HB2126

Report Title:

Motorized Scooters

Description:

Provides special rules for motorized scooters, treating them on same basis as mopeds. Requires license to drive on road. Banned from riding on sidewalks and other public areas like parks.

HOUSE OF REPRESENTATIVES	H.B. NO.	2126
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to motorized scooters.

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

SECTION 1. Findings and purpose. The legislature finds that an increasing number of youngsters under fifteen years of age are riding gas-powered motorized scooters on streets and sidewalks, putting at risk not only themselves, but pedestrians and drivers of motor vehicles. Some of these motorized scooters can reach a speed of about thirty miles per hour. This is a dangerous situation that the legislature cannot condone.

The purpose of this Act is to require the riders of motorized scooters to be at least sixteen years of age, and to forbid the riding of motorized scooters on sidewalks and public areas such as parks and school grounds.

SECTION 2. Section 249-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Motorized scooter" means a two or more wheeled device that has handlebars, designed to be stood or sat upon only by the operator and is powered by an electric, internal combustion, or other power source that is capable of propelling the device without human propulsion, excluding a moped, motor vehicle, motor scooter, or motorcycle as defined by section 291C-1."

SECTION 3. Section 286-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

SECTION 5. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . SPECIAL RULES FOR MOTORIZED SCOOTERS

§291C-A Definition. "Motorized scooter" means a two or more wheeled device that has handlebars, designed to be stood or sat upon only by the operator and is powered by an electric, internal combustion, or other power source, that is capable of propelling the device without human propulsion, but excluding a moped, motor vehicle, motor scooter, or motorcycle as defined by section 291C-1.

§291C- B Motorized scooter; prohibited uses. No person shall operate a motorized scooter upon any sidewalk, or public park, public property, or public school grounds.

§291C-C Effect of violations; vicarious responsibility; jurisdiction. (a) It is a violation for any person to do any act forbidden or fail to perform any act required in this part, except as otherwise provided by law.

(b) Any negligence, misconduct, or violation of this part by a minor while driving a motorized scooter shall be imputed to the parent or guardian having custody of that 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 motorized scooter upon any roadway or highway or any other publicly owned place under the jurisdiction of the State or any county.

§291C-D Traffic laws apply to persons driving motorized scooters. Every person driving a motorized scooter 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.

§291C-E Driver's license required. (a) No person shall drive a motorized scooter unless the person:

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

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

(b) The driver of a motorized scooter, upon the demand of a police officer, shall exhibit the 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).

§291C-F Driving of motorized scooter. (a) No person less than fifteen years of age may drive a motorized scooter.

(b) No person may drive a motorized scooter while sitting on it.

§291C-G Driving motorized scooter on roadways. (a) Every person driving a motorized scooter upon a roadway at a speed less than the normal speed of traffic moving in the same direction at that 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 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; or

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

(b) Persons driving a motorized scooter upon a roadway shall drive in single file.

(c) No person shall drive a motorized scooter on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a motorized scooter on any path or other area intended for the exclusive use of pedestrians.

§291C-H Driving motorized scooters on bicycle lanes and paths. (a) Wherever bicycle lanes are provided on the roadway, motorized scooter drivers shall use those 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 those bicycle paths by motorized scooters. Signs clearly visible to an ordinarily observant person indicating the restriction or prohibition shall be placed along bicycle paths so designated and every motor scooter driver shall obey the directions thereof.

§291C-I Speed restrictions on motorized scooters. (a) No person shall drive a motorized scooter 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 motorized scooter at a speed greater than five miles per hour (eight kilometers per hour).

§291C-J Clinging to vehicles, bicycles, etc. No person driving a motorized scooter shall attach oneself or the motorized scooter 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 motorized scooter or the driver.

§291C-K Use of motorized scooter after daylight. No motorized scooter shall be 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.

§291C-L Selling motorized scooters. (a) Every person engaged in the retail business of selling motorized scooters shall provide the person purchasing a motorized scooter with a copy of the rules for motorized scooters as approved by the director of transportation. The seller shall also

provide a disclosure to buyers that their existing insurance policies may not provide coverage for these motorized scooters and that they should contact their insurance company or insurance agent to determine if coverage is provided.

(b) The disclosure shall include the following language in capital letters, in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure:

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

§291C-M Motorized equipment requirements and inspection. (a) Every motorized scooter offered for sale for use upon, sold for use upon, or used upon the roadways and highways shall be equipped with a motor having an electric or other power source that is capable of propelling the device without human propulsion, but excluding a motor for a moped, motor vehicle, motor scooter, motorcycle as defined by 291C-1.

(b) The director of transportation by rules adopted pursuant to chapter 91, shall establish:

(1) Criteria which shall comply with this part; and

(2) Criteria and procedures for the annual safety inspection of every motorized scooter.

§291C-N Certification of compliance. A person engaged in the business of selling motorized scooters shall provide to the director of finance of the county in which the motorized scooters are sold a certificate from the motorized scooter manufacturer that each class, type, or model of motorized scooter offered for sale or sold meets the performance and equipment requirements of this part.

§291C-O Defacing serial numbers, etc., of motorized scooters. No person shall wilfully deface, destroy, or alter the serial number, a component part number, or identification mark, if any, that is placed on any motorized scooters by the manufacturer thereof.

This section shall not prohibit the restoration by an owner of an original mark or number when the restoration is authorized in writing by the director of finance, nor prohibit any manufacturer from placing in the ordinary course of business numbers or marks upon new mopeds or new parts thereof. Violation of this section shall be a misdemeanor and shall result in a fine of not more than $500.

