The Bikeway Plan; April 1979-County of Hawaii

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MOTORIZED BICYCLES With the introduction of bikeways to Hawaii County comes the necessity to address motorized bicycles or "mopeds" a relatively new form of transportation in the United States, Bi,keplan Hawaii: A State of Hawaii Master Plan, recommends that consi- deration be given to prohibiting mopeds on all bike lanes and paths or excluding them from the definition of a bicycle or both. However, several States have rewritten the definition for mopeds and there are now thirty three States with legislation that list mopeds separately from motorcycles and virtually in the same class as bicycles. It would seem that to restrict the development of this new form of transportation before its potential is realized, is to overlook its possibilities as an energy saver, recreational vehicle and alternate mode of trans- portation. As such, this section will depict those rights -of- way which are presently available for moped use given the applicable County, State and Federal governmental regulations. The operation of bicycles and motorized bicycles in Hawaii County is regulated by Chapter 291C (H.R.S.). The Hawaii State Legislature recently redefined the term "bicycle's to include motorized bicycles, "provided the power capability of the motor shall not exceed one and one half horsepower" Act 187 -75, (S.L.H.). The Federal Highway Administration (FHWA) after reviewing Hawaii's Act 157 -75, advised the State Department of Transportation in January 1976, that "Federal -aid participation must be limited to those bikeway projects where all motorized vehicles (excepting maintenance vehicles) will be banned... bikeways are being advanced as a means to separate motorized and non -- motorized means of travel and whether we are looking at automobiles, motorcycles, or mopeds, we are still looking at a motorized vehicle and they are not compatible with bicycles and /or pedestrians." This regulation motivated the Hawaii State Legislature to adopt several laws in relation to bicycles. Act 175-78 (S.L.H.) amended Section 291C by adding a definition for mopeds, page 12, and by adding a separate part entitled, Special Rules fir ,Mo ds which includes the following sections "Section 291C Driving mopeds on roadways. (a) Every person driving a moped upon a roadway 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. (b) Persons driving mopeds upon a roadway shall drive in single file. (c) No person shall drive a moped on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a -42-