HOUSE OF REPRESENTATIVES	H.B. NO.	2760
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO TRAFFIC SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 291C-123, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-123  Driving or parking upon bikeway; parking penalty.  (a)  No person shall drive any vehicle other than a bicycle [or moped] upon a bicycle lane or bicycle path, except upon a permanent or authorized temporary driveway, or park any vehicle upon a bicycle lane or bicycle path; provided that any vehicle may be driven or parked in a bicycle lane or bicycle path as applicable if:

     (1)  It is in the process of executing a legal turn, lane change, or parking maneuver;

     (2)  It is an authorized emergency vehicle performing the functions under section 291C-26;

     (3)  It is an official federal, state, or county vehicle in the performance of its actual duty;

     (4)  It is a stalled or broken vehicle;

     (5)  It is necessary to assist a stalled or broken vehicle;

     (6)  It is necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or

     (7)  It is otherwise provided by law."

(b)  Any person violating the [parking prohibition in subsection (a)] prohibitions in this section shall be fined not more than $500."

     SECTION 2.  Section 291C-145, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

     "(f)  The director of transportation by rule and the counties by ordinance may with respect to bikeways under their respective jurisdictions restrict or prohibit the use of such bikeways by mopeds[.]; provided that any such restriction or prohibition complies with the requirements of section 291C-197."

     SECTION 3.  Section 291C-197, Hawaii Revised Statutes, is amended to read as follows:

     "§291C-197  Driving mopeds on bicycle lanes and paths[.]; prohibited.  (a)  [Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes.] No moped driver shall operate a moped on a bicycle lane or use a bicycle path.

     (b)  The director of transportation by rule and the counties by ordinance [may] shall with respect to bicycle paths and bicycle lanes under their respective jurisdictions [restrict or] prohibit the use of such bicycle paths or bicycle lanes by mopeds.  Signs clearly visible to an ordinarily observant person indicating the [restriction or] prohibition shall be placed along bicycle paths and bicycle lanes so designated and every moped driver shall obey the directions thereof.

     [(c)  This section shall not apply to a three-wheeled moped.]"

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Traffic Safety; Bicycle Path; Mopeds

Description:

Prohibits the use of mopeds on bicycle lanes and bicycle paths. (HB2760 HD1)

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