SB 2136

THE SENATE
S.B. NO.
2136
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Chapter 291C,
Hawaii Revised Statutes, is amended by adding two new sections to part XII to
be appropriately designated and to read as follows:
���� "�291C-  � Safe
riding behavior; electric bicycles.� (a)� All electric bicycles shall be operated with
all wheels on the ground at all times with the operator facing forward and
seated normally; provided that it shall not be a violation of this subsection
if the wheels lose contact with the ground briefly due to the conditions of the
road surface or other circumstances beyond the control of the operator.
���� (b)� The following shall be prohibited while
operating an electric bicycle:
���� (1)� Operating an electric bicycle in an
unsafe manner or engaging in exhibition riding, such as
wheelies or stunts, on any public street, alley, or other public right of way;
provided that this paragraph shall not apply to a person engaging in exhibition
riding as part of a parade, tournament, or other activity permitted by a state
or county government agency;
���� (2)� Standing or kneeling on any seat,
riding on the handlebars, or engaging in any other non-standing or non-standard
riding position; and
���� (3)� Engaging in any other maneuver that
endangers the operator, passenger, or the general public, or that demonstrates
reckless or negligent operation of the device.
���� (c)� The department of transportation and each
county may adopt rules pursuant to chapter 91 to define additional unsafe or
reckless behaviors consistent with this section.
���� �291C-  � Operating a high-speed electric device.� (a)�
No person shall operate a high-speed electric device on a public
roadway, a bicycle lane, travel paths, bicycle facilities, and other designated
areas, such as streets, highways, and sidewalks.
���� (b)� Violation of this section shall constitute a
civil traffic infraction pursuant to chapter 291D.� In the case of a violator under the age of
eighteen, enforcement may be applied against the parent or legal guardian or
addressed through non-monetary corrective action."
���� SECTION
2.� Chapter 291C, Hawaii Revised
Statutes, is amended by adding a new section to part XIII to be appropriately
designated and to read as follows:
���� "�291C-  � Electric bicycle regulations; labels;
signage; public information.� (a)� 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:
���� (1)� Classification number (class 1, 2,
or 3);
���� (2)� Top assisted speed; and
���� (3)� Motor wattage.
���� No
person shall alter, deface, or remove a label required pursuant to this
subsection.
���� (b)� Distributors of electric 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 IS
REGULATED UNDER CHAPTER 291C, HAWAII REVISED STATUTES. �CERTAIN USES AND RIDERS MAY BE RESTRICTED BY
LAW."
���� (c)� Distributors of electric bicycles shall
provide to the purchaser of an electric bicycle a booklet or pamphlet detailing
the associated state laws regulating the use of electric bicycles in this part.
���� (d)� Sellers and distributors, including online or
third-party platform sellers and distributors delivering or offering for
delivery to the State, of electric bicycles shall verbally and in writing
disclose whether the electric bicycle being sold is legal for use on public
roads, sidewalks, or bikes lanes.�
Disclosures shall include registration, equipment, helmet, and age
requirements.
���� (e)� The department of transportation, department
of commerce and consumer affairs, or a county may impose administrative fines
not to exceed $500 per violation of noncompliance with this section.� The department of transportation, department
of commerce and consumer affairs, or a county may inspect premises or
investigate complaints to ensure compliance with this section.
���� (f)� The department of transportation, department
of commerce and consumer affairs, and each county shall adopt rules pursuant to
chapter 91 to carry out the purpose of this section."
���� SECTION
3.� 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-  � Driving mopeds and electric motorcycles on
bicycle lanes and paths; prohibited.� (a)� No person shall operate a moped
or electric motorcycle on a bicycle path, bicycle lane, or any other path or
roadway designated for bicycle use.
���� (b)� For purposes of this section, "electric
motorcycle" means a two- or three-wheeled vehicle equipped with an
electric motor capable of exceeding a speed of twenty-eight miles per hour on
level ground, and that may be legally operated on public roadways under the
same licensing, registration, and insurance requirements applicable to
motorcycles under state law."
