Every few decades, a new, more affordable and efficient means of personal conveyance emerges. E-bikes are the new kid on the block, and judging by the growing number of riders zipping by in near-silence on metro, residential and rural roads, they are likely here to stay. With the safety of riders, pedestrians and motorists in mind, state and county lawmakers, in cooperation with the state Department of Transportation (DOT), must develop clear and actionable rules for immediate implementation.
Preliminary steps were taken to define, categorize and regulate e-bikes in 2019’s Act 208, but ensuing attempts to refine and modernize that law have failed. In the interim, e-bike technology has continued to improve, enabling manufacturers to market faster models at more affordable prices.
Many U.S. states categorize e-bikes into three different classes — Class 1, Class 2 and Class 3 — for local bike laws. Generally, Class 1 describes models with a top speed of 20 mph and an electric motor that switches on — with or without a throttle — only when a rider is pedaling. Class 2 models are similarly limited to 20 mph, but add handlebar-mounted throttles that can be operated with or without pedal power. Class 3 e-bikes have a speedometer and can travel up to 28 mph, though regulations vary on throttle requirements.
The output power of an e-bike’s electric motor typically determines speed potential, and more powerful versions are governed by software that restricts — or relaxes — speed limitations. On the top end, more expensive models easily hit 60 mph, while some makers advertise speeds surpassing 90 mph.
Under Hawaii law, e-bikes moving faster than 28 mph are considered electric mopeds or motorcycles and fall under traditional motor vehicle statute. But software limiters, motor wattage, vestigial foot pedals and retailer marketing make law enforcement and compliance difficult. This is a detriment to rider safety, which in many cases affects children who use e-bikes registered to a parent or adult.
In April, a 12-year-old boy riding an e-bike was critically injured when he was struck by a car near Ewa Beach. The tragedy prompted Ewa Makai Intermediate School to ban the vehicles on school grounds. Hawaii law requires riders to be at least 15 years old to operate a low-speed (Class 1 or 2) e-bike registered to an adult household member, a mandate obviously flouted by some in isle communities.
Bans seem an overreaction at this stage — but certainly, more must be done to educate riders and registered owners on e-bike capabilities and dangers.
Beyond a lack of knowledge about rules of the road, too many children are riding without helmets, a trend that must be stopped. Helmets are currently required for anyone under age 16 riding a bicycle, and for anyone under age 18 operating a moped. A more strident effort to bolster and enforce these regulations is needed.
Stakeholders must also consider how best to manage e-bikes as they increasingly intermingle with cars, pedestrians and pedal-powered bicycles. Without special accommodations on city streets, it is right to allow Class 1 and 2 e-bikes in designated bike lanes, while keeping higher-speed Class 3 ones out. However, forcing riders who may not be familiar with traffic laws onto roadways is a recipe for disaster. Like mopeds, all e-bikes with Class 3
capabilities — even those not operating in a mode allowing speeds over 28 mph — should be operated only by riders with a valid driver’s license.
With e-bike sales on the rise and big-box stores now carrying entry-level models, now is the time to accelerate rider education efforts. DOT is partnering with the Hawaii Bicycling League (HBL) to produce public service announcements on safe e-bike operation, which are slated for later this year. The sooner, the better. Other learning avenues, like HBL’s “Intro to E-Bikes” workshop or mandatory online courses, should be explored and codified into law.
Hawaii’s on-the-books regulations are dated and must be brought up to speed. It will take only one meeting between a 40-pound e-bike and a 4,000-pound car to prove that point.