Appreciate your time in reviewing my email. I provided written testimony and listen to all testifiers today. There were very good points made today by testifiers.
From looking at this as a observer as well as a advocate for bicycling on Maui we need to take a step back and review this more carefully. Here are few pointers I like to make in addition my testimony
Important to review Bicycle-Tour-Study report created 2010
http://mauicounty.us/wp-content/uploads/2014/09/Bicycle-Tour-Study.pdf
Some good points addressed in the report I have copy pasted for your convenience:
5.8 Small Business Regulatory Review
The Small Business Regulatory Review Board was established in 1998 by the Small Business Regulatory Flexibility Act, codified in Chapter 201M, Hawaii Revised Statutes. The Board is attached to the State Department of Business, Economic Development and Tourism for administrative purposes. One of the main functions of the Board is to review proposed agency regulations that may affect small businesses. The Board’s purview extends to “agencies” which are defined as any State or County board, commission, department or officer authorized by law to make rules, except those in the legislative or judicial branches. However, for requests regarding County ordinances, the Board may make recommendations to the County Council or the Mayor for appropriate action. The regulatory review process focuses on a determination of small business impacts. Prior to submitting proposed rules for adoption, amendment, or repeal, the agency must prepare a small business economic impact analysis to educate the public about benefits and consequences of proposed rules. While regulations are needed to achieve important Maui Downhill Bicycle Tour Study Chapter 5 Regulatory Environment 5-15 public policy goals, sometimes they may be unduly burdensome to small employers. Regulatory flexibility ensures that small business regulatory impacts are measured and analyzed, and that less burdensome alternatives are considered.
5.6 Complete Streets The 2009 State Legislature passed, and the governor signed, what is referred to as the Complete Streets Act (Act 54). This law amended Chapter 286, Hawaii Revised Statutes, and directs the State Department of Transportation and County transportation departments to adopt a complete streets policy “to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions…including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.” “Complete streets” is a nationwide initiative to promote safer, more livable, and welcoming road networks for everyone.
This new law establishes a policy framework requiring State and County governments to take a broader look at how the transportation network serves all users through flexible design and sensitivity to the community context. As a policy statement, it is an important signal that the need to consistently accommodate different types of road users is a new priority in highway design.
Comparison of CORA and Commercial Bicycle Tours The CORA rules emerged after longstanding concerns by local citizens about the use and availability of public park resources. The primary objective of the CORA rules was to balance competing interests in an equitable manner. Public roads, like public parks, are subject to space constraints and congestion. However, there are significant differences between the commercial ocean recreation activities and commercial bicycle tours, and the environments in which they occur. Regulating uses on the affected roadways would involve both State and County agencies. The State Department of Transportation and County Department of Public Works have jurisdiction over State and County roadways, respectively, but traditionally have not been charged with extensive regulatory functions.
Ref bike tour study Page 209 – 2015 recommended with maps to improve infrastructure. Something to look in to did county implement any of these?
In 2015 Baldwin Avenue Bikeway – planning, $500,000 was approved by county council. What happened to that budget?
To my knowledge it was not implemented. I have emails to DPW and followed up may times on tis matter in 2015- 2016 time frame no action was taken.
Also HDOT is conducting a survey on bike and rd. improvement projects.
It is important to work with HDOT and have community organizations get this to community members for their feedback, more survey will have higher chance of getting them implemented. https://hidot.hawaii.gov/highways/online-survey-to-gather-comments-on-state-bikeway-needs/
https://www.arcgis.com/home/webmap/viewer.html?webmap=a5dc3988307c473dae8df6ffd89ab32d&extent=-162.8449,18.0186,-152.0783,22.906
We should work with MPO and tap in to funding that will come available to make Maui more bike friendly
We should be proactive and take advantage of opportunities like bipartisan infrastructure bill-https://bikeleague.org/content/bipartisan-infrastructure-bill-passes-major-funding-better-biking
My thought is this not something we can decide in few meetings. Need to take a step back review the study done in 2010 see if what was followed through and then have a discussion with bike related business and community and find a solution without killing small businesses. It is important for us as a community to be business friendly while keeping safety in mind and bike friendly. Also not to punish the small business, make our county departments to follow throw on their commitments. There also need to be enforcement. For the longest time on Maui people ride on the wrong side of the road and against traffic. No enforcement at all. If we can’t enforce something so simple and so dangerous are we going to create more rules that we may never enforce. Allocate funding for enforcement if we are going to make new rules. Something to think about. Please do not make new rules without a plan for implementation.
I appreciate all your hard work.
Mahalo for your efforts in helping to create a Bicycle-Friendly community on Maui.
Mahalo!
Saman Dias
Chair Maui Bicycling League
808-633-8553 ext 100
maui@hbl.org
www.mauibike.org
Aloha Government Relations, Ethics, and Transparency (GREAT) Committee. My name is Aaron “Moose” Reichert. I am writing in my testimony on the proposed ordinance amendment to Maui County Code Chapter 5.22 - Bicycle Tour Business. After reading the draft proposal, I am deeply concerned with the repercussions of how it will impact my small business in Makawao, Krank Cycles. The bike shop centers around the bike community of Maui County and also to anyone who wants to rent or buy a bike to enjoy our beautiful islands.
This proposed ordinance will financially impact my small business which will have negative repercussions to our local community. The volunteer-based “Maui Bike Mission” program which Krank Cycles offers to the Maui community, gives free bike repair services and distributes refurbished bikes to locals who are in need of transportation. Whether this is for recreational purposes or their main mode and sometimes the only form of transportation, our mission is to give locals the opportunity to have that freedom. This ordinance will add a financial burden to Krank Cycles, which will inhibit us from giving the Maui County community and islands this service and freedom to each person who does not have the means to either purchase a bike or to get repair services done.
