 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 bicycle."

     3.  By adding a new definition to be appropriately inserted and to read:

     ""Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of seven hundred fifty watts or less that meets the requirements of one of the following three classes:

     (1)  Class one electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour;

     (2)  Class two electric bicycle, which is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour; or

     (3)  Class three electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour."

     SECTION 5.  Section 249-1, Hawaii Revised Statutes, is amended as follows:

     1.  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]."

      2.  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 device, 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 bicycle."

     3.  By adding a new definition to be appropriately inserted and to read:

     ""Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of seven hundred fifty watts or less that meets the requirements of one of the following three classes:

     (1)  Class one electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour;

     (2)  Class two electric bicycle, which is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour; or

     (3)  Class three electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour."

     SECTION 6.  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."

     SECTION 7.  Section 286-2, Hawaii Revised Statutes, is amended as follows:

     1.  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]."

      2.  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 bicycle."

     3.  By adding a new definition to be appropriately inserted and to read:

     ""Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of seven hundred fifty watts or less that meets the requirements of one of the following three classes:

     (1)  Class one electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour;

     (2)  Class two electric bicycle, which is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour; or

     (3)  Class three electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour."

     SECTION 8.  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 foot scooter;

          (d)  An electric personal assistive mobility device; or

          (e)  A wheelchair conveyance or other personal mobility device[.]; or

          (f)  An electric bicycle."

     SECTION 9.  Section 286-102, Hawaii Revised Statutes, is amended to read as follows:

     "§286-102  Licensing.  (a)  No person, except one:

     (1)  Exempted under section 286‑105;

     (2)  Who holds an instruction permit under section 286‑110;

     (3)  Who holds a limited purpose driver's license, limited purpose provisional driver's license, or limited purpose instruction permit under section 286-104.5;

     (4)  Who holds a provisional license under section 286‑102.6;

     (5)  Who holds a commercial driver's license issued under section 286‑239; or

     (6)  Who holds a commercial driver's license instruction permit issued under section 286‑236,

shall operate any category of motor vehicles listed in this section without first being appropriately examined and duly licensed as a qualified driver of that category of motor vehicles.

     (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 motor scooters;

     (3)  Class three electric bicycles;

    [(3)] (4)  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

    [(4)](5)   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.

     (c)  No person shall receive a driver's license without surrendering to the examiner of drivers all valid driver's licenses and all valid identification cards in the person's possession.  All licenses and identification cards so surrendered shall be shredded; provided that with the exception of driver's licenses issued by any Canadian province, a foreign driver's license may be returned to the owner after being invalidated pursuant to issuance of a Hawaii license; provided further that the examiner of drivers shall notify the authority that issued the foreign license that the license has been invalidated and returned because the owner is now licensed in this State; and provided further that all commercial driver's licenses that are surrendered shall be shredded.  No person shall be permitted to hold more than one valid driver's license at any time.

     (d)  Before issuing a driver's license, the examiner of drivers shall complete a check of the applicant's driving record to determine whether the applicant is subject to any disqualification under section 286-240, or any license suspension, revocation, or cancellation, and whether the applicant has a driver's license from more than one state or jurisdiction.  The record check shall include but is not limited to the following:

     (1)  A check of the applicant's driving record as maintained by the applicant's state or jurisdiction of licensure;

     (2)  A check with the commercial driver license information system;

     (3)  A check with the National Driver Register; and

     (4)  If the driver is renewing a commercial driver's license for the first time after September 30, 2002, a request for the applicant's complete driving record from all states where the applicant was previously licensed to drive any motor vehicle over the last ten years; provided that a notation is made on the driving record confirming the check has been made and the date it was done.

     (e)  Notwithstanding sections 291E-61.6 and [291E-44.5], in addition to other qualifications and conditions by or pursuant to this part, the right of an individual to hold a motor vehicle operator's license or permit issued by the county is subject to the requirements of section 576D-13.