§291C-P Unlawful to possess certain motorized scooter. It shall be unlawful for any person to possess a motorized scooter or any motorized scooter part knowing that the serial or identification number, if any, that was placed thereon by the manufacturer has been changed, altered, erased, or mutilated.

Violation of this section shall be a misdemeanor; provided the maximum fine shall be more than $500.

§291C-Q Modifying motorized scooter motor; violation. (a) A motor used to power a motorized scooter 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 (seven hundred forty watts).

(b) Any person who violates this section shall be fined not more than $500.

§291C-R Motorized scooter liability insurance; coverage for damage by rented or leased motorized scooter. (a) Every person who offers a motorized scooter for rent or lease shall insure the motorized scooter 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 motorized scooter arising out of the ownership, maintenance, or use of the motorized scooter. The motorized scooter liability insurance shall have a coverage of not less than $25,000 per occurrence bodily injury and $5,000 per occurrence property damage.

(b) Every person renting a motorized scooter to another shall keep a record for two years of the registration number, vehicle identification number, or other unique identifying number, of the motorized scooter so rented, the name and address of the person to whom the motorized scooter is rented, the number of the driver's license of the latter person, and the date and place when and where the driver's license was issued. This record shall be open to inspection by any police officer or the examiner of drivers or the examiner of drivers' representative."

SECTION 6. Section 249-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read as follows:

""Motorized scooter" means a two or more wheeled device that has handlebars, designed to be stood or sat upon only by the operator and is powered by an electric, internal combustion, or other power source, that is capable of propelling the device without human propulsion, but excluding a moped, motor vehicle, motor scooter, motorcycle as defined by section 291C-1."

2. By amending the definition of "moped" to read:

""Moped" means a device upon which a person may ride which has two or three wheels in contact with the ground, 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 device, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and 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[.] but excludes motorized scooters."

3. By amending the definition of "motor vehicle" to read:

""Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes mopeds[.] and motorized scooters."

4. By amending the definition of "vehicle" to read:

""Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, but excludes devices moved by human power [or], devices used exclusively upon stationary rails or tracks [~~and~~], mopeds[.] and motorized scooters."

SECTION 7. Section 286-2, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read as follows:

""Motorized scooter" means a two or more wheeled device that has handlebars, designed to be stood or sat upon only by the operator and is powered by an electric, internal combustion, or other power source, that is capable of propelling the device without human propulsion, excluding a moped, motor vehicle, motor scooter, motorcycle as defined by section 291C-1."

2. By amending the definition of "moped" to read:

""Moped" means a device upon which a person may ride which has two or three wheels in contact with the ground, 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; and 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[.] but excludes motorized scooters."

3. By amending the definition of "motorcycle", "motor scooter", and "motor vehicle" to read:

""Motorcycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground, but excludes [a] farm [~~tractor and a moped.~~] tractors, mopeds, and motorized scooters."

""Motor scooter" means every motorcycle with a motor which produces not more than five horsepower, but excludes a [~~moped.~~] mopeds, and motorized scooters."

""Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but which is not operated upon rails, but excludes [~~a moped.~~] mopeds and motorized scooters."

4. By amending the definition of "passenger car" to read

""Passenger car" means every motor vehicle, except motorcycles [~~and~~], motor scooters, and motorized scooters, designed for carrying ten passengers or less and used for the transportation of persons."

5. By amending the definition of "vehicle" to read

SECTION 8. Section 289-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Motorized scooter" means a two or more wheeled device that has handlebars, designed to be stood or sat upon only by the operator and is powered by an electric, internal combustion, or other power source, that is capable of propelling the device without human propulsion, but excluding a moped, motor vehicle, motor scooter, or motorcycle as defined by section 291C-1."

2. By amending the definition of "motor vehicle" to read:

""Motor vehicle" means every vehicle which is self-propelled[.] but excludes motorized scooters."

SECTION 9. Section 342I-21, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read as follows:

""Motorized scooter" means a two or more wheeled device that has handlebars, designed to be stood or sat upon only by the operator and is powered by an electric, internal combustion, or other power source, that is capable of propelling the device without human propulsion, but excluding a moped, motor vehicle, motor scooter, or motorcycle as defined by section 291C-1."

2. By amending the definition of "motor vehicle tire" to read:

""Motor vehicle tire" means any tire that is used or designed for use on a motorized vehicle including but not limited to an automobile, bus, motorcycle, truck or heavy equipment[.] but excludes motorized scooters."

SECTION 10. Section 481I-2, Hawaii Revised Statutes, is amended by amending the definition of "motor vehicle" to read as follows:

""Motor vehicle" means a self-propelled vehicle primarily designed for the transportation of persons or property over public streets and highways which is used primarily for personal, family, or household purposes[.] but excludes motorized scooters. For purposes of this definition, a "motor vehicle" also includes a "demonstrator", which means a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model or type, but does not include mopeds, motorcycles, or motor scooters, as those terms are defined in chapter 286, or vehicles over 10,000 pounds, gross vehicle weight rating. For purposes of this definition, a "motor vehicle" also includes (1) an individually registered vehicle used for an individual's business purposes and for personal, family, or household purposes; and (2) a vehicle owned or leased by a sole proprietorship, corporation or partnership which has purchased or leased no more than one vehicle per year, used for household, individual, or personal use in addition to business use."

SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________