The verbiage and specifics on “unguided tours” for “rental operations” affect anyone local or visitor from the freedom of experiencing biking in Maui. Hawaii Revised Statutes (HRS) S 46-16.3 (2012) states, "Bicycle Tour" includes both guided bicycle tours and unguided bicycle rental operations”. There needs to be further clarification on what is considered an “unguided bicycle rental operations”. According to this proposed ordinance, an "Unguided bicycle tour” means “a bicycle tour that is not led or accompanied by guide throughout the ride, in which transportation to or from the route is provided or arranged by the bicycle tour business”. Does this “bicycle tour business” include bike shops that rent and buy to locals and visitors? Does this include anyone such as locals that ride a bike for recreational purposes or a mode of transportation? They are “unguided”?
In Maui County Code 5.22.010, a "Tour" means “a group organized for the traveling from place to place for enjoyment, pleasure, or sightseeing”. Does this imply that there cannot be more than one person riding “enjoyment, pleasure, or sightseeing” in Maui County? If so, this would infringe on bike clubs and other “groups” and also the local who owns or rents a bike for those reasons which are legal to ride on public roadways. I understand that safety plays a big part in this proposed ordinance, however, the public roadways are not up to safety measures as many other states and counties in our country. Facilitating a way for our public roads to be safe for anyone who wants to ride a bike on our public roads, not just sole bike owners. This could easily be accomplished if there were bike lanes on Maui public roads that have heavy bicycling.
Further, the proposed ordinance in Chapter 5.22.025, “Commercial bicycle tours operating in the Makawao-Pukalani-Kula and Paia-Haiku community plan areas”, section (A) states “it is unlawful for any business to conduct unguided commercial bicycle tours in the Makawao-Pukalani-Kula and Paia-Haiku community plan areas”. Does “unguided commercial bicycle tours” include “unguided” bikers whether local or visitors renting a bike are prohibited from entering those community plan areas? Since HRS 46-16.3 (2012),"Bicycle tour" includes both “guided bicycle tours and unguided bicycle rental operations”. If the Makawao-Pukalani-Kula and Paia-Haiku community plan areas are prohibited, then eventually will other community plans start to be prohibited as well? These are just some of my concerns regarding this proposed ordinance. However, if this moves forward, especially without further clarification on these terms and what the repercussions of this proposed ordinance are, I know there will be a deep impact on the biking community in Maui County. I am pleading with the committee today to reconsider this proposed ordinance and how it will affect our small local bike shops.
Mahalo for your time and consideration.
AAron “Moose” Reichert
Bicycle-Tour Public Safety & Related Litigation Concerns (Great-44)
Aloha Chair Molina & Members of GREAT Committee:
My name is Mavis Oliveira-Medeiros testifying on BTPSRLC (Great-44). I work for Councilmember Sinenci, testifying on my own behalf.
We have only been to Haleakala crater three times in the past 20 plus years to take family from away. We also go to Makawao for several different occasions, especially since our Dad rests at the Veteran’s Park. Nearly every time, we’ve had a near miss accident with a biking company. It’s not from speed, it’s because you can’t see them when coming around a turn or the one lane bridges.
There are places that they can pullout, but how can you expect new riders daily, to know where these are? Maybe if they taught their riders to look for those mile markers so they can slow down before it, otherwise, being a Hana road driver, you know that by the time a Tourist realizes that there’s a pullout, they’ve already passed it.
Now picture this on the road to Hana. Yes, there’s less people who want to risk their lives on this ride, but we see bikers and we see the “Maui Bike Tour” vans. Whether they’re one in the same is not known, but this is a serious problem. Trying to get around them on an already narrow road, where there’s another turn up ahead and you don’t know if there’s a car coming, is just not safe, no matter how you look at it.
If you have any questions, please don’t hesitate to call me or drop an email.
Mahalo,
Mavis Oliveira-Medeiros
Hana Resident
Date: November 16, 2021
To: Ethics and Transparency Committee
From: Saman Dias – Chair Maui Bicycling League
Reg. Proposed Legislation to Limit Maui Bicycle Tours
Aloha Ethics and Transparency Committee,
I like to address following issue-
“An alternate option has been suggested: Because Maui’s roads lack the ability
to allow safe commercial bike operations, totally ban commercial Bicycle Tour
and Rental businesses, at least on the slopes of Haleakala.”
This is confusing this need to be clear all bike operations or slopes of Haleakala. I agree that there should be safety measure for Haleakala downhill.
i.e.
1. higher liability Insurance, 2. safety requirements
Recommendation - Have a guide with all Haleakala downhill tours. I have learned most self-guided tours are very destructive because visitors have no idea what they are doing. Having a guide to each group may help with some of the safety issues. and limiting the group size is a good idea.
However, making all bike shops on island to requiring same rules seems unreasonable. It seems like we are punishing business because of lack of infrastructure. Bike shops have very thin margins. There is very good chance some of them will go out of business enduring this type of burden.
Some of these businesses have been in existence over 23 years. I do not think that it is reasonable to categorize them into the same category. As a community we need to be more business friendly. I believe Maui County needs to take responsibility for lack of infrastructure.
Here are some challenges we have faced on implementation of bike infrastructure on Maui County. In 2015 budget was approved for Northshore greenway took 4years complete.
West Maui Greenway – Budget of 350,000 was approved for p design and plan, DPW spend 400,000 for land that county did not own and went against MBL recommendations today no deliverables and no accountability.
Why are we not making these organizations like DPW accountable? If budget passed and money was spent, then Maui County Council need to make sure that each department is accountable. These funds come from our hard-working community taxpayers. If we do not have accountability measures in place, please implement accountability measures to ensure projects are implemented properly.
