Lime electric scooters in violation of state and city laws

Honolulu – After the recent deployment of approximately 200 for-rent electric scooters in Waikīkī and urban Honolulu by Neutron Holdings Inc., doing business as LimeBike or Lime, on Friday May 11, which did not have required license plates and created public nuisances on the city’s sidewalks, Corporation Counsel Donna Leong has sent a letter to Lime informing the company that the electric scooters are mopeds, which require registration with the city as well as license plates (see attached letter). In addition, the parking, placing or rental of the electric scooters on or from city sidewalks violates several state and city laws (see attached letter).



Under HRS Section 249-1, the Lime electric scooters are “mopeds” since:





A person can ride on them;

They have two wheels;

They have an electric motor;

Their maximum power output is 250 watts, which is less than the maximum 1,492 watts in order for the scooter to be classified as a moped and not as a motorcycle;

The maximum speed of the electric scooters is 14.8 miles per hour, which is less than the 30 miles per hour in order for the scooter to be classified as a moped and not as a motorcycle; and

The electric scooters have a direct or automatic power drive system with no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

The Honolulu Police Department (HPD) has been taking possession of the electric scooters because they were parked or placed on the city’s sidewalks and constituted public nuisances or because they trespassed on privately owned properties and the owners of those properties asked that they be removed.



The electric scooters must have a moped license plate and a tag or emblem affixed as required by HRS Section 249-1, which are obtained through the moped registration process administered by the city’s Department of Customer Services (CSD). The registration process also requires a safety inspection.



The Lime electric scooters also fall within the definition of a “vehicle” under HRS Section 249-1 and:





Cannot be parked on sidewalks pursuant to city ordinance, ROH Section 15‑14.1(a)(1);

Cannot obstruct the sidewalks pursuant to ROH 15-14.2; and

Cannot be rented from the sidewalks.

All of these activities on city sidewalks create a hazardous condition or a public nuisance.



In her letter, Corporation Counsel Leong informed Lime that, “Should the electric scooters be redeployed and parked or placed on, or rented from, the city’s sidewalks, or should the electric scooters not have the license plate and a tag or emblem affixed as required by HRS Section 249-1 evidencing registration, they will be in violation of applicable laws and will be immediately seized by HPD.”



Mayor Kirk Caldwell, via the city’s Department of Transportation Services, informed Lime on Wednesday, May 9 not to proceed with the deployment of these electric scooters, but the company chose to ignore this warning, and, contrary to statements by Lime officials to the media, did not hold any meaningful or serious discussions with the city’s executive branch before doing so (letter also attached).



The letter indicates that Mayor Caldwell is willing to direct his administration, which is charged with implementing the laws, to meet with Lime to understand how the company intends to comply with existing laws.

-PAU-