E-bike bill veto leaves road safety gap, House Transportation panel chair says

House Transportation Committee Chair Darius Kila says he’s deeply disappointed with Gov. Josh Green’s veto of House Bill 958, which would have encouraged safe riding of electric bicycles on Hawaiʻi roadways.

“This bill was the result of extensive work by advocates and members of both the House and Senate, and we reached agreement on a final draft during the conference committee process,” Kila said in an email. “The intent of this bill was simple: to make our roadways safer for our keiki and residents, and to protect pedestrians, bicyclists, and drivers. It’s clear that current laws do not provide adequate protections or requirements. We cannot wait for another life to be lost before meaningful action is taken.”

In response to a Maui Now request for comment, Gov. Green said that, within a week, he will issue an executive order to codify some of the provisions proposed in House Bill 958.

“The legislation that was vetoed had an actual technical flaw, and we would have had to suspend all electric cars from being able to be on the roads,” Green said. “I’ve been in conversations with legislative leadership to fast-track a bill next session that is legally permissible.”

Green added that state Department of Transportation Director Ed Sniffen has reported that 93% of Hawaiʻi’s traffic fatalities are preventable.

“So, I encourage anyone on a bicycle, e-bike or motorcycle to wear a helmet, and for all drivers to ensure they and their passengers are wearing seatbelts,” he said.

In his veto message, Green said there was a legal problem with the bill’s definition of a “high-speed electric device.” Such a prohibition on Hawaiʻi’s roadways might include electric motor vehicles, he said.

“While it appears that the failure to exempt electric motor vehicles from the prohibition in the bill was inadvertent, it would nevertheless cause confusion about the legality of using electric motor vehicles on the state’s public roadways and conflict with my commitment to reducing greenhouse gases,” the governor said.

Within the past year, there have been two fatal traffic deaths on Oʻahu involving e-bicycles:

• In late February, 7-year-old Azaleia Young-Kawaʻa was critically injured and died March 12 after being struck by a vehicle at an Ewa Beach intersection while she was riding her e-bike. Police said she was hit by a car and thrown onto the road. She was not wearing a helmet. The driver of the vehicle was a juvenile.
• In August, 15-year-old Campbell High School student Maddex Fiesta died from blunt force trauma to the head when he was struck by a vehicle while riding an electric bike and crossing a marked intersection, but going against a “do not walk” signal in Ewa Beach. The vehicle was operated by a 75-year-old driver. Investigators reported Fiesta was not wearing a helmet.

Public testimony on House Bill 958 was overwhelmingly in favor of the measure.

Kila said he reached out to the Hawaiʻi Bicycling League for clarification on the legal definition of an e-bike, what falls outside of that classification, as well as road compliance requirements and registration.

Here are the answers to frequently asked questions:

What is legally defined as an e-bicycle/e-bike? 

Low-Speed electric bicycle is defined in Hawai’i law as:  

• A two- or three-wheeled vehicle with fully operable pedals, with an electric motor of less  than 750 watts, with a maximum assisted speed of 20 mph. Advocates are hoping to update that to a slightly modified definition to align with national and  industry standards.  
• Fully operable pedals, 750 watts or less, with a maximum assisted speed of 28 mph. 

There are three classes of low-speed electric bicycles: Class 1, 2, 3. These all fit the updated definition above.  

• Hawai’i’s current definition would only cover Class 1 and 2. 
• Class 3 electric bicycles are low-speed e-bikes capable of reaching a maximum of 28 mph. They are designed primarily for commuting and may need to keep pace with regular traffic. Like Class 1 and Class 2 e-bikes, they can be ridden responsibly and should not be singled out as a safety concern. The real issues arise with the higher-speed devices described below. 

Can you clarify how ‘e-bikes’ that fall outside the legal definition are classified? Additionally, could you provide the definitions for e-bikes, electric motorcycles, and related categories? 

These are described as “high-speed electric devices,” commonly referred to as “e-motos,” electric motorcycles, or electric dirt bikes.  

Advocates’ preferred term is “e-moto” because there’s a legal definition of a motorcycle, which can be electric. E-bikes are separate and distinct. E-moto can become its own definition and outlawed on the roadways, unless they can legally be classified as another legal device (like a moped). 

Many of these devices don’t have operable pedals, use thousands of watts of power, and are capable of much higher speeds. They are not legally mopeds or motorcycles or motor scooters. They are not electric bicycles.

Can you clarify which electric bicycles meet road compliance requirements and which do not? 

Low-speed electric bicycles are legally a subset of a bicycle, and therefore are road-compliant and must follow the same rules as a bicycle.

High-speed devices that are not able to be registered as an electric bike, or other legal vehicle  (moped, motorcycle, motor-scooter) are not road-compliant. 

Under current law, which electric bicycles must be registered, and which are exempt from  registration? 

All low-speed electric bicycles must be registered with the County they are used. There is a $30 one-time fee.  

The high-speed devices cannot be registered, and therefore are not registered, which makes them illegal to operate on the roadway (even without the updated law).