Biking have become one of the most popular activities on Maui during COVID pandemic. We need to look at the bigger picture and be more bike friendly and business friendly community and not anti-business community. When developing legislation to “limit Maui Bicycle Tours” please consider these points.
We should be proactive and take advantage of opportunities like bipartisan infrastructure bill-https://bikeleague.org/content/bipartisan-infrastructure-bill-passes-major-funding-better-biking
We have billionaires buying properties on Maui, many are more than happy to invest on Maui and have already funded nonprofits. Anyone thought of reaching out and asking to partner on projects that will help Maui community?
Let’s think outside the box, let’s get business and community involved to create better bike infrastructure on Maui and not punish small business.
Mahalo!
Your sincerely
Saman Dias
Chair Maui Bicycling League
I am writing in support of Mike Molina’s bill to regulate bike tours here on Maui.
As an upcountry resident, I seen countless bikers in the middle of the road (Baldwin, Olinda Road, to name a few) that look like they’ve never biked before. There is very little room for them. This has caused backups, frustration over work commutes and accidents waiting to happen.
Our county roads were not meant for bike tours during high traffic times. We must regulate these tours for their safety and the commute for our residents. If they’d like to continue at the rate that they are, let’s have them fundraise to expand our roads. Our roads are at full capacity especially when work commute times are in place.
I am writing this email to voice my complete support of “GREAT-44” in its effort to regulate biking companies/tours in the upcountry area. I felt as though these regulation should have always been in place, so it was amazing to hear that Council member Mike Molina decided to spearhead this movement.
I am a police officer stationed upcountry, so it probably comes as no surprise that I value safety and well-being of the community. I have seen and experienced far too many accidents, close calls, traffic infractions, safety hazards, etc that involved biking companies. I have never felt that the entire industry needed to be shutdown, however, regulation on how they conduct their business is paramount. There should be no “tours” during rush hour traffic both in the morning and night. By operating during rush hours, bikers put themselves at severe high risk. The sheer volume of cars on a road the wasn’t necessarily paved to support both cars and bikes, is already concerning. But, when you add cars trying to get to work and school while trying to avoid bikers all over the road, it creates animosity, road rage, and unsafe maneuvers by our local driving community to circumvent it. Let’s not even get started on companies that provide unguided tours to people who appear to have never been on a bike, or to the United States, let alone Hawaii for their matter, and allowing them to ride whenever or whatever they want. It goes without saying the problems that occur. Please, pass this bill. I believe it protects the bike companies, their riders, and all of Maui’s residents.
Re: BICYCLE-TOUR PUBLIC SAFETY AND RELATED LITIGATION CONCERNS (GREAT-44) 11/16/21
Aloha Council Chair Mike Molina, Vice-Chair Keani Rawlins-Fernandez & our Maui County Council Committee Members
Background Info
My name is Troy Tanga. I live on East Kuiha Street in Haiku, with my wife Kelley and our children Ashley and Tyler. It has been my families blessing to be included as a part of the Maui community for the last 31 years and to still call it home today.
I came to Maui in 1991 with a dream of starting a small local business called Mountain Riders. I got married, attended Kings Cathedral, our kids born at Maui Memorial.
Mahalo for the opportunity to testify today in support of Maui County working together with the licensed bike companies to enhance safety and help alleviate any litigation concerns.
Downhill bike tours have been a part of the Maui visitor scene for the last 40 years. The Haleakala tour is known worldwide and attracts visitors from all over.
Our company Mountain Riders has been operating as a licensed bike tour operator on Maui since 1992. We have our county license, a P.U.C number, $3,000,000 in insurance and operate out of a commercial location 886 Hailiimaile Ave.
We are the longest serving bike company on Maui and a current stakeholder in the bike tour process. I am hoping to be a part of the Maui bike community until the good lord calls me home.
The fact is GREAT-44 threatens our co and the life of the bike companies as written.
If this new proposal goes through, we would then be shut down out of work, forced to lay off 8 people and in serious financial trouble. We signed a 3-year lease with Maui Land and Pine, have equipment liabilities etc. and have committed to many other long-term obligations associated with the business.
We believe there's a way to work with the community to make some changes as well as continue with the viability of our businesses.
Financial Contributions/Consequences
Hawaii residents own 98% of Maui in-destination experiences; the profits stay within the county in which they reside. Unlike some of the other visitor related businesses, which are national chains or global travel agencies.
The visitor industry brought in over $4.6 Billion for the state of Hawai'i and employed more than 50,000 workers in 2019.
Maui Bike Tours employ over 200 people directly with another 300-500 people associated with other businesses. 100% of our employees are local with a large percentage being of Hawaiian heritage. The bike tour companies are responsible for a significant amount of local taxes.
Some Facts
Our Tours Mountain Riders bike tours decided years ago along with the Makawao community association to load up our bikes before the town. We work with Polli’s Restaurant to park our vans and trailers and let our guests shop etc and get back on bikes later. Our tours go down to Paia or Hailiimaile.
Our company has been mostly guided bike tours for the last 31 years. We only have sunrise tours on Sunday and Monday.
All Tours Ave Daily biker
Bike Maui 80-120
Mountain Riders 24-48
Maui Sunriders 28-42
Easy Riders 8
Maui Bombers 12
60% of the downhill traffic goes down to haiku, 40% to Paia
Daily Traffic down
2002-2007 riders per day 400, 2019 riders per day 220-240, 2021 riders per day 160-180. Accidents and rider traffic are down significantly from prior years
Proposed Changes and possible Solutions
Prohibiting Unguided
We agree the self-guided tours have gotten a little busier. Although the numbers are still at their lowest. However, banning them seems way too strict or archaic with far reaching implication (someone wanting to rent a bike in Lahaina for example etc).
We believe there can be more improvements on all the bike companies’ behalf (spacing, timing of departures, better instructions. We also believe this a great time for the county to be working with the state and fed governments on roadway pullouts and passing zones
Issue Bike Tour Congestion
2. Six Tours Each Day – Eight Customers and two guides, between 9 am and 1 pm (4 hours), each company is allowed only one tour per two hours. These capacity settings equate to an individual Company conducting two times per day (provided their competitors have not booked the available open slots).
Possible solutions
Times could be moved back to 8-8:30,
Groups could travel 5 min apart or approx. 2 miles between each.
60 people is too small, 400 too large,
160 people per day from 8-4p is only 20 riders per hour
Fees to assist with roadway improvements
“The fact is GREAT-44 threatens the life of these companies as written”.
The costs of running a legal business have skyrocketed. We do not believe this to be a viable model! The expenses a lease, insurance, vehicle insurance, gas, employee payroll, medical etc. exceed the available revenue for each company at those numbers.
If it is your desire to put us out of business, please say so. Also,If that is going to be the case please give us enough time to make a change like 12 months. Some of us are financially committed or older and need time
We also believe the proposed "ordinance changes" will have an opposite effect on safety. People will be unsupervised and begin to seek out "on their own" unsupervised alternatives not affiliated with a legally permitted bike tour company.
We believe we can accommodate the local population first and partner with them instead of opposing them We would like to see Maui facilitate uniting all bike enthusiast businesses to adhere to best practices. Build turnouts along the most popular routes etc.
The county and bike companies can work with the DOT's Bicycle and Pedestrian Planning Program https://highways.hidot.hawaii.gov/stories/s/h4ss-c6xy).and accommodate this demand. Their plan includes building separate bike paths away from the roads. Study and visit places like Amsterdam or Portland, Oregon, where bicycle riding has infrastructure support.
Aloha, I am submitting this testimony on behalf of Rep. Linda Clark. We often receive calls from the community reporting dangerous road conditions as a result of bike tours.
We would like to see more regulations for bike tours to ensure safety of all those who use these roads.
I am writing this email to voice my complete support of “GREAT-44” in its effort to regulate biking companies/tours in the upcountry area. I felt as though these regulation should have always been in place, so it was amazing to hear that Council member Mike Molina decided to spearhead this movement.
I am a police officer stationed upcountry, so it probably comes as no surprise that I value safety and well-being of the community. I have seen and experienced far too many accidents, close calls, traffic infractions, safety hazards, etc that involved biking companies. I have never felt that the entire industry needed to be shutdown, however, regulation on how they conduct their business is paramount. There should be no “tours” during rush hour traffic both in the morning and night. By operating during rush hours, bikers put themselves at severe high risk. The sheer volume of cars on a road the wasn’t necessarily paved to support both cars and bikes, is already concerning. But, when you add cars trying to get to work and school while trying to avoid bikers all over the road, it creates animosity, road rage, and unsafe maneuvers by our local driving community to circumvent it. Let’s not even get started on companies that provide unguided tours to people who appear to have never been on a bike, or to the United States, let alone Hawaii for their matter, and allowing them to ride whenever or whatever they want. It goes without saying the problems that occur. Please, pass this bill. I believe it protects the bike companies, their riders, and all of Maui’s residents.
Before anything happens, proper bike lanes should be established on ALL Maui County roads before any talk of continuing to let bike companies operate goes any further. It's great to let these companies do their thing but having bikers on the road, in the car lanes before there are no bike lanes, poses a serious threat to both bikers and drivers. It also poses significant delays to motorists to get stuck behind these hike tours. I know the drivers pull over when they can, but it is still infuriating to get stuck behind a bike tour. If the bikers had proper bike lanes to ride in, many issues would be alleviated.
When I was a teenager I remember the start of these bike tours, and since the beginning it has been riddled with problems and incidences that prove unsafe to motorists, pedestrians and the bikers themselves. These unguided bike tours or those with absent guides who are so far ahead or behind has got to stop. I along with many upcountry residents have surely had many encounters with these groups. While supporting Maui's small businesses is great, this unsafe practice needs to be stopped. I had a terrifying experience recently with a group coming down Baldwin Avenue... It was just at the curve before you get to Rainbow park. The road was a bit wet and the group came flying around the curve as I was going up towards Makawao. Something told me to slow down to a crawl. So glad I did because I started noticing riders loosing their control and just as I was coming to the turn a lady came flying across the road and slid up under my front bumper. Thankfully, I had stopped as I saw her falling so my car stopped her slide. We were both shaken, but she refused help and got up and went back on her way...but I could see she was injured as she limped and struggled to get back on her bike. I didn't even notice a leader or anyone who came to check on her, she just struggled to get back with her group. I'm sure the police can attest to how many of these incidents did not end so well. Our roads are not equipped for these sorts of activities, and the bike companies and rental shops are not being held responsible for the safety of all involved.
My name is Remy Chvatal, I have been a driver and tour guide for Maui Sunriders since 2008. I also drove and guided for Haleakala Bike Company in 2007. I am writing this letter in response to a proposal for regulating and limiting downhill bike tours, which could severely affect me and my children's livelihoods. A proposal that would also amount to revenue loss for a dozen businesses on the bike route.
I am a single working father, I do not get child support and my income from Maui Sunriders has allowed me to keep a roof on my daughter Estelle and my son Vincent’s heads since they were born. My daughter even told me she’d like to work for the company when she grows up. I often tell her I am one of the few lucky grownups who actually loves his job. If the changes made by this proposal goes through, I doubt I’d be able to keep this job.
On the drive up the mountain, I recommend several businesses to my clients. In Makawao, the Cookie Lady, Rodeo General Store and Komoda just to name a few. In Kula, the Lodge, the Marketplace and Sandalwood Cafe also get recommended. Over the years these businesses were visited by thousands of my clients generating revenue for all their employees.
I’ve heard the changes would eliminate unguided bike rides in favor of guided tours. Bike tours have been operating for almost 40 years. Millions of riders made it down the mountain safely except for four who had fatal accidents. Looking at these numbers, biking down the mountain is safer than helicopter tours or diving excursions. Out of four people who died, three of them were in guided bike tours, only one had a fatal accident unguided. Being guided down the mountain does not make the ride safer, especially if riding close to other inexperienced riders at uncomfortable speed. The safest way to bike down the mountain is at a speed the rider is comfortable with and staying far away from other riders. Also guided tours cannot follow the law. If riders are kept in the middle of the road with a motor vehicle blocking traffic behind them, it is a violation of law 291c-145. Bicycle riders have to stay on the right side of the road near the curb or on the shoulder.
In the 21st century, biking is increasing in popularity. Cities around the world are promoting biking as a cleaner and less destructive mode of personal transportation. Limiting bike tours will bring more motorized traffic on the local roadways and would send a clear message to the world: Bicyclists are not welcome on Maui and should look for Aloha elsewhere.
Working in upcountry schools, the morning traffic is already backed up and people are in a rush to drop students off or get to work. On top of that, the bicyclists are zipping down the hills, not staying on the side of the roads. There are many times I have been driving around a bend and have had to swerve off the road to avoid hitting someone who spent money on their vacation to arbitrarily feel entitled to large portions of local and residential access. If the participants cannot follow the safety instructions provided by the tour company, the responsibility for the safety of residents and tour customers falls on the businesses who are not willing to prioritize our community's safety. This legislation would finally lay the ground work to improve road and safety conditions Upcountry.
I hope these thoughts may help with the better purpose of not over regulating “non- Downhill Bicycle businesses” and may further encourage implementation of Bike/Pedestrian facilities.
I endorse the Bicycle Tour Bill, my job requires me to drive up and down Haleakala at least 4 times a week and I have experienced these bike tours first hand on many occasions. Currently the tours operate as the sunrise spectators and overnight employees are coming down Haleakala. The bike tours even go into the residential areas below Haleakala as parents are trying to take their children to school. I’ve witnessed a lot of near misses as the bikers don’t always pull all the way over or impatient drivers pass in a no passing zones into oncoming traffic. I believe limiting their operational hours to be between 0900 and 1300 is necessary for everyone’s safety.
Mahalo,
LOGAN, D'ANDREE L DU-02 USAF AFMC AFRL/RDSMS <dandree.logan@us.af.mil>
To whom it concerns; We would like to support the small business companies here on the island. I myself, Nancy Dobrowolski and also my friend Karen Nicholas are in favor that the Haleakala Bike Co. get the green light to continue their business. We both are long time residents here on the island and have no problem with sharing the road with the downhill bikers. We all can enjoy the beautiful scenery of Maui together! We both live upcountry and would like to put our opinion in that this company may continue to be run and enjoyed by tourists. Thank you 🌺
I am writing in regards to the Great-44 Bill proposed by Councilmember Mike Molina. I would like to express my overwhelming support for this Bill. As a law enforcement officer who works up at the summit of Haleakala multiple days a week, I am very aware of the problems caused by these unregulated tours. The bike tours have been an issue with my unit for as long as I have worked here. It is a safety hazard for the riders and a liability issue for my officers. On numerous occasions I have had officers complain about traffic delays and safety concerns related to almost getting into an accident due to these tours. Due to the windy nature of the road, and the hours these tour companies choose to operate, I think it is super important that this Bill is passed. The tours seem to be getting bigger and bigger and need to be regulated.
As an Law Enforcement Officer for the USAF, I have seen many unsafe practices from both customers and business owners. Driving up and down Haleakala for the past 6 years, i have petitioned for more restrictions on this matter. I do believe this bill is on the right track to a safer commute.
I was told to email my concerns regarding the bicycle tours here on Hale’akala. My name is OFC Shane Hoyt who is currently a Civilian police officer with the United States Air Force. We encounter these tours every morning when we finish our nightshift at the top of the summit. I never understood how these companies were able to operate on such a small and dangerous public road. Over and over again we are inconvenienced by the operation of these companies. We are forced to wait behind them for over an hour while they conduct their tour which slows our operation and a makes us much less capable of doing our job at the highest level. Safety and liability is a huge concern as well. If there was an emergency that we needed to respond to quickly these bikers become a very dangerous liability on a small road. Their clients at times seem to be very inexperienced on a bicycle either visibly having trouble steering or being way out in the middle of the road which is a huge safety concern for anyone descending the mountain. They also seem to only have one guide with them at any given time or no guides at all. These roads barely have a shoulder let alone a bike lane for these groups to operate in. I don’t believe that private businesses should be allowed to utilize these public resources for their profit even if there are only six companies allowed. If only six are allowed that clearly means that these areas are not capable of handling this type of business and should be done away with completely. Very similar to other companies like “Hike Maui” bogarting public trails as if the own them which is very similar to how these bike tours are operating. After voicing my concerns I hope they are taken into consideration when addressing this bill and in regards to the operations of these tour businesses.
Mahalo,
V/r
Hoyt, Shane D.
