STAND. COM. REP. NO.  393

Honolulu, Hawaii

                , 2009

RE:   H.B. No. 771

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 771 entitled:

"A BILL FOR AN ACT RELATING TO YOSCOOTERS,"

begs leave to report as follows:

     The purpose of this bill is to enhance safety on sidewalks by authorizing the use of certain vehicles on sidewalks under certain conditions.

     The Department of Transportation testified in support of this bill.  The Department of Transportation Services of the City and County of Honolulu, Honolulu Police Department, and several concerned individuals testified in opposition to this measure.

     Numerous areas of our state have sidewalks that are small and congested with residents and tourists alike.  Allowing motorized vehicles, such as what is known as a yoscooter, to operate on these sidewalks could pose a danger to pedestrians using these same sidewalks.  While your Committee understands that it may be necessary to operate some types of motorized devices, such as electric wheelchairs, on sidewalks, other types of scooters or motorized devices may need to be regulated.  Although the use of certain types of vehicles on sidewalks is already regulated in business districts, there may be other areas that need similar regulations.

     However, your Committee finds that regulations placed upon the use of sidewalks are better left to the counties.     

     Accordingly, your Committee has amended this measure by:

     (1)  Providing counties with the authority to regulate yoscooters on sidewalks; and

     (2)  Stipulating that the counties should determine an appropriate age for the operation of these devices if they are authorized for use on sidewalks.

     Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

     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. 771, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 771, H.D. 1, and be referred to the Committee on Judiciary.

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

____________________________

JOSEPH M. SOUKI, Chair