SB2104

THE SENATE	S.B. NO.	2104
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to transportation.

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

SECTION 1. Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) A person operating the following category or combination of categories of motor vehicles shall be examined as provided in section 286-108 and duly licensed by the examiner of drivers:

(1) Mopeds;

(2) Motorcycles, except for autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2, and motor scooters;

(3) Passenger cars of any gross vehicle weight rating, buses designed to transport fifteen or fewer occupants, trucks and vans having a gross vehicle weight rating of eighteen thousand pounds or less, [~~and~~] autocycles as described in paragraph (2) of the definition of "motorcycle" in section 286-2[;], and electric powered vehicles designed to travel on three wheels in contact with the ground and steered with handlebars if the electric powered vehicles comply with section 286-71; provided that the electric powered vehicles satisfy the following conditions:

(A) Propulsion energy is drawn from a battery with at least four kilowatt hours of energy storage that can be recharged from an external source of energy;

(B) Seating does not require the operator to straddle or sit astride on it;

(D) The vehicle is certified by the manufacturer to comply with all applicable federal motor vehicle safety standards as of the date of manufacture including the federal motor vehicle safety standards for automotive roof crush resistance and the federal motor vehicle safety standards for seat belt assemblies;

(E) The vehicle has two wheels in front, each powered by an electric motor, and the distance between the centers of each of the two front wheels, known as the front track width, is at least forty-eight inches;

(F) The vehicle has a foot-operated brake that applies braking force to all three wheels;

(G) The vehicle has a transmission that requires no shifting by the operator; and

(H) If the vehicle is being rented by the driver from a business regularly engaged in renting the vehicle, the business offers the driver instructional training regarding starting, stopping, and the operation of the braking, throttle, and steering controls of the vehicle and there is an electric vehicle charging system as defined in section 291-71 available to the public within one-half mile of the vehicle storage location of the business; and

(4) All of the motor vehicles in category (3) and any vehicle that is not a commercial motor vehicle.

A school bus or van operator shall be properly licensed to operate the category of vehicles that the operator operates as a school bus or van and shall comply with the standards of the department of transportation as provided by rules adopted pursuant to section 286-181."

SECTION 2. Section 286-81, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) A safety helmet shall not be required for any person who operates or rides as a passenger on a motorcycle or motor scooter; provided that the motorcycle or motor scooter:

(1) Has three wheels;

(2) Is powered by an electric motor;

(3) Has a partial or full body enclosed cab; and

(4) Has a seat belt assembly or a child restraint system for the driver and passenger;

and the operator and passenger uses the seat belt or child restraint system pursuant to sections 291-11.5 and 291-11.6."

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.

INTRODUCED BY:	_____________________________