STAND. COM. REP. NO.  593

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 349

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 349 entitled:

"A BILL FOR AN ACT RELATING TO COUNTY REGULATION OF COMMERCIAL BICYCLE TOURS,"

begs leave to report as follows:

     The purpose of this bill is to protect the health and safety of bicyclists and motorists by authorizing the counties to regulate both guided and unguided bicycle tour businesses operating on state and county highways, including adopting ordinances that regulate the:

     (1)  Number of tours;

     (2)  Number of bicycles within a tour;

     (3)  Scheduling of tours;

     (4)  Physical spacing of tours;

     (5)  Rules of the road;

     (6)  Health and safety requirements;

     (7)  Equipment maintenance;

     (8)  Driver and guide qualifications;

     (9)  Driver and guide drug testing;

    (10)  Accident procedures and reporting; and

    (11)  Financial responsibility requirements.

     The Department of Transportation (DOT) testified in support of the intent of this bill.  The Small Business Regulatory Review Board, Maui Downhill, Maui Bicycle Safaris Ltd., Maui Bicycle Tour Association, Cruiser Phil's Volcano Riders, and Maui Mountain Cruisers testified in opposition to this measure.

     Current laws do not regulate bicycle tours operating on state or county roadways.  While your Committee notes that these tours provide a valuable service to Hawaii's tourism market, many safety and liability concerns have been raised by a number of individuals at both the State and county level.  Allowing the counties to adopt ordinances that regulate the operations of these tours provides both safety for the bicyclist and for the motorist using the public roadways.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 349 and recommends that it pass Second Reading and be referred to the Committee on Tourism & Culture.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair