HOUSE OF REPRESENTATIVES

H.B. NO.

754

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELECTRIC FOOT SCOOTERS.

 

 

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

 

     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291C-    Electric foot scooters.  (a)  It is a violation for any person to do any act forbidden or fail to perform any act required by this section, except as otherwise provided by law.

     (b)  Any negligence, misconduct, or violation of this section by a minor while driving an electric foot scooter shall be imputed to the parent or guardian having custody of the minor, who shall be jointly and severally liable with the minor for any damage caused by the negligence or misconduct and any penalty assessed by the courts for the violation.

     (c)  This section shall apply whenever an electric foot scooter is operated upon any highway, roadway, or other designated public area set aside for the preferential or exclusive use of electric foot scooters.  Every person operating an electric foot scooter upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to a driver of a vehicle under this chapter, except as to:

     (1)  Provisions of this section to the contrary; and

     (2)  Provisions of this chapter which by their nature can have no application.

     (d)  The director of transportation by rule and the counties by ordinance shall regulate operations of electric foot scooters in their respective jurisdictions with regard to, but not limited to, the following:

     (1)  Operations upon roadways, in bikeways, bicycle paths, and on sidewalks;

     (2)  Restrictions on maximum speed; and

     (3)  Safety considerations;

provided that no authority adopted in accordance with this subsection shall be less restrictive than the requirements set forth in this section.

     (e)  No person under fifteen years of age shall operate an electric foot scooter on a highway, street, roadway, or any other public property in the State.  No person less than eighteen years of age shall drive an electric foot scooter 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.

     (f)  No person shall drive an electric scooter which is carrying any other person nor shall any person other than the driver ride upon an electric scooter.

     (g)  No person operating an electric foot scooter shall carry any package, bundle, or article which prevents the use of both hands in the control and operation of the electric scooter.

     (h)  A motor used to power an electric foot scooter shall not be modified in any manner except as authorized by the motor manufacturer and any such modification shall not increase the power capacity of the motor above 1,000 watts.  Any person who violates this subsection shall be fined not more than $500.

     (i)  Any electric foot scooter used from thirty minutes after sunset until thirty minutes before sunrise shall be equipped as provided in section 291C-147; provided that in lieu of the requirement of section 291C-147(b), every electric foot scooter shall be equipped with a lighted lamp visible from the rear.

     (j)  No person shall drive an electric foot scooter at a speed other than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.  No person shall drive an electric foot scooter at a speed greater than fifteen miles per hour.

     (k)  Any person who operates an electric foot scooter recklessly in disregard for the safety of persons or property shall be assessed penalties as set forth in section 291C-161.

     (l)  A person who provides electric foot scooters for hire shall not rent or lease an electric foot scooter to any person unless:

     (1)  Each renter or lessee that is under the age of eighteen wears a safety helmet, as required in subsection (e), while operating the rented electric foot scooter;

     (2)  Each renter or lessee is provided with a copy of the rules for electric foot scooters as adopted by the department of transportation; and

     (3)  All electric foot scooters are insured by the person who offers the electric foot scooters for rent or lease against loss resulting from liability imposed by law for bodily injury, death, or property damage suffered by any person other than the owner or operator of the electric foot scooter arising out of the ownership, maintenance, or use of the electric foot scooter."

     SECTION 2.  Section 249-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Electric foot scooter" means a device weighing less than one hundred pounds, with two or three wheels, handlebars, and a floorboard that can be stood upon while riding, which is solely powered by an electric motor or human power, and whose maximum speed, with or without human propulsion on a paved level surface, is no more than fifteen miles per hour."

     2.  By amending the definition of "moped" to read:

     ""Moped" means a device upon which a person may ride [which] that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the device, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.  "Moped" does not include an electric foot scooter."

     SECTION 3.  Section 286-2, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Electric foot scooter" means a device weighing less than one hundred pounds, with two or three wheels, handlebars, and a floorboard that can be stood upon while riding, which is solely powered by an electric motor or human power, and whose maximum speed, with or without human propulsion on a paved level surface, is no more than fifteen miles per hour."

     2.  By amending the definition of "moped" to read:

     ""Moped" means a device upon which a person may ride [which] that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.  "Moped" does not include an electric foot scooter."

     SECTION 4.  Section 291-31.5, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "§291-31.5  Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, electric foot scooters, and mopeds.  (a)  No person shall knowingly operate, affix or cause to be affixed, display, or possess any lamp, reflector, or illumination device that appears to be the color blue, or colors blue and red, upon any motor vehicle, motorcycle, motor scooter, bicycle, electric foot scooter, or moped except for:

     (1)  County law enforcement vehicles authorized and approved by the chief of police of the county in which the vehicle is operated;

     (2)  Department of public safety law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of public safety;

     (3)  Department of land and natural resources division of conservation and resources enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the chairperson of the board of land and natural resources; or

     (4)  Department of transportation division of harbors law enforcement vehicles with blue and red lamps, reflectors, or illumination devices authorized and approved by the director of transportation.

This prohibition shall not apply to factory-installed instrument illumination."

     SECTION 5.  Section 291C-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Electric foot scooter" means a device weighing less than one hundred pounds, with two or three wheels, handlebars, and a floorboard that can be stood upon while riding, which is solely powered by an electric motor or human power, and whose maximum speed, with or without human propulsion on a paved level surface, is no more than fifteen miles per hour."

     2.  By amending the definition of "moped" to read:     ""Moped" means a device upon which a person may ride [which] that has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the device unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system [which] that requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.  "Moped" does not include an electric foot scooter."

     SECTION 6.  Section 291C-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  No person shall drive any vehicle other than a bicycle, electric foot scooter, 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."

     SECTION 7.  Section 707-700, Hawaii Revised Statutes, is amended by amending the definition of "vulnerable user" to read as follows:

     ""Vulnerable user" means:

     (1)  A pedestrian legally within a street or public highway;

     (2)  A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to:

          (a)  Construction and maintenance workers; and

          (b)  Police, fire, and other emergency responders; or

     (3)  A person legally operating any of the following within the street or public highway:

          (a)  A bicycle;

          (b)  An electric foot scooter;

        [(b)]  (c)  A moped;

        [(c)]  (d)  An electric personal assistive mobility device; or

        [(d)]  (e)  A wheelchair conveyance or other personal mobility device."

     SECTION 8.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect on July 1, 2050.

 

Report Title:

Electric Foot Scooters; Regulation

 

Description:

Establishes a framework for the Department of Transportation and the counties to regulate electric foot scooters.  Amends definitions of moped to exclude electric foot scooters.  Prohibits use of electric foot scooters to individuals under the age of fifteen.  Effective 7/1/2050.  (SD2)

 

 

 

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