���� SECTION
4.� Section 249-1,
Hawaii Revised Statutes, is amended as follows:
���� 1.� By adding a new definition to be
appropriately inserted and to read:
���� ""Electric
bicycle" means a bicycle equipped with fully operable pedals and an
electric motor of not more than seven hundred fifty watts."
���� 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]]
twelve 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
5.� 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.� No person shall operate an
electric bicycle on a public roadway, sidewalk, or bicycle facility unless it
has been properly registered pursuant to this subsection.� Failure to register may result in citation or
temporary impoundment by a law enforcement officer or designated official.
���� The
department of transportation may adopt rules pursuant to chapter 91 to
coordinate statewide implementation, provide uniform forms and guidance, and
support public education and outreach on the registration requirement for
electric bicycles pursuant to this subsection."
���� SECTION
6.� Section 286-2,
Hawaii Revised Statutes, is amended as follows:
���� 1.� 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
micro-mobility device, as defined in section 291C-1."
���� 2.� By deleting the definition of
"bicycle".
���� ["["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 electric bicycle, as defined under title 15 United States Code
section 2085.]"]
���� SECTION
7.� Section
291-31.5, Hawaii Revised Statutes, is amended by amending its title and
subsection (a) to read as follows:
���� "�291-31.5�
Blue lights prohibited for motor vehicles, motorcycles, motor scooters,
bicycles, electric foot scooters, electric micro-mobility devices, and
mopeds.� (a)� No person shall knowingly operate,
affix or cause to be affixed, display, or possess any lamp, reflector, or
illumination device that appears to be the color blue, or colors blue and red,
upon any motor vehicle, motorcycle, motor scooter, bicycle,
electric foot scooter, electric micro-mobility device or moped, except
for:
���� (1)� County law enforcement vehicles
authorized and approved by the chief of police of the county in which the
vehicle is operated;
���� (2)� Department of law enforcement vehicles with
blue and red lamps, reflectors, or illumination devices authorized and approved
by the director of law enforcement; or
���� (3)� Department of land and natural resources
division of conservation and resources enforcement vehicles with blue and red
lamps, reflectors, or illumination devices authorized and approved by the
chairperson of the board of land and natural resources.
���� This
prohibition shall not apply to factory-installed instrument
illumination."
���� SECTION 8.� Section 291C-1, Hawaii Revised Statutes, is
amended as follows:
���� 1.�
By adding six new definitions to be appropriately inserted and to read:
���� ""Class
1 electric bicycle" means 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.
���� "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.
���� "Class
3 electric bicycle" means 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
and equipped with a speedometer.
���� "Electric
bicycle" means a bicycle equipped with fully operable pedals and an
electric motor of not more than seven hundred fifty watts.� "Electric bicycle" does not include
a high-speed electric device.
���� "Electric
micro-mobility device" means a device weighing not more than seventy-five
pounds that is fully or partially motorized and used for personal
transportation, such as one‑wheels and electric skateboards.� "Electric micro-mobility device"
does not include electric bicycles or electric foot scooters.
���� "High-speed
electric device" means a two-wheeled electric device with a motor
exceeding seven hundred fifty watts and capable of speeds over twenty-eight
miles per hour.� "High-speed
electric device" does not include a moped or motorcycle that can legally
be operated on a road or street."
���� 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 9.�
Section 291C-123, Hawaii Revised Statutes, is amended by amending
subsection (a) to read as follows:
���� "(a)� No person shall drive any vehicle
other than a bicycle, electric foot scooter, electric micro-mobility device,
or moped upon a bicycle lane or bicycle path, except upon a permanent or
authorized temporary driveway, or park any vehicle upon a bicycle
lane or bicycle path; provided that any vehicle may be driven
or parked in a bicycle lane or bicycle path as applicable if[[:]] it
is:
���� (1)� [[It is in]] In the process
of executing a legal turn, lane change, or parking maneuver;
���� (2)� [[It is an]] An authorized
emergency vehicle performing the functions under section 291C-26;
���� (3)� [[It is an]] An official
federal, state, or county vehicle in the performance of its actual duty;
���� (4)� [[It is a]] A stalled or
broken vehicle;
���� (5)� [[It is necessary]] Necessary
to assist a stalled or broken vehicle;
���� (6)� [[It is necessary]] Necessary
to yield to an authorized emergency vehicle pursuant to section 291C-65; or
���� (7)� [[It is otherwise]] Otherwise
provided by law."
