Report Title:

Motorized Devices for Transporting Persons

Description:

Amends the statewide traffic code by defining and regulating the operation of motorized person transporter platforms, motorized bicycles, and electronic personal assistive mobility devices.

HOUSE OF REPRESENTATIVES

H.B. NO.

834

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MOTORIZED DEVICES FOR TRANSPORTING PERSONS.

 

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

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

"291C-    Required information provided about motorized person transporter platforms, motorized bicycles, and electric personal assistive mobility devices. Every motorized person transporter platforms, motorized bicycle, and electric personal assistive mobility device manufacturer or distributor shall provide a disclosure to buyers that advises buyers that their existing insurance policies might not provide coverage for the device and that their insurance company or insurance agent should be consulted to determine if an existing policy covers it, or if coverage is available by another means. This disclosure shall be printed in not less than fourteen point boldface type either on a single sheet of paper, or on a paper containing other information about the device, and shall include the following language in capital letters:

"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.""

SECTION 2. Section 291C-1, Hawaii Revised Statutes, is amended by adding the following definitions to be appropriately inserted and to read as follows:

""Motorized person transporter platform" means a device with two tandem wheels, one of which has a brake, that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor or internal combustion engine that is capable of propelling the device with or without human propulsion at a speed no greater than twenty-five miles per hour on a level road.

"Motorized bicycle" means a device with two tandem wheels that is propelled both by human power and by an internal combustion engine or a battery powered motor. If battery powered, it has a maximum of one thousand five hundred watts (two horsepower); if powered by an engine it has no more than two horsepower (fifty cubic centimeters), an automatic transmission, and a maximum design speed of not more than twenty-five miles per hour on a flat surface unassisted by human power.

"Electric personal assistive mobility device" means a self-balancing, two non-tandem wheeled device, designed to transport only one person, with an electric propulsion system at a speed no greater than twelve miles per hour."

SECTION 3. Chapter 291C, Hawaii Revised Statutes, is amended by amending the heading to part XVI to read as follows:

"[[]PART XVI.[]] SPECIAL RULES FOR MOPEDS AND OTHER DEVICES"

SECTION 4. Section 291C-192, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Any negligence, misconduct, or violation of this part by a minor while driving a moped, or operating a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device shall be imputed to the parent or guardian having custody of such minor, which person shall be jointly and severally liable with the minor for any damages caused by such negligence or misconduct and any penalty assessed by the courts for such violation.

(c) This part applies to every person driving a moped, or operating a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device upon any roadway or highway or any other publicly owned place under the jurisdiction of the State or any county."

SECTION 5. Section 291C-193, Hawaii Revised Statutes, is amended to read as follows:

"[[]291C-193[]] Traffic laws apply to persons driving mopeds[.] and other devices. (a) Every person driving a moped, or operating a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter, except as to the special provisions of this part and except as to those provisions of this chapter which by their nature can have no application.

(b) Motorized person transporter platforms and electric personal assistive mobility devices shall be operated only on one or two lane streets that have a speed limit of twenty-five miles per hour or less."

SECTION 6. Section 291C-194, Hawaii Revised Statutes, is amended to read as follows:

"291C-194 Driver's license required. (a) No person shall drive a moped unless the person:

(1) Possesses a valid driver's license of any category listed in section 286-102 or 286-239; and

(2) Meets the requirements of section 286-105(3).

(b) The driver of a moped [shall], upon the demand of a police officer, shall exhibit the driver's driver's license or instruction permit.

(c) Any person who is convicted of violating this section shall be subject to penalties as provided under section 291C-161(b) and (e).

(d) No driver's license or rider identification shall be required to operate a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device."

SECTION 7. Section 291C-195, Hawaii Revised Statutes, is amended to read as follows:

"[[]291C-195[]] Driving of mopeds[.] and other devices. (a) No person less than fifteen years of age shall drive a moped.

(b) No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.

(c) No person shall drive a moped or operate a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device which is carrying any other person, nor shall any person other than the driver or operator ride upon a moped[.], motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device.

(d) No proof of financial responsibility under chapter 287 or any other insurance shall be required to operate a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device.

(e) No registration by a county agency shall be required to operate a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device."

SECTION 8. Section 291C-196, Hawaii Revised Statutes, is amended to read as follows:

"291C-196 Driving mopeds and other devices on roadways. (a) Every person driving a moped or motorized bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction[, except]. Moped and motorized bicycle riders may mix with other traffic under any of the following situations:

(1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices;

(2) When reasonably necessary to avoid conditions (including, but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge;

(3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a moped or a motorized bicycle may ride as near to the left-hand side of the roadway as practicable.

(b) Persons driving mopeds or operating motorized person transporter platforms, motorized bicycles, or electric personal assistive mobility devices upon a roadway shall drive in single file.

(c) No person shall drive a moped, or operate a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device, on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a moped on any path or other area intended for the exclusive use of pedestrians.

(d) A person operating a motorized person transporter platform or an electric personal assistive mobility device on a roadway shall ride as close as practicable to the right side of the roadway, even on one-way roadways described in subsection (a)(3), and only travel straight ahead or turn right. Left turns shall be made by pulling off the roadway on the right side and entering again to cross from a right angle, as a pedestrian.

(e) A motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device shall not be operated recklessly.

(f) A person operating a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device on a roadway shall not carry cargo, which by its size or weight could hinder safe operation of the device or require the operator to operate a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device with only one hand.

(g) Hazardous materials, exclusive of the fuel required to operate the device, may not be transported on a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device.

(h) A person operating a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device shall give an audible signal before overtaking and passing any pedestrian or other roadway or bicycle path user.

(i) A person operating a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device shall obey all speed limits.

(j) A motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device shall not be parked in the street. When parked on or near the sidewalk, a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device shall not be an obstruction to pedestrian traffic or cause damage to plants or other property.

SECTION 9. Section 291C-197, Hawaii Revised Statutes, is amended to read as follows:

"[[]291C-197[]] Driving mopeds and other devices on bicycle lanes and paths. (a) Wherever bicycle lanes are provided on the roadway, moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device drivers or operators shall use such bicycle lanes.

(b) 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[.] and other devices. Signs clearly visible to an ordinarily observant person indicating the restriction or prohibition shall be placed along bicycle paths so designated and every moped and other device driver or operator shall obey the directions thereof."

SECTION 10. Section 291C-198, Hawaii Revised Statutes, is amended to read as follows:

"[[]291C-198[]] Speed restrictions on mopeds[.] and other devices. (a) No person shall drive a moped, or operate a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device, at a speed other than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

(b) No person shall drive a moped at a speed greater than thirty-five miles per hour (fifty-eight kilometers per hour).

(c) No person shall operate a motorized person transporter platform or motorized bicycle at a speed greater than thirty miles per hour. An electric personal assistive mobility device shall not be operated at a speed greater than seventeen miles per hour."

SECTION 11. Section 291C-199, Hawaii Revised Statutes, is amended to read as follows:

"[[]291C-199[]] Clinging to vehicles, bicycles, etc. No person driving a moped, or operating a motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device, shall attach oneself or the moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device, to any other vehicle, nor permit the rider of a bicycle, coaster, sled, or toy vehicle or any person on roller skates to be or become attached to the moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device or the driver[.] or operator."

SECTION 12. Section 291C-200, Hawaii Revised Statutes, is amended to read as follows:

"[[]291C-200[]] Use of lamps on mopeds[.] and motorized bicycles. (a) Every moped and motorized bicycle moving upon a highway from thirty minutes after sunset until thirty minutes before sunrise and at any other time when there is insufficient ambient light to render clearly discernible persons and vehicles on the highway at a distance of two hundred feet (60.9 meters) ahead shall display a lighted head lamp and tail lamp; provided that every moped upon a highway within a tunnel shall at all times display a lighted head lamp and tail lamp.

