RELATING TO TRANSPORTATION.

HB515

HOUSE OF REPRESENTATIVES

H.B. NO.

515

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to TRANSPORTATION
.

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

����
SECTION
1.
�
Electric bicycles have become widely
available for personal transportation and are popular among all ages.
�
Hawaii�s law defines electric bicycles as a
�low-speed bicycle� with an assisted maximum speed of less than twenty miles per
hour.
�
Despite this, 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.
�

While electric bicycles are more convenient and affordable than
automobiles, they can pose a serious safety hazard when ridden on sidewalks and
public roadways, especially by youth.
�

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.
�
From 2022 to 2023, the volume of children
arriving at Kapiolani Medical Center for Women and Children with injuries from
e-bikes doubled, while in the second quarter of 2024, e-bikes were the most
common cause of injury among children treated at their trauma center.

The
legislature finds in the wake of a recent surge in ridership accidents and the
increasing use among youth, it is critical to address this issue with stricter
enforcement.
�
Accordingly, 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)
�
Require
Class 3 electric bicycle operators to comply with licensure and insurance
requirements similar to that of moped and motorcycle drivers.

����
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)
�
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.

����
(f)
�
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).

����
(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:

����
(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
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:

����
(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 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:

����
"
"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
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;

���������
(c)
�
An electric foot
scooter;

���������
(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
286-102, Hawaii Revised Statutes, is amended to read as follows:

����
"
�286-102
�
Licensing.
�
(a)
�
No
person, except one:

����
(1)
�
Exempted under
section 286‑105;

����
(2)
�
Who holds an
instruction permit under section 286‑110;

����
(3)
�
Who holds a
limited purpose driver's license, limited purpose provisional driver's license,
or limited purpose instruction permit under section 286-104.5;

����
(4)
�
Who holds a
provisional license under section 286‑102.6;

����
(5)
�
Who holds a
commercial driver's license issued under section 286‑239; or

����
(6)
�
Who holds a
commercial driver's license instruction permit issued under section 286‑236,

shall operate any category of motor vehicles listed
in this section without first being appropriately examined and duly licensed as
a qualified driver of that category of motor vehicles.

����
(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)
�
Class three
electric bicycles;

���
[
(3)
]
(4)
�
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

���
[
(4)
]
(5)
��
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.

����
(c)
�
No person shall receive a driver's license
without surrendering to the examiner of drivers all valid driver's licenses and
all valid identification cards in the person's possession.
�
All licenses and identification cards so
surrendered shall be shredded; provided that with the exception of driver's
licenses issued by any Canadian province, a foreign driver's license may be
returned to the owner after being invalidated pursuant to issuance of a Hawaii
license; provided further that the examiner of drivers shall notify the
authority that issued the foreign license that the license has been invalidated
and returned because the owner is now licensed in this State; and provided
further that all commercial driver's licenses that are surrendered shall be
shredded.
�
No person shall be permitted
to hold more than one valid driver's license at any time.

����
(d)
�

Before issuing a driver's license, the examiner of drivers shall
complete a check of the applicant's driving record to determine whether the
applicant is subject to any disqualification under section 286-240, or any
license suspension, revocation, or cancellation, and whether the applicant has
a driver's license from more than one state or jurisdiction.
�
The record check shall include but is not
limited to the following:

����
(1)
�
A check of the
applicant's driving record as maintained by the applicant's state or
jurisdiction of licensure;

����
(2)
�
A check with the
commercial driver license information system;

����
(3)
�
A check with the
National Driver Register; and

����
(4)
�
If the driver is
renewing a commercial driver's license for the first time after September 30,
2002, a request for the applicant's complete driving record from all states
where the applicant was previously licensed to drive any motor vehicle over the
last ten years; provided that a notation is made on the driving record
confirming the check has been made and the date it was done.

����
(e)
�

Notwithstanding sections 291E-61.6 and [291E-44.5], in addition to other
qualifications and conditions by or pursuant to this part, the right of an
individual to hold a motor vehicle operator's license or permit issued by the
county is subject to the requirements of section 576D-13.