DAF CP DU-II Police Officer
AFMC/AFRL Det 15/RDSMSC/Maui Hawaii
Office: 808.874.1601 (HST)
Cell: 808.268.1510 (HST)
My name is Kihei Kim I'm 57 years old I was born on the big island and raised on maui graduating from Saint Anthony's high school. After moving away in 1982, I have frequently visited maui at least once a year. Being a former resident of up country and attending Makawao middle school, I have witnessed over the years during my frequent returns over the past 39 years while visiting family and friends many changes. I have witnessed 1st hand the impact that Haleakala Eco Tours tours have on the community and our environment being a past patron. All participants are well briefed and are fortunate enough to experience a wonderful presentation of the Hawaiian Heritage background During our journey as we crest the summit to Haleakala in preparation for our Downhill ride experience. It appears their business platform has done the research to help the Preservation of Hawaii while providing A wonderful and memorable experience. The many times I frequent Maui over the course of the past 39 years I would have to say there has been a lot of changes that I don't really appreciate in regards to growth that has occurred to my home, this is definitely Not one of them. I come from a large lineage of Asian and Hawaiian background on both sides of my family. 90 to 95% of my family reside within the islands. What little voice I may have to support this industry to continue, I hope all of you can look deep within yourselves and ask the question, What types of industry that can create sustainability and preservation of our land with the least amount of impact do we truly want our visitors to experience. Please let Hawaii be Hawaii and allow it to grow in the most positive of direction Within its tourism industry. Please allow their business to continue without restrictive impact. Thank you for your time.
Aloha Council members,
Appreciate your time in reviewing my email. I provided written testimony and listen to all testifiers today. There were very good points made today by testifiers.
From looking at this as a observer as well as a advocate for bicycling on Maui we need to take a step back and review this more carefully. Here are few pointers I like to make in addition my testimony
Important to review Bicycle-Tour-Study report created 2010
http://mauicounty.us/wp-content/uploads/2014/09/Bicycle-Tour-Study.pdf
Some good points addressed in the report I have copy pasted for your convenience:
5.8 Small Business Regulatory Review
The Small Business Regulatory Review Board was established in 1998 by the Small Business Regulatory Flexibility Act, codified in Chapter 201M, Hawaii Revised Statutes. The Board is attached to the State Department of Business, Economic Development and Tourism for administrative purposes. One of the main functions of the Board is to review proposed agency regulations that may affect small businesses. The Board’s purview extends to “agencies” which are defined as any State or County board, commission, department or officer authorized by law to make rules, except those in the legislative or judicial branches. However, for requests regarding County ordinances, the Board may make recommendations to the County Council or the Mayor for appropriate action. The regulatory review process focuses on a determination of small business impacts. Prior to submitting proposed rules for adoption, amendment, or repeal, the agency must prepare a small business economic impact analysis to educate the public about benefits and consequences of proposed rules. While regulations are needed to achieve important Maui Downhill Bicycle Tour Study Chapter 5 Regulatory Environment 5-15 public policy goals, sometimes they may be unduly burdensome to small employers. Regulatory flexibility ensures that small business regulatory impacts are measured and analyzed, and that less burdensome alternatives are considered.
5.6 Complete Streets The 2009 State Legislature passed, and the governor signed, what is referred to as the Complete Streets Act (Act 54). This law amended Chapter 286, Hawaii Revised Statutes, and directs the State Department of Transportation and County transportation departments to adopt a complete streets policy “to reasonably accommodate convenient access and mobility for all users of the public highways within their respective jurisdictions…including pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities.” “Complete streets” is a nationwide initiative to promote safer, more livable, and welcoming road networks for everyone.
This new law establishes a policy framework requiring State and County governments to take a broader look at how the transportation network serves all users through flexible design and sensitivity to the community context. As a policy statement, it is an important signal that the need to consistently accommodate different types of road users is a new priority in highway design.
Comparison of CORA and Commercial Bicycle Tours The CORA rules emerged after longstanding concerns by local citizens about the use and availability of public park resources. The primary objective of the CORA rules was to balance competing interests in an equitable manner. Public roads, like public parks, are subject to space constraints and congestion. However, there are significant differences between the commercial ocean recreation activities and commercial bicycle tours, and the environments in which they occur. Regulating uses on the affected roadways would involve both State and County agencies. The State Department of Transportation and County Department of Public Works have jurisdiction over State and County roadways, respectively, but traditionally have not been charged with extensive regulatory functions.
Ref bike tour study Page 209 – 2015 recommended with maps to improve infrastructure. Something to look in to did county implement any of these?
In 2015 Baldwin Avenue Bikeway – planning, $500,000 was approved by county council. What happened to that budget?
To my knowledge it was not implemented. I have emails to DPW and followed up may times on tis matter in 2015- 2016 time frame no action was taken.
Also HDOT is conducting a survey on bike and rd. improvement projects.
It is important to work with HDOT and have community organizations get this to community members for their feedback, more survey will have higher chance of getting them implemented. https://hidot.hawaii.gov/highways/online-survey-to-gather-comments-on-state-bikeway-needs/
https://www.arcgis.com/home/webmap/viewer.html?webmap=a5dc3988307c473dae8df6ffd89ab32d&extent=-162.8449,18.0186,-152.0783,22.906
We should work with MPO and tap in to funding that will come available to make Maui more bike friendly
We should be proactive and take advantage of opportunities like bipartisan infrastructure bill-https://bikeleague.org/content/bipartisan-infrastructure-bill-passes-major-funding-better-biking
My thought is this not something we can decide in few meetings. Need to take a step back review the study done in 2010 see if what was followed through and then have a discussion with bike related business and community and find a solution without killing small businesses. It is important for us as a community to be business friendly while keeping safety in mind and bike friendly. Also not to punish the small business, make our county departments to follow throw on their commitments. There also need to be enforcement. For the longest time on Maui people ride on the wrong side of the road and against traffic. No enforcement at all. If we can’t enforce something so simple and so dangerous are we going to create more rules that we may never enforce. Allocate funding for enforcement if we are going to make new rules. Something to think about. Please do not make new rules without a plan for implementation.
I appreciate all your hard work.
Mahalo for your efforts in helping to create a Bicycle-Friendly community on Maui.
Mahalo!
Saman Dias
Chair Maui Bicycling League
808-633-8553 ext 100
maui@hbl.org
www.mauibike.org
Aloha Government Relations, Ethics, and Transparency (GREAT) Committee. My name is Aaron “Moose” Reichert. I am writing in my testimony on the proposed ordinance amendment to Maui County Code Chapter 5.22 - Bicycle Tour Business. After reading the draft proposal, I am deeply concerned with the repercussions of how it will impact my small business in Makawao, Krank Cycles. The bike shop centers around the bike community of Maui County and also to anyone who wants to rent or buy a bike to enjoy our beautiful islands.
This proposed ordinance will financially impact my small business which will have negative repercussions to our local community. The volunteer-based “Maui Bike Mission” program which Krank Cycles offers to the Maui community, gives free bike repair services and distributes refurbished bikes to locals who are in need of transportation. Whether this is for recreational purposes or their main mode and sometimes the only form of transportation, our mission is to give locals the opportunity to have that freedom. This ordinance will add a financial burden to Krank Cycles, which will inhibit us from giving the Maui County community and islands this service and freedom to each person who does not have the means to either purchase a bike or to get repair services done.
The verbiage and specifics on “unguided tours” for “rental operations” affect anyone local or visitor from the freedom of experiencing biking in Maui. Hawaii Revised Statutes (HRS) S 46-16.3 (2012) states, "Bicycle Tour" includes both guided bicycle tours and unguided bicycle rental operations”. There needs to be further clarification on what is considered an “unguided bicycle rental operations”. According to this proposed ordinance, an "Unguided bicycle tour” means “a bicycle tour that is not led or accompanied by guide throughout the ride, in which transportation to or from the route is provided or arranged by the bicycle tour business”. Does this “bicycle tour business” include bike shops that rent and buy to locals and visitors? Does this include anyone such as locals that ride a bike for recreational purposes or a mode of transportation? They are “unguided”?
In Maui County Code 5.22.010, a "Tour" means “a group organized for the traveling from place to place for enjoyment, pleasure, or sightseeing”. Does this imply that there cannot be more than one person riding “enjoyment, pleasure, or sightseeing” in Maui County? If so, this would infringe on bike clubs and other “groups” and also the local who owns or rents a bike for those reasons which are legal to ride on public roadways. I understand that safety plays a big part in this proposed ordinance, however, the public roadways are not up to safety measures as many other states and counties in our country. Facilitating a way for our public roads to be safe for anyone who wants to ride a bike on our public roads, not just sole bike owners. This could easily be accomplished if there were bike lanes on Maui public roads that have heavy bicycling.
Further, the proposed ordinance in Chapter 5.22.025, “Commercial bicycle tours operating in the Makawao-Pukalani-Kula and Paia-Haiku community plan areas”, section (A) states “it is unlawful for any business to conduct unguided commercial bicycle tours in the Makawao-Pukalani-Kula and Paia-Haiku community plan areas”. Does “unguided commercial bicycle tours” include “unguided” bikers whether local or visitors renting a bike are prohibited from entering those community plan areas? Since HRS 46-16.3 (2012),"Bicycle tour" includes both “guided bicycle tours and unguided bicycle rental operations”. If the Makawao-Pukalani-Kula and Paia-Haiku community plan areas are prohibited, then eventually will other community plans start to be prohibited as well? These are just some of my concerns regarding this proposed ordinance. However, if this moves forward, especially without further clarification on these terms and what the repercussions of this proposed ordinance are, I know there will be a deep impact on the biking community in Maui County. I am pleading with the committee today to reconsider this proposed ordinance and how it will affect our small local bike shops.
Mahalo for your time and consideration.
AAron “Moose” Reichert
Bicycle-Tour Public Safety & Related Litigation Concerns (Great-44)
Aloha Chair Molina & Members of GREAT Committee:
My name is Mavis Oliveira-Medeiros testifying on BTPSRLC (Great-44). I work for Councilmember Sinenci, testifying on my own behalf.
We have only been to Haleakala crater three times in the past 20 plus years to take family from away. We also go to Makawao for several different occasions, especially since our Dad rests at the Veteran’s Park. Nearly every time, we’ve had a near miss accident with a biking company. It’s not from speed, it’s because you can’t see them when coming around a turn or the one lane bridges.
There are places that they can pullout, but how can you expect new riders daily, to know where these are? Maybe if they taught their riders to look for those mile markers so they can slow down before it, otherwise, being a Hana road driver, you know that by the time a Tourist realizes that there’s a pullout, they’ve already passed it.
Now picture this on the road to Hana. Yes, there’s less people who want to risk their lives on this ride, but we see bikers and we see the “Maui Bike Tour” vans. Whether they’re one in the same is not known, but this is a serious problem. Trying to get around them on an already narrow road, where there’s another turn up ahead and you don’t know if there’s a car coming, is just not safe, no matter how you look at it.
If you have any questions, please don’t hesitate to call me or drop an email.
Mahalo,
Mavis Oliveira-Medeiros
Hana Resident
Date: November 16, 2021
To: Ethics and Transparency Committee
From: Saman Dias – Chair Maui Bicycling League
Reg. Proposed Legislation to Limit Maui Bicycle Tours
Aloha Ethics and Transparency Committee,
I like to address following issue-
“An alternate option has been suggested: Because Maui’s roads lack the ability
to allow safe commercial bike operations, totally ban commercial Bicycle Tour
and Rental businesses, at least on the slopes of Haleakala.”
