Report Title:

Moped

Description:

Exempts certain three-wheeled mopeds from passenger and seating restrictions on the operation of mopeds. Places additional restrictions on three-wheeled mopeds.  (CD1)

THE SENATE	S.B. NO.	1709
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 2
		C.D. 1

A BILL FOR AN ACT

RELATING TO MOPEDS.

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

     SECTION 1.  Section 291C-195, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-195  Driving of mopeds.  (a)  No person [less] younger than fifteen years of age shall drive a moped on a highway, street, roadway, or any other public property in the State.  No person [less] younger than eighteen years of age shall drive a moped unless the person wears a safety helmet securely fastened with a chin strap.  The safety helmet shall meet the specifications and requirements established by rules adopted by the director.

     (b)  No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.

     (c)  No person shall drive a moped [which] that is carrying any other person nor shall any person other than the driver ride upon a moped.

(d)  Subsections (b) and (c) shall not apply to three-wheeled mopeds designed to carry a driver and passenger seated side by side.  The driver of a three-wheeled moped shall have bodily injury and property damage insurance but shall not be required to have personal injury protection insurance."

     SECTION 2.  Section 291C-196, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-196  Driving mopeds on roadways.  (a)  Every person driving a moped 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 side 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 or edge;

     (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 moped may ride as near to the left-hand side of the roadway as practicable.

     (b)  Persons driving mopeds upon a roadway shall drive in single file.

     (c)  No person shall drive a moped on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a moped on any path or other area intended for the exclusive use of pedestrians.

(d)  Three-wheeled mopeds shall:

(1) Be operated only on roadways with posted speed limits of thirty-five miles per hour or less; and

(2) Not be operated in bicycle lanes."

     SECTION 3.  Section 291C-197, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Wherever bicycle lanes are provided on the roadway, moped drivers other than three-wheeled moped drivers shall use [such] bicycle lanes."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.