���� SECTION
10.� Section 291C-139, Hawaii Revised
Statutes, is amended to read as follows:
���� "[[[]]�291C-139[[]]]� Electric foot scooters[[.]]; electric
micro-mobility devices.� (a)�
This section shall apply whenever an electric foot scooter or
electric micro-mobility device is operated upon any highway, street,
roadway, or other designated public area set aside for the use of electric foot
scooters[[.]] or electric micro-mobility devices.
���� (b)� Every person operating an electric foot
scooter or electric micro-mobility device upon a roadway shall be
granted all of the rights and shall be subject to all of the duties applicable
to a driver of a vehicle under this chapter, except as to provisions of this:
���� (1)� Section to the contrary; and
���� (2)� Chapter that, by their nature, can have
no application.
���� (c)� The counties by ordinance shall regulate
operations of electric foot scooters and electric micro-mobility devices
with regard to, but not limited to, the following:
���� (1)� Operations in or upon roadways,
bikeways, bicycle paths, and sidewalks;
���� (2)� Storage and docking locations;
���� (3)� Restrictions on maximum speed;
���� (4)� Safety considerations; and
���� (5)� Insurance requirements;
provided
that no authority adopted in accordance with this subsection shall be less
restrictive than the requirements set forth in this section.
���� (d)� No person under fifteen years of age shall
operate an electric foot scooter or electric micro-mobility device on a
highway, street, roadway, or any other public property in the State.� No person under [[sixteen]] eighteen
years of age shall operate an electric foot scooter or electric
micro-mobility device 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.
���� (e)� No person shall operate an electric foot
scooter or electric micro-mobility device that is carrying any other
person, nor shall any person other than the operator ride upon an electric foot
scooter[[.]] or electric micro-mobility device.
���� (f)� No person operating an electric foot scooter or
electric micro-mobility device shall carry any package, bundle, or article
that prevents the use of both hands in the control and operation of the
electric foot scooter[[.]] or electric micro‑mobility device.
���� (g)� Any electric foot scooter or electric
micro-mobility device used from thirty minutes after sunset until thirty
minutes before sunrise 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 foot
scooter or electric micro-mobility device shall be equipped with a
lighted lamp that is visible from the rear.
���� (h)� No person shall operate an electric foot
scooter or electric micro-mobility device 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
foot scooter or electric micro‑mobility device at a speed greater
than fifteen miles per hour.
���� (i)� Any person who operates an electric foot
scooter or electric micro-mobility device recklessly in disregard of the
safety of persons or property shall be assessed penalties as set forth in
section 291C-161(b).
���� (j)� A person or entity that provides electric
foot scooters or electric micro-mobility devices for hire shall not rent
or lease an electric foot scooter or electric micro‑mobility device
to any person unless:
���� (1)� Each renter or lessee that is under the
age of [[sixteen]] eighteen wears a safety helmet, as required by
subsection (d), while operating the electric foot scooter[[;]] or
electric micro-mobility device; and
���� (2)� Each renter or lessee is provided with
a copy of the electric foot scooter and electric micro-mobility device
ordinances or rules that have been adopted by the applicable county.
���� (k)� Electric foot scooters and electric
micro-mobility devices shall only be stored or docked at specific locations
that shall be authorized by the counties."
���� SECTION
11.� Section 291C-143.5, Hawaii Revised
Statutes, is amended to read as follows:
���� "[[[]]�291C-143.5[[]� Low-speed electric bicycles;]] Electric
bicycle; operator age.� (a)� No person under the age of [[fifteen]] sixteen
shall operate a [[low-speed]] class 3 electric bicycle [[as
defined under title 15 United States Code section 2085]].
���� (b)� A person under the age of fourteen may
operate a class 2 electric bicycle only under the direct supervision of a
parent, guardian, or a person eighteen years of age or older.
���� (c)� For the purposes of this
section, "direct supervision" means a supervising parent, guardian,
or person eighteen years of age or older who is physically present and in
reasonable proximity to observe and control the operation of the electric
bicycle."
