Kokua Line June Watanabe

Mopeds must use bike lane if going slower

Question: Michael Glenn, in a letter to the editor -- starbulletin.com/2008/07/27/editorial/letters.html -- states that mo-ped riders are to use the bicycle lane if such lanes are provided. He states in his letter that most mo-ped riders don't realize this. I've been riding a mo-ped for more than 25 years, but I didn't know this. Is what he said true? Can you clarify the law?

Answer: We looked up the laws and double-checked with the Honolulu Police Department. What Glenn said is correct, if a mo-ped is traveling slower than the normal speed of traffic.

This is another instance in which you're supposed to know what the laws are without having signs telling you.

Over the past few years, police have issued hundreds of citations for mo-ped violations, most not because the drivers were driving in the middle of a lane; many were because the mo-peds were on sidewalks.

Under Section 291C-196 of the Hawaii Revised Statutes, "Driving mo-peds on roadways," it says, "Every person driving a mo-ped upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right side of the roadway as practicable," with certain exceptions.

The exceptions are when the mo-ped is preparing to make a left turn; has to avoid unsafe conditions or obstacles; or is traveling on a roadway with two or more marked lanes carrying traffic only in one direction, in which case the mo-ped can also travel as near to the left side of the roadway as practicable.

Mo-ped riders are required to drive in single file and are not supposed to go on sidewalks.

Wherever there are bicycle lanes and paths, Section 291C-197 of the Hawaii Revised Statutes says "mo-ped drivers shall use such bicycle lanes."

However, that section also says the transportation directors in each county can restrict or prohibit mo-peds in bicycle paths, but if so, they have to post "clearly visible" signs.

Meanwhile, bikers basically are covered by the same laws as mo-ped riders, with some differences.

They are supposed to ride in single file for the most part, but, "where the flow of traffic is unimpeded," they are allowed to ride two abreast in bike lanes and paths that are wide enough to accommodate them, unless otherwise prohibited by the counties.

See Section 291C-145 for specifics about bike riding on public roads.

According to Traffic Violations Bureau records for Oahu from 2003 to 2007, the number of citations issued to mo-ped drivers has steadily increased: 512 in 2003; 608, 2004; 633, 2005; 681, 2006; and 731, 2007.

The majority were for not having a driver's license or for illegally carrying a passenger.

Citations issued to mo-ped drivers for not staying on the right side of a roadway numbered seven in 2003; eight in 2004; five, 2005; 15, 2006; and 11, 2007.

Those are relatively few compared with the citations issued to mo-ped drivers caught riding on sidewalks: 16 in 2003; 48, 2004; 55, 2005; 47, 2006; and 68, 2007.

Only a handful of mo-ped drivers were cited for not using bike lanes: eight in 2005; three, 2006; two, 2007.