     Upon receipt of certification from the child support enforcement agency pursuant to section 576D-13 that an obligor or individual who owns or operates a motor vehicle is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, the examiner of drivers shall suspend the license and right to operate motor vehicles and confiscate the license of the obligor.  The examiner of drivers shall not reinstate an obligor's or individual's license until the child support enforcement agency, the office of child support hearings, or the family court issues an authorization that states the obligor or individual is in compliance with an order of support or has complied with a subpoena or warrant relating to a paternity or child support hearing.

     The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section. "

     SECTION 10.  Section 286-108, Hawaii Revised Statutes, is amended to read as follows:

     "§286-108  Examination of applicants.  (a)  Except as provided in section 286-107.5(a), the examiner of drivers shall examine every applicant for a driver's license, except as otherwise provided in this part.  The examination shall include a test of:

     (1)  The applicant's eyesight and any further physical examination that the examiner of drivers finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways;

     (2)  The applicant's ability to understand highway signs regulating, warning, and directing traffic;

     (3)  The applicant's knowledge of the rules of the road based on the traffic laws of the State and the traffic ordinances of the county where the applicant resides or intends to operate a motor vehicle; provided that the examination shall specifically test the applicant's knowledge of the provisions of section 291C-121.5 and section 291C-137; and

     (4)  The actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle.

The examinations shall be appropriate to the operation of the category of motor vehicle for which the applicant seeks to be licensed and shall be conducted as required by the director.

     The examiner of drivers shall require every applicant to comply with section 286-102.5.

     The examiner of drivers may waive the actual demonstration of ability to operate a motorcycle, [or] motor scooter, or class three electric bicycle for any person who furnishes evidence, to the satisfaction of the examiner of drivers, that the person has completed the motorcycle education course approved by the director in accordance with section 431:10G-104.

     For the purposes of this section, the term "applicant" does not include any person reactivating a license under section 286-107.5(a).

     (b)  The examiner of drivers shall require proof from every applicant under the age of eighteen that the applicant has completed a driver education program and a behind-the-wheel driver training course certified by the director of transportation.  The examiner of drivers shall not examine any applicant for a provisional license who is sixteen through seventeen years of age unless the applicant holds and has held a valid instruction permit under section 286-110, for a period of no fewer than one hundred eighty days.  If the applicant's instruction permit has expired and a new instruction permit was issued within thirty days of its expiration, the examiner of drivers may examine the applicant without requiring an additional one hundred eighty day period.

     (c)  The examiner of drivers may waive the written or oral examination required under subsection (a)(2) and (3) and the actual demonstration of ability to operate a motor vehicle for any person who:

     (1)  Is at least eighteen years of age and who possesses a valid driver's license issued to the applicant in any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for the operation of vehicles in categories 1 through 3 of section 286-102;

     (2)  Has completed the same requirements as set forth in section 286-102.6(f) in another state and possesses a valid provisional license from that state; or

     (3)  Is at least eighteen years of age and who possesses a valid driver's license issued to the applicant in any jurisdiction for which the director has granted reciprocal licensing privileges in accordance with section 286-101.5 for the operation of vehicles in category (3) of section 286-102(b).

     (d)  As part of the examination required by this section, the applicant for a driver's license shall produce and display a valid motor vehicle or liability insurance identification card for the motor vehicle required by sections 431:10C-107 and 431:10G-106, when the applicant demonstrates the ability to operate a motor vehicle to the satisfaction of the examiner of drivers.  If no valid motor vehicle or liability insurance identification card is displayed, the examiner of drivers shall not issue a driver's license to the applicant."

SECTION 11.  The department of transportation shall develop statewide safety and training programs 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 safety and training programs shall be developed in collaboration with relevant stakeholders.

     SECTION 12.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 13.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 14.  This Act shall take effect on July 1, 2025; provided that:

     (1)  Section 2(k) shall take effect on January 1, 2029; and

     (2)  Section 3 shall take effect on January 1, 2027.

 

 

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Electric Bicycles; Classification; Regulations; Labeling

 

Description:

Categorizes electric bicycles into three classes based on speed and operation. Establishes regulations for electric bicycles.  Requires electric bicycle manufacturers and distributors to apply a label to each electric bicycle specifying the classification number, top assisted speed, and motor wattage of the electric bicycle.  Imposes licensure and insurance requirements for class three electric bicycles.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.