SB 2136: Electric Bicycles; Electric Micro Mobility Devices; Regulation; Electric Mobility Devices; High-Speed Electric Device; Electric Motorcycles

THE SENATE	S.B. NO.	2136
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

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 two 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-standing or 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 device.

     (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, travel paths, bicycle facilities, and other designated areas, such as streets, highways, and sidewalks.

     (b)  Violation of this section shall constitute a civil 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."

     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:

     (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 not 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 part.

     (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 verbally and in writing disclose 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, department of commerce and consumer affairs, or a county may impose administrative fines not to exceed $500 per violation of noncompliance with this section.  The department of transportation, department of commerce and consumer affairs, or a county may inspect premises or investigate complaints to ensure compliance with this section.

     (f)  The department of transportation, department of commerce and consumer affairs, and each county 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 not 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.

     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 286-2, Hawaii Revised Statutes, is amended 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 7.  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 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 8.  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 that 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 that 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 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 and equipped with a speedometer.

     "Electric bicycle" means a bicycle equipped with fully operable pedals and an electric motor of not more than seven hundred fifty watts.  "Electric bicycle" does not include a high-speed electric device.

     "Electric micro-mobility device" means a device weighing not 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 a two-wheeled electric 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 a moped or motorcycle that can legally be operated on a road or street."

     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 9.  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 10.  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 11.  Section 291C-143.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291C-143.5[]  Low-speed electric bicycles;] Electric bicycle; operator age.  (a)  No person under the age of [fifteen] sixteen shall operate a [low-speed] class 3 electric bicycle [as defined under title 15 United States Code section 2085].

     (b)  A person under the age of fourteen may operate a class 2 electric bicycle only under the direct supervision of a parent, guardian, or a person eighteen years of age or older.

     (c)  For the purposes of this section, "direct supervision" means a supervising parent, guardian, or person eighteen years of age or older who is physically present and in reasonable proximity to observe and control the operation of the electric bicycle."

     SECTION 12.  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 or class 3 electric bicycle on any sidewalk[.]; provided that a person may ride a class 1 electric bicycle or class 2 electric bicycle on a sidewalk at a speed not exceeding ten miles per hour, except in business districts or where prohibited by county ordinance.  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 13.  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 also applies 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 14.  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 15.  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, are amended by substituting the word "motor-driven cycle", or similar term, wherever the word "motor scooter", or similar term, appears, as the context requires.

     SECTION 16.  Nothing in this Act shall be construed to prohibit the use of mobility devices, as defined in the Americans with Disabilities Act.

     SECTION 17.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 18.  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 19.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 20.  This Act shall take effect on upon its approval; provided that section 2 shall take effect on December 31, 2026.

 

INTRODUCED BY:	_____________________________

 

 

 

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".  Defines "electric micro-mobility device" and requires the same regulations as electric foot scooters to apply to electric micro-mobility devices.  Prohibits a person under the age of sixteen from operating a class 3 electric bicycle.  Authorizes a person under the age of fourteen to operate class 2 electric bicycles under supervision.  Prohibits a person from riding a class 3 electric bicycle on a sidewalk.  Authorizes a person to ride a class 1 or class 2 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 word "motor-driven cycle" with the word "motor scooter". 

 

 

 

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