STAND. COM. REP. NO. 389

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1273

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committees on Commerce, Consumer Protection, and Health and Transportation and Energy, to which was referred S.B. No. 1273 entitled:

 

"A BILL FOR AN ACT RELATING TO MOPEDS,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Prohibit the owner of a moped or a moped dealer or repair shop from modifying a moped, including removing a speed limiter, to increase the top speed and horsepower;

 

     (2)  Make the current fine applicable to moped owners; and

 

     (3)  Increase the penalty for a violation by a moped dealer or repair shop to a petty misdemeanor, punishable by a fine.

 

     Your Committees received testimony in support of this measure from the Department of Transportation, Moped Noise Mitigation Group, and six individuals.  Your Committees received testimony in opposition to this measure from six individuals.

 

     Your Committees find that a moped is classified as a device that is limited to a speed of thirty miles per hour and not required to carry motor vehicle insurance, in an effort to encourage the use of a low cost, low speed vehicle.  Modifying a moped to travel faster than thirty miles per hour frustrates the intent of the classification and introduces a potential for more serious injury or damage in the event of a crash, which would necessitate insurance coverage.  Your Committees further find that if a moped is capable of traveling faster than thirty miles per hour, it does not meet the definition of a moped and instead should be classified as a motor scooter, which requires motor vehicle insurance.  This measure clarifies existing requirements for modifications to a moped, including specifically prohibiting the modification of a moped to remove a speed limiter to increase the top speed and horsepower.  This will ensure mopeds in Hawaii stay within their appropriate vehicle classification and will alleviate safety concerns.

 

     Your Committees have amended this measure by:

 

     (1)  Clarifying that a moped dealer or repair shop is not in violation unless the dealer or shop is the entity who makes the modification; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Health and Transportation and Energy that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1273, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1273, S.D. 1, and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection, and Health and Transportation and Energy,

 

________________________________

LORRAINE R. INOUYE, Chair

 

________________________________

ROSALYN H. BAKER, Chair