STAND. COM. REP. NO. 1562

Honolulu, Hawaii

RE:    H.B. No. 1258

       H.D. 2

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Commerce, Consumer Protection, and Health, to which was referred H.B. No. 1258, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish registration requirements and driver's licensing requirements for operation of autocycles; and

     (2)  Define "autocycle".

     Your Committee received testimony in support of this measure from the Department of Transportation; City and County of Honolulu, Department of Customer Services; and Polaris Industries, Inc.

     Your Committee finds that a significant number of states have developed definitions for the treatment of autocycles, a newer type of vehicle composed of three wheels and non-traditional seating that is manufactured to federal motorcycle safety standards.  However, existing Hawaii law does not allow for the registration of these unique vehicles.  Accordingly, this measure establishes registration requirements and driver's licensing requirements for operation of autocycles and establishes a definition for autocycle.

     Your Committee has heard testimony that the American Association of Motor Vehicle Administrators Working Group (AAMVA), a private nonprofit corporation made up of motor vehicle and law enforcement administrators and executives, has developed best practices on registering and licensing autocycles.  Amendments to this measure are therefore necessary to incorporate certain consumer protection recommendations based on AAMVA best practices.  Your Committee has also heard testimony that most autocycles do not meet the federal Motor Vehicle Safety Standards for passenger motor vehicles.  Amendments to this measure are also necessary to incorporate additional consumer protection requirements for the registration and operation of autocycles in Hawaii.

     Your Committee has amended this measure by:

     (1)  Clarifying that a valid type 3, rather than type 2 or 3, driver's license is required for operation of an autocycle;

     (2)  Requiring occupants in an autocycle not equipped with a front windshield to use eye protection;

     (3)  Requiring occupants in an autocycle to comply with mandatory seat belt requirements;

     (4)  Requiring all dealers, sellers, lessors, and rental agencies to disclose certain information, as applicable, relating to autocycles and the federal Motor Vehicle Safety Standards for passenger motor vehicles;

     (5)  Amending the definition of "autocycle";

     (6)  Enabling each county's Director of Finance to issue number plates to a registered owner of an autocycle;

     (7)  Amending the definition of "motorcycle"; and

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1258, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1258, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair