HOUSE OF REPRESENTATIVES

H.B. NO.

2356

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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 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 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 is carrying any other person nor shall any person other than the driver ride upon a moped.

     (d)  No person shall drive a moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars.

     (e)  No person shall drive a moped with handlebars more than fifteen inches in height above that portion of the seat occupied by the driver.

    [(d)] (f)  Subsections (b) and (c) shall not apply to three-wheeled mopeds designed to carry a driver and passenger seated side by side[.]; provided that no person shall carry or permit to ride on a three-wheeled moped, a passenger who is less than sixteen years of age.

    [(e)] (g)  Three-wheeled mopeds shall be insured for liability and property damage, excluding personal injury protection."

     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, except a three-wheeled 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; and

     (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)  A three-wheeled moped shall be restricted to traveling on roadways with a posted speed limit of thirty-five miles per hour or less.

     (e)  The driver of a moped shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

     (f)  No person shall drive a moped between lanes of traffic or between adjacent lines or rows of vehicles."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

 

Report Title:

Mopeds; Statewide Traffic Code

 

Description:

Prohibits persons driving a moped from carrying any article which prevents the person from keeping both hands on the handlebars.  Prohibits the operation of a moped with handlebars more than fifteen inches in height.  Prohibits the driver of a moped from overtaking and passing in the same lane occupied by the vehicle being overtaken.  Prohibits the operation of a moped between lanes of traffic or between adjacent lines or rows of vehicles.  Requires passengers on three-wheeled mopeds to be at least sixteen years of age.  (HB2356 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.