RoadWrinkle
100 W
Despite several instances I have heard of where Hawaii judges have dismissed the case for ticketed e-cyclers (some posted here viewtopic.php?f=3&t=32982) e-bicycles are still defined as "illegal motor vehicles" under HRS 291 here in Hawaii, and HR 727 (Federally defined max) will only help you if you run<750w @ under 20mph.
The judge in a traffic court case has the discretion to make "fact findings", but not change statutory law. So when such cases are dismissed, it is based on a fact finding that a particular e-bike "is not a moped" as defined by HRS 291, as opposed to a legal finding that e-bikes are exempt from the law. In other words, these examples where cases have been dismissed have no broad implications for ALL Hawaii e-bikers. A traffic court judge cannot set case precedence or interpret the validity of a particular statute or law (like an appellant court can), they must follow the law, where the facts make the law applicable.
So, as a practical matter, it would appear that most Hawaii judges will lean in the direction of dismissal when an e-biker is ticketed, but that won't prevent Hawaii riders from getting pulled over and ticketed (or even having your "illegal" bike confiscated by the police, which they can do if they want to). Also, most riders that have had their tickets dismissed showed up to court with proof that their bikes did not exceed the Federal standards for maximum power.
This is a major-bummer, IMHO. Hawaii is trying to advertise their progressive thinking and action when it comes to alternative power sources like solar and wind, but they are on "local time" when it comes to changing their own laws in response to new technologies.
The judge in a traffic court case has the discretion to make "fact findings", but not change statutory law. So when such cases are dismissed, it is based on a fact finding that a particular e-bike "is not a moped" as defined by HRS 291, as opposed to a legal finding that e-bikes are exempt from the law. In other words, these examples where cases have been dismissed have no broad implications for ALL Hawaii e-bikers. A traffic court judge cannot set case precedence or interpret the validity of a particular statute or law (like an appellant court can), they must follow the law, where the facts make the law applicable.
So, as a practical matter, it would appear that most Hawaii judges will lean in the direction of dismissal when an e-biker is ticketed, but that won't prevent Hawaii riders from getting pulled over and ticketed (or even having your "illegal" bike confiscated by the police, which they can do if they want to). Also, most riders that have had their tickets dismissed showed up to court with proof that their bikes did not exceed the Federal standards for maximum power.
This is a major-bummer, IMHO. Hawaii is trying to advertise their progressive thinking and action when it comes to alternative power sources like solar and wind, but they are on "local time" when it comes to changing their own laws in response to new technologies.
:? 
My point was that HR 727 is applicable in Hawaii (and all other states) See also 15 U.S.C. 2051 et seq for the Consumer Product Safety Act as follows:
