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Bicycle with engine
is not legal to ride

Question: What is the legal age for someone to ride a mo-ped-type bike in Kailua? The bicycles are modified with a very small engine. The operator can pedal but use the engine for going up hills. They go less than 20 mph. My 12-year-old son wants to build one, but I want to check the law and see if he could ride it on the bike lanes.

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STAR-BULLETIN 2005 State law requires mo-ped riders to be 15 and have a permit or license, but new licensing laws require someone to be at least 15 1/2 to obtain a driving permit.

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Answer: Interesting question, because the vehicle you describe is not recognized in state statutes and is not legal to ride on public streets or sidewalks, no matter what the rider's age.

The "mo-ped-like bike" is not a bicycle, because a bicycle is defined (in Chapter 291C-1 of the Hawaii Revised Statutes), as "every vehicle propelled SOLELY BY HUMAN POWER (our emphasis) upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle."

According to a staff person with the state Department of Transportation: "If you put a motor on a bicycle, it is no longer a bicycle. Neither is it anything else that is defined in the statutes. It becomes similar to a motorized scooter or pocket motorcycle, neither of which can be used on the streets or sidewalks legally."

Because the Department of Transportation has not classified "a bicycle aided by an engine," the city has no classification for such vehicles and therefore, no licensing requirements, said David Mau, assistant administrator of the Motor Vehicle & Licensing Division.

According to the Transportation Department's interpretation of the laws, "The only way a person could ride a vehicle like the one described is to have a legislative change," the transportation official said.

He noted that a bicycle with a small motor for use on hills was the original concept of a mo-ped, or "motorized pedalcycle." All the early model mo-peds had pedals, but only a few do so today, he said.

Mo-peds today are more like motor scooters than bicycles, notably because the federal government classifies mo-peds as small motorcycles, he said.

That's why mo-peds must have a manufacturer's label certifying they comply with federal Motor Vehicle Safety Standards and a vehicle identification number. A VIN is required to register a motor vehicle or mo-ped; a bicycle with a motor on it cannot be registered, because it has no VIN.

"The Legislature would need to modify this requirement or allow motorized bicycles to be driven on the roads with a bicycle registration," the transportation official said. He noted the Legislature made such a recent exception, allowing "electric personal assistive mobility devices" -- Segways -- to be used on sidewalks.

Under state laws, mo-peds are classified as devices that cannot go faster than 30 mph, not as motor vehicles, so they do not require insurance. But the transportation official did observe, "It is not at all uncommon to see mo-peds on the road traveling 45 or 50 mph."

Although state law says you have to be 15 and have a permit or license to operate a mo-ped, new licensing laws require someone to be at least 15 1/2 to obtain a driving permit. So it is more accurate to say that you have to be at least 15 1/2, with a permit, to operate a mo-ped.

Free towing

There's no need to junk any vehicle on the side of the road as long as you have the title.

We were contacted by a representative of Junk-yard.org, a national nonprofit organization, after we responded to a complaint about "junk cars left on the road" (Kokua Line, March 9).

We noted the city offers free towing, so long as the vehicle owner surrenders the endorsed certificate of title, last issued certificate of registration and license plates, and submits a completed "junking" form.

Junk-yard.org also offers free towing in Honolulu, with proceeds from whatever it receives from the vehicle going to benefit "children throughout the entire U.S."

We asked if any children from Hawaii received help and were told, "Children from Hawaii receive the same consideration as children from any other area."

No specific information was given.

The Better Business Bureau of Hawaii said it had not received any complaints or inquiries about the organization. It did a search of the BBB's national database and found no reports from other BBBs.

You can find information and contact the organization by going to www.junk-yard.org.

Basically it has contracted with a local towing company to pick up cars in Honolulu, "usually within 72 hours."

You can either fill out a pick-up form online, or a representative can take down the information over the phone. The towing company will then call to arrange a pickup time. You need to provide the vehicle's title, as well as a key.

"In addition to helping communities clean up their junk cars, all proceeds from our Web site goes to help pay for the education of at-risk youth," a representative said.

The Web site said proceeds benefit Joy for Our Youth, "an international organization providing for the physical, emotional, and educational needs of distressed and at-risk youth."

Junk-yard.org is classified as a 501(c)(3) charity organization. You are advised to check with your tax adviser or accountant to determine the amount of deduction you can claim if you donate your vehicle.

The BBB Wise Giving Alliance Web site has information on donating cars to charity, including information about how much of a tax deduction you can expect from donating a car, boat or other vehicle.

Call the local BBB at 536-6956, or check www.bbb.orgalertsarticle.asp?ID=498 or the Internal Revenue Service's Web site, www.irs.govcharitiesarticle0,,id=139579,00.html

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