HB771.DOC

SECTION 1. Chapter 291C, part XII, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C- Vehicles on sidewalks; restrictions. (a) Except as otherwise provided in subsection (b), no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or authorized temporary driveway.

(b) The following vehicles may be driven upon a sidewalk or sidewalk area:

(1) A yoscooter, other than one that is rented or is operated as part of a guided tour; provided that the operator is fifty-five years-of-age or older;

(2) A bicycle as provided by section 291C-148; and

(3) An electric personal assistive mobility device as provided by section 291C-134.5.

(c) This section does not affect and shall not be construed to preempt the authority of the director of transportation or of any county to authorize or otherwise control parking on sidewalks pursuant to section 291C-114."

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

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

""Yoscooter" means an electrically-powered vehicle which has three wheels in contact with the ground and is designed to be operated at speeds of fifteen miles per hour or less."

2. By amending the definitions of "moped", "motorcycle", "motor scooter", "motor vehicle", and "vehicle" to read:

""Moped" means a device upon which a person may ride which has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers 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 which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit. "Moped" excludes a yoscooter."

"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[.], and yoscooter.

"Motor scooter" means every motorcycle which produces not more than five horsepower, and excludes a moped[.] and yoscooter.

"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes a moped[.] and yoscooter.

"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds, yoscooters, and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, and devices used exclusively upon stationary rails or tracks."

SECTION 3. Section 291C-148, Hawaii Revised Statutes, is amended to read as follows:

"§291C-148 Driving [~~upon~~] a bicycle on a sidewalk. [~~(a) Except as provided in subsection (b), no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or authorized temporary driveway.~~

~~(b)~~] Unless otherwise prohibited, a bicycle may be driven at a speed of ten miles per hour or less on a sidewalk or sidewalk area; provided that the driver of the bicycle shall yield the right-of-way to any pedestrian, and [~~that~~] bicycle riding shall be prohibited on sidewalks in business districts.

[(c) This section shall not be construed as preempting the director of transportation's or counties' authority to control parking on sidewalks under section 291C-114. Nor shall this section be construed as prohibiting the director or a county from authorizing parking on sidewalks when the authorization is promulgated in accordance with section 291C-114.]"

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 on July 1, 2009.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	771
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII