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HB834
HOUSE OF REPRESENTATIVES
H.B. NO.
834
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 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; and
����
(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.
����
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;
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(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.
�
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 10.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
����
SECTION 11.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 12.
�
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; Regulation; Classification System
Description:
Categorizes
electric bicycles into three classes based on speed and operation.
�
Requires electric bicycle manufacturers and
distributors to apply a label to each electric bicycle.
�
Imposes a requirement that counties inform
individuals of the applicable traffic code, safety information, and penalties
for violations at the time of registering a bicycle.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.