HB958

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

"§291C- Safe riding behavior; electric bicycles. (a) All electric bicycles shall be operated only with all wheels on the ground at all times, facing forward, and with the operator seated with one leg on each side of the seat; provided that it is not a violation of this subsection if the wheels lose contact with the ground briefly due to the conditions of the road surface or other circumstances beyond the control of the operator.

(b) The following shall be prohibited while operating an electric bicycle:

(1) Operating an electric bicycle in an unsafe manner or engaging in exhibition driving on any public street, alley, or other public right of way; provided that this paragraph shall not apply to a person engaging in exhibition riding as part of a parade, tournament, or other activity permitted by a state or county government agency;

(2) Standing or kneeling on any seat, riding on the handlebars, or engaging in any other non-standing riding position; and

(3) Engaging in any other maneuver that endangers the operator or any person."

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 bicycle" means a bicycle equipped with fully operable pedals and an electric motor of no more than seven hundred fifty watts that meets the requirements of one of the following classes:

(1) Class 1: 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 2: 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 3: 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 and equipped with a speedometer."

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

""Bicycle" means:

(1) A device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or

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

(2) An electric bicycle."

SECTION 3. 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 4. Section 291C-1, Hawaii Revised Statutes, is amended as follows:

1. By adding two new definitions to be appropriately inserted and to read:

""Electric bicycle" means a bicycle equipped with fully operable pedals and an electric motor of no more than seven hundred fifty watts that meets the requirements of one of the following classes:

"Electric micro mobility device" means a device weighing no more than pounds that is fully or partially motorized and used for personal transportation, such as one-wheels and electric skateboards. "Electric micro mobility device" does not include electric bicycles or electric foot scooters."

2. 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 electric bicycle, as defined under title 15 United States Code section 2085.~~]

(2) An electric bicycle."

SECTION 5. 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, electric micro mobility device, 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 6. Section 291C-139, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-139[]] Electric foot scooters[.]; electric micro mobility devices. (a) This section shall apply whenever an electric foot scooter or electric micro mobility device is operated upon any highway, street, roadway, or other designated public area set aside for the use of electric foot scooters.

(b) Every person operating an electric foot scooter or electric micro mobility device 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 provisions of this:

(1) Section to the contrary; and

(2) Chapter that, by their nature, can have no application.

(c) The counties by ordinance shall regulate operations of electric foot scooters and electric micro mobility device with regard to, but not limited to, the following:

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

(2) Storage and docking locations;

(3) Restrictions on maximum speed;

(4) Safety considerations; and

(5) Insurance requirements;

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

(d) No person under fifteen years of age shall operate an electric foot scooter or electric micro mobility device on a highway, street, roadway, or any other public property in the State. No person under [~~sixteen~~] eighteen years of age shall operate an electric foot scooter or electric micro mobility device 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.

(e) No person shall operate an electric foot scooter or electric micro mobility device that is carrying any other person, nor shall any person other than the operator ride upon an electric foot scooter.

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

(g) Any electric foot scooter or electric micro mobility device used from thirty minutes after sunset until thirty minutes before sunrise 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 foot scooter or electric micro mobility device shall be equipped with a lighted lamp that is visible from the rear.

(h) No person shall operate an electric foot scooter or electric micro mobility device 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 foot scooter or electric micro mobility device at a speed greater than fifteen miles per hour.

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

(j) A person or entity that provides electric foot scooters or electric micro mobility devices for hire shall not rent or lease an electric foot scooter or electric micro mobility device to any person unless:

(1) Each renter or lessee that is under the age of [~~sixteen~~] eighteen wears a safety helmet, as required by subsection (d), while operating the electric foot scooter[;] or electric micro mobility device; and

(2) Each renter or lessee is provided with a copy of the electric foot scooter and electric micro mobility device ordinances or rules that have been adopted by the applicable county.

(k) Electric foot scooters and electric micro mobility device shall only be stored or docked at specific locations that shall be authorized by the counties."

SECTION 7. Section 291C-143.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-143.5[~~] Low-speed electric bicycles;~~] Electric bicycle operator age. 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~~]."

SECTION 8. Section 291C-145, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) No person shall ride a bicycle equipped with a motor on any sidewalk[.]; provided that a person may ride an electric bicycle on a sidewalk at a speed not exceeding ten miles per hour. The counties may, by ordinance, post bicycle lanes and bicycle paths to prevent persons riding a bicycle equipped with a motor from using them."

SECTION 9. Section 291C-150, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person under [~~sixteen~~] eighteen years of age shall operate a bicycle upon a street, bikeway, or any other public property unless that person is wearing a properly fitted and fastened bicycle helmet that has been tested by a nationally recognized agency such as the National Highway Traffic Safety Administration, the National Safety Council, or the Children's Safety Network, and is designed to fit the user and protect against head trauma. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or who rides in a trailer towed by the bicycle."

SECTION 10. Section 291C-197, Hawaii Revised Statutes, is amended to read as follows:

"§291C-197 [~~Driving mopeds on bicycle~~] Restrictions for bicycle lanes and paths. [~~(a) Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes.~~

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

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

SECTION 11. Section 286-2, Hawaii Revised Statutes, is amended by deleting the definition of "bicycle".

["~~"Bicycle" means:~~

~~(1)~~ A device propelled solely by human power upon which any person may ride, having two tandem wheels sixteen inches in diameter or greater, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels; or

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

SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the department of transportation, in consultation with each county department of transportation, to conduct a coordinated education campaign on electric mobility devices.

The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 13. Sections 249-1, 249-9.2, 286-2, 286-81, 286-81.5, 286-102, 286-102.6, 286-108, 286-109, 286-110, 291-11, 291-22, 291-25, 291-31, 291-31.5, 291C-1, 291C-206, 431:10C-103, 431:10C-304, 431:10C-305, 431:10C-408, 431:10G-101, 431:10G-102, 431:10G-103, 431:10G-104, 431:10G-105, 431:10G-106, 431:10G-107, 431:10G-108, 431:10G-201, 431:10G-202, 431:10G-206, 431:10G-301, 437-7, 437B-1, 481I-2, and 604A-2, Hawaii Revised Statutes, are amended by substituting the word "motor driven cycle", or similar term, wherever the word "motor scooter", or similar term, appears, as the context requires.

SECTION 14. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	958
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII