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SB392
THE SENATE
S.B. NO.
392
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to electric bicycles
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
The legislature finds electric bicycles are
widely available and becoming a more prevalent means of personal
transportation.
�
However, the growing
adoption of electric bicycles on public roads, bike paths, and urban
environments has introduced new safety concerns, including risks to riders,
pedestrians, and other road users, which necessitate clear and comprehensive
safety regulations.
�
Existing traffic and
bicycle laws do not adequately address the unique characteristics and risks
associated with electric bicycles.
����
The
legislature believes that ensuring the safety of electric bicycle riders and
the public requires the implementation of updated regulations governing electric
bicycles.
�
Additionally, public awareness
of any new regulations for electric bicycles is necessary for compliance with
the regulations.
����
Accordingly,
the purpose of this Act is to update and enhance the State's laws relating to
electric bicycles.
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SECTION 2.
�
Chapter 291C, Hawaii Revised Statutes, is
amended by adding eight new sections to part XIII to be appropriately
designated and to read as follows:
����
"
�291C-A
�
Electric bicycles; insurance, licensing.
�
No electric bicycle or person operating an
electric bicycle shall be subject to the provisions of this chapter relating to
financial responsibility, driver's licenses, certificates of title, off-highway
vehicles, and license plates.
����
�291C-B
�
Electric bicycles; labeling.
�
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.
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�291C-C
�
Electric bicycle regulations; signage; public
information.
�
(a)
�
Distributors of electronic bicycles shall
place a sign at or near the point of sale with wording substantially similar to
the following in all capital letters and printed in not less than
fourteen-point font:
"
THE SALE AND
OPERATION OF ELECTRIC BICYCLES ARE SUBJECT TO CHAPTER 291C, HAWAII REVISED
STATUTES, INCLUDING SECTION 291C-143.5, HAWAII REVISED STATUTES, WHICH
PROHIBITS THE OPERATION OF AN ELECTRIC BICYCLE BY A PERSON UNDER THE AGE OF
SIXTEEN.
"
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(b)
�
Distributors of electronic bicycles shall
provide to the purchaser of an electronic bicycle a booklet or pamphlet
detailing the associated state laws regulating the use of electric bicycles in this
part.
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�291C-D
�
Electric bicycles; tampering restriction.
�
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 required by section 291C-B.
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�291C-E
�
Electric bicycles; Consumer Product Safety
Commission compliance.
�
Electric
bicycles shall comply with the equipment and manufacturing requirements for
bicycles adopted by the United States Consumer Product Safety Commission
pursuant to title 16 Code of Federal Regulations part 1512.
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�291C-F
�
Electric bicycles; motor disengagement.
�
An electric bicycle shall operate in a
manner so that the electric motor is disengaged or ceases to function when the
rider stops pedaling or when the brakes are applied.
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�291C-G
�
Infrastructure use by electric bicycles.
�
(a)
�
An electric bicycle may be ridden in places
where bicycles are allowed, including but not limited to streets, highways,
alleys, roadways, sidewalks, or public paths set aside for the exclusive use of
bicycles.
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(b)
�
Following notice and a public hearing, a
county may prohibit the operation of a class 1 electric bicycle, class 2
electric bicycle, or class 3 electric bicycle on places described in subsection
(a) if the county finds that such a restriction is needed for safety reasons or
compliance with other laws or legal obligations.
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�291C-H
�
Class 3 electric bicycles; additional
regulations.
�
(a)
�
A person under fifteen years of age may ride
as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
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(b)
�
All operators and passengers of class 3
electric bicycles shall wear a properly fitted and fastened bicycle helmet that
meets the standards provided by either the United States Consumer Product
Safety Commission or the American Society for Testing and Materials, or
standards subsequently established by those entities.
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(c)
�
All class 3 electric bicycles shall be
equipped with a speedometer that displays the speed the bicycle is traveling in
miles per hour.
"
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SECTION
3
.
�
Section 249-1,
Hawaii Revised Statutes, is amended as follows:
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1.
�
By adding four new definitions to be appropriately inserted and to read:
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"
"Class 1 electric
bicycle" has the same meaning as in section 291C-1.
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"Class 2 electric
bicycle" has the same meaning as in section 291C-1.
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"Class 3 electric
bicycle" has the same meaning as in section 291C-1.
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"Electric
bicycle" has the same meaning as in section 291C-1.
"
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2.
�
By amending the definition of "bicycle" to read:
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""Bicycle" means:
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(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
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(2)
�
[
A low-speed
]
An
electric bicycle[
, as defined under title 15 United States Code
section 2085
]."
����
SECTION
4
.
�
Section 249-14,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:
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"(b)
�
[
A low-speed electric bicycle, as defined
under title 15 United States Code section 2085,
]
An electric bicycle
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[
.
]
, except that a class 3 electric bicycle shall
be subject to a permanent registration fee of
$ , to be paid by
the owners thereof to the director of finance.
"
����
SECTION
5
.
�
Section 286-2,
Hawaii Revised Statutes, is amended as follows:
����
1.
�
By adding four new definitions to be appropriately inserted and to read:
����
"
"Class 1 electric
bicycle" has the same meaning as in section 291C-1.
����
"Class 2 electric
bicycle" has the same meaning as in section 291C-1.
����
"Class 3 electric
bicycle" has the same meaning as in section 291C-1.
����
"Electric
bicycle" has the same meaning as in section 291C-1.
"
����
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
]
An
electric
bicycle[
, as defined under title 15 United States Code section 2085.
]"
����
SECTION
6
.
�
Section 291C-1,
Hawaii Revised Statutes, is amended as follows:
����
1.
�
By adding four new definitions to be appropriately inserted and to read:
����
"
"Class 1 electric
bicycle" means an electric bicycle equipped with a motor that provides assistance
when the bicycle reaches the speed of twenty miles per hour.
����
"Class 2 electric
bicycle" means 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.
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"Class 3 electric
bicycle" means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and ceases to provide assistance
when the bicycle reaches the speed of twenty-eight miles per hour.
����
"Electric
bicycle" means a bicycle equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than seven hundred fifty
watts that meets the requirements of a class 1 electric bicycle, class 2
electric bicycle, or class 3 electric bicycle.
"
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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
]
An
electric bicycle[
, as defined under title 15 United States Code
section 2085
]."
����
SECTION
7
.
�
Section
291C-141, Hawaii Revised Statutes, is amended by amending subsection (a) to
read as follows:
����
"(a)
�
It is a traffic infraction for any person to
do any act forbidden or fail to perform any act required in this part[
.
]
;
provided that if a person does any act forbidden or fails to perform any act
required in this part as an operator of an electric bicycle and is not the
registered owner of the electric bicycle, the traffic infraction shall be
imposed on the registered owner of the electric bicycle.
"
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SECTION
8
.
�
Section 291C-143.5,
Hawaii Revised Statutes, is amended to read as follows:
����
"
[
[
]
�291C-143.5[
]
]
�
[
Low-speed
electric
]
Electric
bicycles; operator age.
�
No person under the age of [
fifteen
]
sixteen
shall operate [
a low-speed
]
an
electric bicycle [
as defined under
title 15 United States Code section 2085
]."
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SECTION 9.
�
In codifying the new sections added by
section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.
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SECTION
10.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 11.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Electric
Bicycles; Regulations; Registration; Minimum Age to Operate
Description:
Amends
the definition of electric bicycles subject to various state laws and
classifies electric bicycles by top assisted speed.
�
Establishes additional regulations for the
registration and use of electric bicycles.
�
Increases the minimum age to operate an electric bicycle.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.