HB1226

SECTION 1. Electric bicycles have become widely available for personal transportation and are popular among citizens of all ages. In March 2023, there were five thousand three hundred registered electric bicycles. This figure is potentially higher considering that many owners do not register their bikes, especially if they are purchased online.

Hawaii’s law defines electric bicycles as a “low-speed bicycle” with an assisted maximum speed of less than twenty miles per hour. While electric bicycles are more convenient and affordable than automobiles, they are a safety hazard when ridden on sidewalks and in the middle of traffic lanes. Riders often make modifications to electric bicycles with an aftermarket delimiter allowing them to reach speeds of over thirty miles per hour, which is nearly ten times faster than the average walking speed of a person. Currently, persons under the age of fifteen cannot operate an electric bicycle by law; yet most e-bikes are ridden by adolescents between the ages of twelve and seventeen.

In December of 2023, the department of transportation reported nine bicyclist fatalities, the highest recorded number of deaths among bicyclists in Hawaii to date. Furthermore, electric bicycles can seriously injure pedestrians in a collision and operators are at risk from motorists who do not expect a small, silent, and motorized device riding near them. The legislature finds, in the wake of a recent surge in ridership accidents, it is critical to address this issue with a comprehensive approach of public outreach in combination with educational campaigns and stricter enforcement against the unlawful use of electric bicycles.

The purpose of this Act is to:

(1) Categorize electric bicycles into three classes based on speed and operation;

(2) Establish more stringent regulations for electric bicycles;

(3) Require electric bicycle manufacturers and distributors to apply a label to each electric bicycle specifying the classification number, top assisted speed, and motor wattage of the electric bicycle;

(4) Impose a requirement that counties inform individuals of the applicable traffic code, safety information, and penalties for violations at the time of registering a bicycle;

(5) Authorize county police to confiscate bicycles for certain offenses; and

(6) Increase penalty fee paid upon redemption.

SECTION 2. Chapter 291C-143.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-143.5[]] [~~Low-speed electric~~] Electric bicycles[~~; operator age~~]. (a) This section shall apply whenever an electric bicycle is operated upon any highway, street, roadway, or other designated public area set aside for the use of electric bicycles.

(b) No person under the age of fifteen shall operate [~~a low-speed~~] an electric bicycle [~~as defined under title 15 United States Code section 2085.~~] on a highway, street, roadway, or any other public property in the State.

(c) No person shall operate an electric bicycle that is carrying any other person, nor shall any person other than the operator ride upon an electric bicycle.

(d) No person operating an electric bicycle shall carry any package, bundle, or article which prevents the use of both hands in the control and operation of the bicycle. A person operating an electric bicycle shall keep at least one hand on the handlebars at all times.

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

(f) No person shall operate an electric bicycle at a speed other than is reasonable and prudent and having regard to the actual and potential hazards and conditions then existing; provided that no person shall operate an electric bicycle at a speed greater than twenty-eight miles per hour.

(g) Any electric bicycle shall meet the specifications of and requirements for lamps and other equipment on bicycles as set out in section 291C-147; provided that in lieu of the requirement of section 291C-147(b), every electric bicycle shall be equipped with a lighted lamp that is visible from the rear.

(h) No person shall operate an electric bicycle unless the person wears a safety helmet securely fastened with a chin strap. The safety helmet shall meet the specifications of and requirements for a bicycle helmet as set out in section 291C-150.

(i) No electric bicycle shall be operated on a sidewalk, sidewalk area, pedestrian overpass, or pedestrian underpass, except as may be authorized by ordinances or rules adopted by the county.

(j) No person shall tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, or the label indicating the classification number.

(k) No person shall operate an electric bicycle after January 1, 2029 unless the electric bicycle has affixed thereto in a prominent location, a manufacturer's label providing the classification number, top assisted speed, and motor wattage of the electric bicycle.

(l) The counties by ordinance may impose restrictions and conditions for the regulation and safe operation of electric bicycles with regard to, but not limited to, the following:

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

(2) Restrictions on maximum speed;

(3) Safety considerations; and

(4) Hours of operation.

SECTION 3. Chapter 293, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§293- Electric bicycle manufacturers and distributors; label required. On and after January 1, 2027, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle. The label must be printed in Arial font of at least nine-point type. By January 1, 2027, manufacturer and distributors shall establish a process by which an owner of an electric bicycle may request and obtain a manufacturer's label applicable to the electric bicycle purchased prior to January 1, 2027."

SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "bicycle" to read:

""Bicycle" means:

(1) A vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle; or

(2) [~~A low-speed~~] An electric bicycle[~~, as defined under title 15 United States Code section 2085~~]."

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

""Moped" means a device upon which a person may ride that has:

(1) Two or three wheels in contact with the ground;

(2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International 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 that will propel the device, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and

(3) A direct or automatic power drive system 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 or electric bicycle."

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

""Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of seven hundred fifty watts or less that meets the requirements of one of the following three classes:

(1) Class one electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour;

(2) Class two electric bicycle, which is an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour; or

(3) Class three electric bicycle, which is an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour."

SECTION 5. Section 249-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "bicycle" to read:

""Bicycle" means:

(2) [~~A low-speed~~] An electric bicycle[~~, as defined under title 15 United States Code section 2085~~]."

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

""Moped" means a device upon which a person may ride that has:

(1) Two or three wheels in contact with the ground;

(3) A direct or automatic power drive system 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 or electric bicycle."

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

SECTION 6. Section 249-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [~~A low-speed~~] An electric bicycle~~[, as defined under title 15 United States Code section 2085,~~] shall be required to be registered, and shall be subject to a permanent registration fee of $30, to be paid by the owners thereof to the director of finance."

SECTION 7. Section 286-2, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "bicycle" to read:

""Bicycle" means:

(2) [~~A low-speed~~] An electric bicycle[~~, as defined under title 15 United States Code section 2085~~]."

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

""Moped" means a device upon which a person may ride that has:

(1) Two or three wheels in contact with the ground;

(2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International 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 that will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and

(3) A direct or automatic power drive system 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 or electric bicycle."

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

SECTION 8. 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) A moped;

(d) An electric personal assistive mobility device; or

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

(f) An electric bicycle."

SECTION 9. Section 249-15, Hawaii Revised Statutes, is amended to read as follows:

"§249-15 Seizure and sale. (a) The directors of finance, any person authoritatively acting on behalf of the director of finance, or any member of a police force of the several counties of the State may seize any bicycle or moped liable for the payment of the required fees or which has no tag or decal affixed as required by section 249-14 for bicycles, or license plate and tag or emblem affixed as required by section 249‑14.1 for mopeds[~~, and may~~].

(b) Any member of a police force for the several counties of the State may seize any bicycle for a third infraction against the applicable state and county traffic code. For purposes of counting prior infractions, all violations of the applicable state and county traffic code shall be linked to the bicycle's metallic tag or decal issued at registration.

(c) Any member of a police force for the several counties of the State may seize any electric bicycle if the bicycle lacks the speed limiter equipped by the manufacturer. Evidence by laser gun or other accepted speed check method that the bike exceeded twenty-eight miles per hour shall be prima facie evidence that the speed limiter has been removed. Removal of the speed limiter shall impose an additional $100 penalty to the redemption costs outlined in section (d).

(d) Once seized according to sections (a), (b), or (c), the authoritative agent shall hold the bicycle or moped for a period of ten days, during which time it shall be subject to redemption by its owner on payment of the cost of confiscation, the registration fee due if applicable, the $100 speed limiter removal penalty if applicable, and a penalty of [~~$25~~] $100. All bicycles and mopeds not so redeemed shall be sold by the county chief of police or director of finance or their authorized representative, at public auction after first giving five days public notice of the time and place of sale in the county where the sale is to be held. Sale shall be made for the best price obtainable, which amount shall be forthwith paid over to the director of finance, accompanied by a statement containing a description of the bicycles or mopeds, their serial number, makes, and any other marks of identification. The director of finance, after deducting from the amount so received the amount of the fee and penalty due and costs of giving public notice, shall pay any surplus to the previous registered owners of the bicycles or mopeds. If at the expiration of ninety days the previous registered owners remain unknown, the surplus shall be paid into the treasury of the county, as a government realization, and all claims to the sums shall be forever barred."

SECTION 10. The department of transportation shall develop statewide safety and training programs to educate the public about general electric bicycle riding safety, rules of the road, and laws pertaining to electric bicycles, no later than twenty days prior to the convening of the regular session of 2026. The safety and training programs shall be developed in collaboration with relevant stakeholders. The department shall inform individuals of the applicable traffic code, safety information, and penalties for violations at the time of registering an electric bicycle.

SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 2025; provided that:

(1) Section 2(k) shall take effect on January 1, 2029; and

(2) Section 3 shall take effect on January 1, 2027.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1226
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII