STAND. COM. REP. NO.  928-10

Honolulu, Hawaii

                , 2010

RE:   S.C.R. No. 76

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred S.C.R. No. 76 entitled:

"SENATE CONCURRENT RESOLUTION REQUESTING A STUDY TO RECOMMEND STATUTORY AMENDMENTS TO ADDRESS THE SAFE AND PROPER OPERATION OF BICYCLES, MOPEDS, TWO-SEAT MOPEDS, SEGWAYS, HYBRID BICYCLES, AND POWERFUL MOPEDS,"

begs leave to report as follows:

     The purpose of this measure is to promote highway safety by requesting the Department of Transportation (DOT) to coordinate a study with the transportation department of each of the respective counties and with interested stakeholders to recommend changes to current laws to accommodate the safe and proper operation of bicycles, mopeds, two-seat mopeds, Segways, hybrid bicycles, and powerful mopeds.

     DOT and the Hawaii Bicycling League testified in support of this Concurrent Resolution.  The Representative from the 19^th District and a concerned individual testified in support of this measure with amendments.

     The rising cost of oil has caused increases in petroleum-derived products including gasoline.  With escalating fuel prices, individuals have sought to use other, more fuel efficient means of transportation.  These methods of transportation have included bicycles, various types of mopeds, Segways, and electric bicycles.  However, statutes relating to the safe operation of these types of vehicles, as well as newer methods of transportation on Hawaii's roadways are either silent or do not exist.  This has caused a great deal of confusion as to the permitted and safe operation of these devices on Hawaii's roadways.  This measure is an attempt at resolving these issues.

     Your Committee notes that all-terrain vehicles, or ATVs, are becoming increasingly popular recreational vehicles and have also been used for transportation, although the use of these vehicles on Hawaii's roadways is prohibited.  Including ATVs as part of this study will help to develop a comprehensive resolution of the issues addressed by this measure.

     Accordingly, your Committee has amended this measure by:

     (1)  Including ATVs as part of the DOT study to recommend changes to current laws to accommodate the use of various vehicles;

     (2)  Inserting language describing the use of ATVs on Hawaii's roadways and some statistics regarding the fatalities associated with ATVs;

     (3)  Changing the title of the measure to read: "REQUESTING A STUDY TO RECOMMEND STATUTORY AMENDMENTS TO ADDRESS THE SAFE AND PROPER OPERATION OF BICYCLES, MOPEDS, TWO-SEAT MOPEDS, SEGWAYS, HYBRID BICYCLES, POWERFUL MOPEDS, AND ALL-TERRAIN VEHICLES"; and

     (4)  Making technical, nonsubstantive amendments 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 concurs with the intent and purpose of S.C.R. No. 76, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as S.C.R. No. 76, H.D. 1.

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

____________________________

JOSEPH M. SOUKI, Chair