SB 745: RELATING TO ELECTRIC BICYCLES.

A BILL FOR AN ACT

RELATING TO ELECTRIC BICYCLES.

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

     SECTION 1.  Section 291C-150, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291C-150[]]  Bicycle helmets.  (a)  No person under sixteen years of age shall operate a bicycle upon a street, 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:

     (1)  Is under eighteen years of age and who operates a high-speed electric bicycle upon a street, bikeway, or any other public property; or

     (2)  Rides upon a bicycle while in a restraining seat that is attached to the bicycle, or in a trailer towed by the bicycle;

shall wear 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.

     [(b)] (c)  A person who provides bicycles for hire shall not rent a bicycle to any person unless every person who is under age sixteen 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.

     [(c)] (d)  A violation of this section is punishable by a fine of not more than $25.  The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be liable for the amount of the fine imposed pursuant to this section.

     [(d)] (e)  Notwithstanding any law to the contrary, the fines collected for a violation of this section shall be paid into the state treasury to the credit of the state general fund."

     SECTION 2.  Section 291C-1, Hawaii Revised Statutes, is amended as follows:

     (1)  By adding the definition of "high-speed electric bicycle" to read:

     ""High-speed electric bicycle" means a two- or three‑wheeled vehicle with an electric motor of seven hundred fifty watts or one horsepower or more, having a maximum speed on a paved level surface, when powered solely by the motor, of twenty miles per hour or more."

     (2)  By amending the definition of "motorcycle" to read:

     ""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.], including a high-speed electric bicycle.  "Motorcycle" does not include a farm tractor or moped."

     SECTION 3.  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.

     (3)  A high-speed electric bicycle, as defined in section 291C-1."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

High-Speed Electric Bicycle; Motorcycle; Helmet; License; Safety; Traffic Code

Description:

Requires all riders of a high-speed electric bicycle who are under 18 years of age or in a restraining seat or trailer towed by the bicycle to wear a safety helmet.  Requires licensure of high-speed electric bicycle operators.  Defines "high-speed electric bicycle."

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