HOUSE OF REPRESENTATIVES

H.R. NO.

111

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

requesting the Director of Transportation to form a working group on moped licensing and regulation.

 

 

 


     WHEREAS, Hawaii currently limits the use of a bicycle license to small vehicles with engines smaller than or equal to 50 cubic centimeters (cc) of total combustion cylinder displacement, or as otherwise defined in the bicycle license ordinance; and

 

     WHEREAS, a bicycle license issued by the State does not require vehicular insurance to be carried by said licensees; and

 

     WHEREAS, the intention of the lack of an insurance requirement is to provide lower ownership costs for lower speed vehicles, such as pedal powered or small displacement engines less than 50cc in size, due to the lower risk of property damages that could be incurred by low speed vehicles with smaller engines; and

 

     WHEREAS, Hawaii has experienced a surge in growth of the use of modified moped parts designed specifically to increase the cylinder displacement of typical 50cc or smaller engines, licensed under the bicycle license, to sizes in excess of 50cc; and

 

     WHEREAS, such modification provides a loophole for moped users with bicycle licenses to circumvent the bicycle license requirements by increasing engine size beyond the intended limit of a vehicle with a bicycle license; and

 

     WHEREAS, such modified engines significantly increase engine noise to above-lawful levels for street vehicles; and
     WHEREAS, such modified engines are typically oil-burning two-stroke engines, which are banned in the State of California due to their significantly high rate of smog or toxic gas discharge; and

 

     WHEREAS, the modified, larger engine sizes and high flow after-market exhaust systems that are paired with them further increase these toxic two-stroke engine emissions; and

 

     WHEREAS, such modified engines allow for operation of mopeds at far greater speeds than their design allows for, which creates a clear and present danger to the public and the rider; and

 

     WHEREAS, owners of such modified mopeds with engines greater than 50cc displacement do not amend their vehicle licenses to the required "scooter/motorcycle" designation, as required by law, and do not purchase the required insurance for vehicles with engines over 50cc; and

 

     WHEREAS, mopeds under the bicycle license are never required to be inspected nor are additional fees ever required for such licensees; consequently, any violation of the bicycle license terms is never discovered or enforced by the State; and

 

     WHEREAS, the combined negative effects of significantly increased noise pollution, smog pollution, public health risk due to unsafe operating conditions, and the widespread violation of the bicycle license terms of the State justify an evaluation of moped licensing and registration; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, that the Director of Transportation is requested to form a working group to address the licensing and regulation of mopeds; and

 

     BE IT FURTHER RESOLVED that the Director of Transportation is requested to invite the following to serve as members of the working group:

     (1)  A representative from the Department of Transportation;

 

     (2)  A representative from the Honolulu Police Department;

 

     (3)  A representative from the City and County of Honolulu Department of Transportation Services;

 

     (4)  A representative from the urban-Oahu Neighborhood Boards; and

 

     (5)  Any other individuals that the Director deems appropriate; and

 

     BE IT FURTHER RESOLVED that the Director of Transportation submit a report of the working group's findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2016; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Transportation, the Chief of Police of the Honolulu Police Department, the Director of Transportation Services of the City and County of Honolulu and the Executive Secretary of the City and County of Honolulu Neighborhood Board Commission.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Moped licensing regulation; Working group