(a) Notwithstanding section moped, etc; protective devices” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>286-81(b), no person:

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Terms Used In Hawaii Revised Statutes 291C-195

  • Driver: means every person who drives or is in actual physical control of a vehicle. See Hawaii Revised Statutes 291C-1
  • Highway: means the entire width between the boundary lines of every way publicly maintained and those private streets, as defined in § 46-16, over which the application of this chapter has been extended by ordinance, when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
  • Moped: means a device upon which a person may ride that has :

    (1) Two or three wheels in contact with the ground;
    (2) A motor having a maximum power output capability measured at the motor output shaft, in accordance with SAE International standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3. See Hawaii Revised Statutes 291C-1
  • Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Hawaii Revised Statutes 291C-1
  • Street: means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Hawaii Revised Statutes 291C-1
(1) Less than fifteen years of age shall drive a moped on a highway, street, roadway, or any other public property in the State; and
(2) Less than eighteen years of age shall drive a moped unless the person wears a safety helmet securely fastened with a chin strap.

The safety helmet shall meet the specifications and requirements established by rules adopted by the director.

(b) No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped.
(c) No person shall drive a moped which is carrying any other person nor shall any person other than the driver ride upon a moped.
(d) Subsections (b) and (c) shall not apply to three-wheeled mopeds designed to carry a driver and passenger seated side by side.
(e) Three-wheeled mopeds shall be insured for liability and property damage, excluding personal injury protection.