(b) Motorized person transporter platforms and electric personal assistive mobility devices shall not be required to have lights or reflectors, but shall not be used on roadways that are open to the public or public property from one-half hour after sunset to one-half hour before sunrise."

SECTION 13. Section 291C-202, Hawaii Revised Statutes, is amended to read as follows:

"291C-202 Moped and other device equipment requirements and inspection. (a) Every moped offered for sale for use upon, sold for use upon, or used upon the roadways and highways shall be equipped with:

(1) A motor having a maximum power output capability, measured at the motor output shaft, in accordance with the Society of Automotive Engineers 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 which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; provided that those mopeds, including those modified pursuant to section 291C-206, registered prior to April 23, 1998 shall continue to be subject to the prior thirty-five miles per hour maximum speed limitation; and

(2) A direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

(b) The director of transportation by rules [and regulations,] adopted pursuant to chapter 91, shall establish criteria [which] that shall comply with approved federal regulations for the following moped equipment: brake system; fuel system components; exhaust system components; steering system; handlebars; wheel rims; fenders; a guard or protective covering for drive belts, chains and rotating components; seat or saddle; lamps and reflectors; equipment controls; speedometer; retracting stand; horn; and identification markings.

(c) The director of transportation, by rules [and regulations,] adopted pursuant to chapter 91, shall establish criteria and procedures for the annual safety inspection of every moped. Safety inspection criteria shall include the criteria established by the director of transportation under subsection (b).

(d) A motorized person transporter platform and a motorized bicycle shall have at least one caliper, disk, or drum brake on at least one wheel, which is able to cause the tire to skid on a dry, level, paved surface from a speed of approximately ten miles per hour.

(e) A motorized person transporter platform or motorized bicycle with an internal combustion engine shall have a functionally effective muffler as original equipment or an original equipment manufacturer replacement part; provided that any replacement muffler shall not cause the engine to make more noise than it did when it was originally manufactured."

SECTION 14. Section 291C-206, Hawaii Revised Statutes, is amended by amending the heading and subsection (a) to read as follows:

"291C-206 Modifying moped and other device motor; violation. (a) A motor used to power a moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device shall not be modified in any manner except as authorized by the motor manufacturer and any such modification shall not increase the power capacity of the motor above two horsepower (one thousand four hundred ninety-two watts)[.]; provided that any such modification or muffler modification or replacement shall not increase the noise output above that of the product originally produced by the manufacturer."

SECTION 15. Section 291C-207, Hawaii Revised Statutes, is amended to read as follows:

"291C-207 Moped liability insurance; coverage for damage by rented or leased moped[.] and other devices. Every person who offers a moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device for rent or lease shall insure the moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device against loss resulting from liability imposed by law for bodily injury, death or property damage suffered by any person other than the owner or operator of the moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device arising out of the ownership, maintenance or use of the moped[.], motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device. The moped, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device liability insurance shall have a coverage of not less than $25,000 per occurrence bodily injury and $5,000 per occurrence property damage."

SECTION 16. Section 291C-150, Hawaii Revised Statutes, is amended by amending the heading and subsections (a) and (b) to read as follows:

"[[]291C-150[]] [Bicycle] protective helmets. (a) No person under sixteen years of age shall operate a bicycle, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device upon a street, bikeway, or any other public property unless that person is wearing a properly fitted and fastened [bicycle] protective 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.

(b) A person who provides bicycles, motorized person transporter platforms, motorized bicycles, or electric personal assistive mobility devices for hire shall not rent a bicycle, motorized person transporter platform, motorized bicycle, or electric personal assistive mobility device to any person unless every person who is under age sixteen is wearing a [bicycle] protective helmet, as required in subsection (a), while operating the rented bicycle, occupying a restraining seat that is attached to the rented bicycle, or riding in a trailer towed by the rented bicycle."

SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 18. This Act shall take effect on July 1, 2003.

INTRODUCED BY:

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