Report Title:

Electric Personal Assistive Mobility Device

Description:

Excludes electric personal assistive mobility devices from definition of moped, motor vehicle, and vehicle.

THE SENATE

S.B. NO.

2601

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PERSONAL TRANSPORTATION.

 

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

SECTION 1. Section 249-1, Hawaii Revised Statutes, is amended by:

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

""Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device, designed to transport one person only, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less."

2. Amending the definition of "moped" to read as follows:

""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 an electric personal assistive mobility device."

3. Amending the definition of "motor vehicle" to read as follows:

""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 electric personal assistive mobility devices."

4. Amending the definition of "vehicle" to read as follows:

""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 electric personal assistive mobility devices."

SECTION 2. Section 286-2, Hawaii Revised Statutes, is amended by:

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

""Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device, designed to transport one person only, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less."

2. Amending the definition of "moped" to read as follows:

""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 electric personal assistive mobility devices."

3. Amending the definition of "motor vehicle" to read as follows:

""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[.] and an electric personal assistive device."

4. Amending the definition of "passenger car" to read as follows:

""Passenger car" means every motor vehicle, except motorcycles [and], motor scooters, and electric personal assistive mobility devices, designed for carrying ten passengers or less and used for the transportation of persons."

5. Amending the definition of "vehicle" to read as follows:

""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 electric personal assistive mobility devices."

SECTION 3. Section 289-1, Hawaii Revised Statutes, is amended by:

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

""Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device, designed to transport one person only, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less."

2. Amending the definition of "motor vehicle" to read as follows:

""Motor vehicle" means every vehicle which is self-propelled[.] but excludes an electric personal assistive device."

SECTION 4. Section 291C-1, Hawaii Revised Statutes, is amended by:

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

""Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device, designed to transport one person only, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less."

2. Amending the definition of "moped" to read as follows:

""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 an electric personal assistive mobility device."

3. Amending the definition of "motor vehicle" to read as follows:

""Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power but not operated upon rails but excludes a moped[.] and an electric personal assistive mobility device."

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

""Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway or highway, including mopeds and bicycles, but excluding toy bicycles, devices other than bicycles moved by human power, [and] devices used exclusively upon stationary rails or tracks[.], and electric personal assistive mobility devices."

SECTION 5. Section 342I-21, Hawaii Revised Statutes, is amended by:

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

""Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device, designed to transport one person only, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less."

2. Amending the definition of "motor vehicle tire" to read as follows:

""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 excluding an electric personal assistive mobility device."

SECTION 6. Section 481I-2, Hawaii Revised Statutes, is amended by amending:

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

""Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device, designed to transport one person only, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less."

2. 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 an electric personal assistive mobility device. 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 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________