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Motorized scooters
riding through gap
in traffic lawsQuestion: What is going on with these "motorized" scooters? Are they legal? There are about six youths in our Salt Lake neighborhood who take joy in riding these extremely noisy machines down the middle of busy streets. It will only be a matter of time before one of them gets hit by a car. Who can I lodge a complaint with?
Q: I have seen these gas-powered, two-wheeled skateboards in recent weeks running up and down the streets in the Aliamanu area. Are those things legal?? It appears to me they could end up as a death trap for neighborhood kids. They are on the scene daily now!!
Q: Are there any regulations covering those scooters with motors on the end? On Alii Street on Alewa Heights, there are a bunch of kids, about seven of them, going up and down the narrow street, making a lot of noise. They are not licensed. Can we call police on that?
Q: I am involved in the Ahuimanu Homeowners Association and received a complaint about motorized scooters running up and down our neighborhood, particularly the hilly areas. It is very dangerous. They go against traffic, speeding and are very noisy. What does the law say about them and what can we do?
Answer: The problem, police say, is that there are no laws that deal specifically with scooters and skateboards that have the added oomph of motors, propelling riders into the streets and making a racket that's become one of the latest noise annoyances around Oahu.
The state Department of Transportation already believes that scooters with motors cannot be driven on either sidewalks or streets, while Honolulu police say their reading of city ordinances allows them to be on sidewalks. Both, however, would like to restrict them to private property.
"The DOT is planning to survey other states to see how these vehicles are being handled," said John Lovstedt, of the department's Motor Vehicle Safety Office. The hope is to come up with a recommendation on regulations to the state Legislature next year.
In the meantime, you're advised to call 911 if you see them on the road, although police would have to see the actual violation before they could issue a citation, said Capt. Bryan Wauke of the Honolulu Police Department's Traffic Division. Violators are subject to a $25 fine.
Regarding the noise, although police are supposed to enforce vehicular noise complaints, they are not equipped with noise meters to determine whether the noise standard is being exceeded, Wauke said.
In addition to complaints about the noise and presence on roadways, people have complained about the danger of them being used on sidewalks, he said. However, police currently consider them "toy vehicles," allowing them to be used on sidewalks (except in Waikiki, where no one is supposed to ride a bike, skateboard or roller skates on the sidewalk), he said.
The DOT, meanwhile, points to the Hawaii Revised Statutes in considering motorized scooters as neither motor vehicles nor toy vehicles.
According to HRS 291C-1, Lovstedt said, the definition of a "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."
Lovstedt said since a motor vehicle is self-propelled, "a scooter with a motor at first glance appears to be a motor vehicle." But a motor vehicle can be sold for use on roads only if its manufacturer certifies it complies with Federal Motor Vehicle Safety Standards, he said.
"These motorized scooter will never meet these standards. Therefore, these things cannot be used on the streets," he said. "If they can't be used on the streets, they do not fit the definition of either a vehicle or a motor vehicle."
Lovstedt said HRS 291C-1 also defines streets as being for vehicular travel and sidewalks for use by pedestrians.
"Bicycles and toy vehicles are exceptions," he said. But since motorized scooters "are not powered only by humans, they do not fit the definition of a bicycle or toy bicycle, which includes scooters."
Thus, Lovstedt said, "By exclusion, there is currently no place available to use these motorized scooters except on private property."
But police are hamstrung by the lack of a specific definition of these vehicles and their regulation, Wauke said.
"This is just one of the new devices coming out that need to be addressed in the laws with specific regulations," he said.
Meanwhile, the issue has already surfaced at the Legislature, although no action is expected to be taken this session.
House Bill 2126, relating to motorized scooters, would have provided special rules for them, treating them the same as mopeds. Under the proposal, operators would be required to have a license and the vehicles would be banned from sidewalks and other public areas. However, the bill was deferred by the House Transportation Committee.
Mahalo
To Peter for letting me use his home phone even though he was on his way to work one recent night; to Joe from Auto Rescue, who gave me the gas for my car; and much love to Laverne for all her support and ideas. Thank you all for helping me with my car on a manic Monday. -- Petra
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