����
Upon receipt of certification from
the child support enforcement agency pursuant to section 576D-13 that an
obligor or individual who owns or operates a motor vehicle is not in compliance
with an order of support as defined in section 576D-1 or has failed to comply
with a subpoena or warrant relating to a paternity or child support proceeding,
the examiner of drivers shall suspend the license and right to operate motor
vehicles and confiscate the license of the obligor.
�
The examiner of drivers shall not reinstate
an obligor's or individual's license until the child support enforcement
agency, the office of child support hearings, or the family court issues an
authorization that states the obligor or individual is in compliance with an
order of support or has complied with a subpoena or warrant relating to a
paternity or child support hearing.

����
The licensing authority may adopt
rules pursuant to chapter 91 to implement and enforce the requirements of this
section. "

����
SECTION
10
.
�
Section
286-108, Hawaii Revised Statutes, is amended to read as follows:

����
"
�286-108
�
Examination of
applicants.
�
(a)
�
Except as provided in section 286-107.5(a),
the examiner of drivers shall examine every applicant for a driver's license,
except as otherwise provided in this part.
�

The examination shall include a test of:

����
(1)
�
The applicant's
eyesight and any further physical examination that the examiner of drivers
finds necessary to determine the applicant's fitness to operate a motor vehicle
safely upon the highways;

����
(2)
�
The applicant's
ability to understand highway signs regulating, warning, and directing traffic;

����
(3)
�
The applicant's
knowledge of the rules of the road based on the traffic laws of the State and
the traffic ordinances of the county where the applicant resides or intends to
operate a motor vehicle;
provided
that the examination shall specifically test the applicant's knowledge of the
provisions of section 291C-121.5 and section 291C-137;
and

����
(4)
�
The actual
demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle.

The examinations shall be appropriate to the operation
of the category of motor vehicle for which the applicant seeks to be licensed
and shall be conducted as required by the director.

����
The examiner of drivers shall
require every applicant to comply with section 286-102.5.

����
The examiner of drivers may waive
the actual demonstration of ability to operate a motorcycle
,
[
or
]
motor scooter
, or class three electric bicycle
for any person who
furnishes evidence, to the satisfaction of the examiner of drivers, that the
person has completed the motorcycle education course approved by the director
in accordance with section 431:10G-104.

����
For the purposes of this section,
the term "applicant" does not include any person reactivating a
license under section 286-107.5(a).

����
(b)
�

The examiner of drivers shall require proof from every applicant under
the age of eighteen that the applicant has completed a driver education program
and a behind-the-wheel driver training course certified by the director of
transportation.
�
The examiner of drivers
shall not examine any applicant for a provisional license who is sixteen
through seventeen years of age unless the applicant holds and has held a valid
instruction permit under section 286-110, for a period of no fewer than one
hundred eighty days.
�
If the applicant's
instruction permit has expired and a new instruction permit was issued within
thirty days of its expiration, the examiner of drivers may examine the
applicant without requiring an additional one hundred eighty day period.

����
(c)
�

The examiner of drivers may waive the written or oral examination
required under subsection (a)(2) and (3) and the actual demonstration of
ability to operate a motor vehicle for any person who:

����
(1)
�
Is at least
eighteen years of age and who possesses a valid driver's license issued to the
applicant in any other state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam, a province of the
Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for the
operation of vehicles in categories 1 through 3 of section 286-102;

����
(2)
�
Has completed the
same requirements as set forth in section 286-102.6(f) in another state and
possesses a valid provisional license from that state; or

����
(3)
�
Is at least
eighteen years of age and who possesses a valid driver's license issued to the
applicant in any jurisdiction for which the director has granted reciprocal
licensing privileges in accordance with section 286-101.5 for the operation of
vehicles in category (3) of section 286-102(b).

����
(d)
�

As part of the examination required by this section, the applicant for a
driver's license shall produce and display a valid motor vehicle or liability
insurance identification card for the motor vehicle required by sections
431:10C-107 and 431:10G-106, when the applicant demonstrates the ability to
operate a motor vehicle to the satisfaction of the examiner of drivers.
�
If no valid motor vehicle or liability
insurance identification card is displayed, the examiner of drivers shall not
issue a driver's license to the applicant."

SECTION 11.
�
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.

����
SECTION 12.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 13.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 14.
�
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:

_____________________________

Report Title:

Electric
Bicycles; Classification; Regulations; Labeling

Description:

Categorizes
electric bicycles into three classes based on speed and operation. Establishes
regulations for electric bicycles.
�

Requires 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.
�
Imposes licensure and insurance requirements
for class three electric bicycles.

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