���� SECTION
12.� Section 291C-145, Hawaii Revised
Statutes, is amended by amending subsection (g) to read as follows:
���� "(g)� No person shall ride a bicycle equipped with
a motor or class 3 electric bicycle on any sidewalk[[.]];
provided that a person may ride a class 1 electric bicycle or class 2 electric
bicycle on a sidewalk at a speed not exceeding ten miles per hour, except in
business districts or where prohibited by county ordinance.� The counties may, by ordinance, post bicycle
lanes and bicycle paths to prevent persons riding a bicycle equipped with a
motor from using them."
���� SECTION
13.� Section
291C-150, Hawaii Revised Statutes, is amended by amending subsections (a) and
(b) to read as follows:
���� "(a)� No person under [[sixteen]] eighteen
years of age shall operate a bicycle upon a street, a bikeway, or any
other public property unless that person is wearing a properly fitted and
fastened bicycle 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 for hire shall
not rent a bicycle to any person unless every person who is under age [[sixteen]]
eighteen is wearing a bicycle 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
14.� Section
291C-197, Hawaii Revised Statutes, is repealed.
���� ["[�291C-197� Driving mopeds on bicycle lanes and paths.][� (a)�
Wherever bicycle lanes are provided on the roadway, moped drivers 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.� Signs clearly
visible to an ordinarily observant person indicating the restriction or
prohibition shall be placed along bicycle paths so designated and every moped
driver shall obey the directions thereof.]
���� [(c)� This section shall not apply to a
three-wheeled moped.]"]
���� SECTION
15.� Sections
249-1, 249-9.2, 286-2, 286-81, 286‑81.5, 286-102, 286-102.6, 286-108,
286-109, 286-110, 291-11, 291-22, 291-25, 291-31, 291-31.5, 291C-1, 291C-206,
431:10C-103, 431:10C-304, 431:10C-305, 431:10C-408, 431:10G-101, 431:10G-102,
431:10G-103, 431:10G-104, 431:10G-105, 431:10G-106, 431:10G-107, 431:10G-108,
431:10G-201, 431:10G-202, 431:10G-206, 431:10G-301, 437-7, 437B-1, 481I-2, and
604A-2, Hawaii Revised Statutes, are amended by substituting the word
"motor-driven cycle", or similar term, wherever the word "motor
scooter", or similar term, appears, as the context requires.
���� SECTION 16.�
Nothing in this Act shall be construed to prohibit the use of mobility
devices, as defined in the Americans with Disabilities Act.
���� SECTION 17.�
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
���� SECTION 18.�
If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.
���� SECTION 19.�
Statutory material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION 20.�
This Act shall take effect on upon its approval; provided that section 2
shall take effect on December 31, 2026.
INTRODUCED BY:
_____________________________
Report Title:
Electric
Bicycles; Electric Micro Mobility Devices; Regulation; Electric Mobility
Devices; High-Speed Electric Device; Electric Motorcycles
Description:
Establishes
safe riding behaviors for electric bicycles.�
Prohibits the operation of high-speed electric devices in certain
locations.� Establishes labeling and
signage requirements for electric bicycles.�
Prohibits the operation of a moped or electric motorcycle in certain
locations.� Amends the definition of
"bicycle" for purposes of county vehicular taxes.� Defines "electric bicycle" in place
of "low-speed electric bicycle".�
Defines "electric micro-mobility device" and requires the same
regulations as electric foot scooters to apply to electric micro-mobility
devices.� Prohibits a person under the
age of sixteen from operating a class 3 electric bicycle.� Authorizes a person under the age of fourteen
to operate class 2 electric bicycles under supervision.� Prohibits a person from riding a class 3
electric bicycle on a sidewalk.�
Authorizes a person to ride a class 1 or class 2 electric bicycle on a
sidewalk under certain circumstances.�
Prohibits a person from operating a bicycle or electric foot scooter under
the age of eighteen without a helmet.�
Repeals the requirement that moped drivers use bicycle lanes.� Substitutes the word "motor-driven
cycle" with the word "motor scooter".�
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.