Overview of Laws Regulating Bikes and E-Bikes in Hawaii
In light of recent questions about the laws regulating bicycles and e-bikes, our Office has prepared an overview of some of the regulations that govern these vehicles.
An electric bike in Hawaii is currently defined as a “low-speed electric bicycle.” This means a two or three wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts with a maximum speed on a paved level surface of less than 20 miles per hour.
Individuals under the age of 15 are prohibited from operating low-speed electric bicycles. (Hawaii Revised Statutes Section 291C-143.5)
Bicyclists and e-bike riders under the age of 16 are required to wear a properly fastened helmet. (H.R.S. 291C-150)
A bicyclist must ride on the permanent, regular seat attached to the bicycle. No bicycle shall be used to carry more persons at one time than the number for which it was designed and equipped. (H.R.S. 291C-143)
No person shall ride a bicycle equipped with a motor on any sidewalk. (H.R.S. 291C-145)
Traffic laws apply to persons riding bicycles. (H.R.S. 291C-142)
Any bicycle used from thirty minutes after sunset until thirty minutes before sunrise must have a head light, facing forward that emits a white light and is visible at least five hundred feet from the front. (H.R.S. 291C-147)
If an electric bike goes more than 20 mph, it is no longer classified as a bicycle under the Hawaii Revised Statutes. This means that it is subject to the rules governing vehicles. Depending on the horsepower, speed and wattage of the vehicle, these may be classified as mopeds, motor scooters or motorcycles. Operation of these vehicles may require a driver’s license.
In other words, what may appear to be an e-bike may actually be a moped, motor scooter or motorcycle. For an e-bike that is technically a “moped,” it is prohibited to be driven at more than 35 miles per hour. Any moped operator on a public street, road, or highway, or on any public property must be at least 15 years old and must possess a valid driver’s license or instructional permit. Moped operators under the age of 18 years are required to wear a helmet. (H.R.S. 291C-191to 291C-207)
New vehicles are being introduced to the market faster than regulations are being developed and enforced. Given the speed at which these vehicles can travel and their weight, the risk of harm exceeds that of a traditional pedal bicycle.
House Bill 435 (companion Senate Bill 392) is pending at the Hawaii State Legislature. It would amend the definition of electric bicycles and classify electric bicycles by top assisted speed. It would establish additional regulations for the registration and use of electric bicycles and increase the minimum age to operate an electric bicycle.
Prosecutor Like stated, “Safety precautions begin at home. Children under the age of 16 are required to wear helmets on bikes and e-bikes; those under age 18 are required to wear helmets on mopeds. No one under the age of 15 is permitted to operate an e-bike or moped. Electric bikes are also prohibited on sidewalks. There has been an increase in crashes involving motor vehicles and e-bikes, often with children suffering serious injuries. Our Office is working with the Kauai Police Department in increasing enforcement of these existing regulations. We encourage parents to familiarize themselves with existing laws, especially the requirement that children wear helmets.”
For more information on bicycle safety, please visit:
https://www.honolulu.gov/rep/site/dts/bike_docs/BicycleAAASharingTheRoad.pdf
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