This is confusing this need to be clear all bike operations or slopes of Haleakala. I agree that there should be safety measure for Haleakala downhill.
i.e.
1. higher liability Insurance, 2. safety requirements
Recommendation - Have a guide with all Haleakala downhill tours. I have learned most self-guided tours are very destructive because visitors have no idea what they are doing. Having a guide to each group may help with some of the safety issues. and limiting the group size is a good idea.
However, making all bike shops on island to requiring same rules seems unreasonable. It seems like we are punishing business because of lack of infrastructure. Bike shops have very thin margins. There is very good chance some of them will go out of business enduring this type of burden.
Some of these businesses have been in existence over 23 years. I do not think that it is reasonable to categorize them into the same category. As a community we need to be more business friendly. I believe Maui County needs to take responsibility for lack of infrastructure.
Here are some challenges we have faced on implementation of bike infrastructure on Maui County. In 2015 budget was approved for Northshore greenway took 4years complete.
West Maui Greenway – Budget of 350,000 was approved for p design and plan, DPW spend 400,000 for land that county did not own and went against MBL recommendations today no deliverables and no accountability.
Why are we not making these organizations like DPW accountable? If budget passed and money was spent, then Maui County Council need to make sure that each department is accountable. These funds come from our hard-working community taxpayers. If we do not have accountability measures in place, please implement accountability measures to ensure projects are implemented properly.
Biking have become one of the most popular activities on Maui during COVID pandemic. We need to look at the bigger picture and be more bike friendly and business friendly community and not anti-business community. When developing legislation to “limit Maui Bicycle Tours” please consider these points.
We should be proactive and take advantage of opportunities like bipartisan infrastructure bill-https://bikeleague.org/content/bipartisan-infrastructure-bill-passes-major-funding-better-biking
We have billionaires buying properties on Maui, many are more than happy to invest on Maui and have already funded nonprofits. Anyone thought of reaching out and asking to partner on projects that will help Maui community?
Let’s think outside the box, let’s get business and community involved to create better bike infrastructure on Maui and not punish small business.
Mahalo!
Your sincerely
Saman Dias
Chair Maui Bicycling League
Aloha,
I am writing in support of Mike Molina’s bill to regulate bike tours here on Maui.
As an upcountry resident, I seen countless bikers in the middle of the road (Baldwin, Olinda Road, to name a few) that look like they’ve never biked before. There is very little room for them. This has caused backups, frustration over work commutes and accidents waiting to happen.
Our county roads were not meant for bike tours during high traffic times. We must regulate these tours for their safety and the commute for our residents. If they’d like to continue at the rate that they are, let’s have them fundraise to expand our roads. Our roads are at full capacity especially when work commute times are in place.
Mahalo,
Upcountry Resident
Aloha,
I am writing this email to voice my complete support of “GREAT-44” in its effort to regulate biking companies/tours in the upcountry area. I felt as though these regulation should have always been in place, so it was amazing to hear that Council member Mike Molina decided to spearhead this movement.
I am a police officer stationed upcountry, so it probably comes as no surprise that I value safety and well-being of the community. I have seen and experienced far too many accidents, close calls, traffic infractions, safety hazards, etc that involved biking companies. I have never felt that the entire industry needed to be shutdown, however, regulation on how they conduct their business is paramount. There should be no “tours” during rush hour traffic both in the morning and night. By operating during rush hours, bikers put themselves at severe high risk. The sheer volume of cars on a road the wasn’t necessarily paved to support both cars and bikes, is already concerning. But, when you add cars trying to get to work and school while trying to avoid bikers all over the road, it creates animosity, road rage, and unsafe maneuvers by our local driving community to circumvent it. Let’s not even get started on companies that provide unguided tours to people who appear to have never been on a bike, or to the United States, let alone Hawaii for their matter, and allowing them to ride whenever or whatever they want. It goes without saying the problems that occur. Please, pass this bill. I believe it protects the bike companies, their riders, and all of Maui’s residents.
Mahalo,
Kainoa Govan
Re: BICYCLE-TOUR PUBLIC SAFETY AND RELATED LITIGATION CONCERNS (GREAT-44) 11/16/21
Aloha Council Chair Mike Molina, Vice-Chair Keani Rawlins-Fernandez & our Maui County Council Committee Members
Background Info
My name is Troy Tanga. I live on East Kuiha Street in Haiku, with my wife Kelley and our children Ashley and Tyler. It has been my families blessing to be included as a part of the Maui community for the last 31 years and to still call it home today.
I came to Maui in 1991 with a dream of starting a small local business called Mountain Riders. I got married, attended Kings Cathedral, our kids born at Maui Memorial.
Mahalo for the opportunity to testify today in support of Maui County working together with the licensed bike companies to enhance safety and help alleviate any litigation concerns.
Downhill bike tours have been a part of the Maui visitor scene for the last 40 years. The Haleakala tour is known worldwide and attracts visitors from all over.
Our company Mountain Riders has been operating as a licensed bike tour operator on Maui since 1992. We have our county license, a P.U.C number, $3,000,000 in insurance and operate out of a commercial location 886 Hailiimaile Ave.
We are the longest serving bike company on Maui and a current stakeholder in the bike tour process. I am hoping to be a part of the Maui bike community until the good lord calls me home.
The fact is GREAT-44 threatens our co and the life of the bike companies as written.
If this new proposal goes through, we would then be shut down out of work, forced to lay off 8 people and in serious financial trouble. We signed a 3-year lease with Maui Land and Pine, have equipment liabilities etc. and have committed to many other long-term obligations associated with the business.
We believe there's a way to work with the community to make some changes as well as continue with the viability of our businesses.
Financial Contributions/Consequences
Hawaii residents own 98% of Maui in-destination experiences; the profits stay within the county in which they reside. Unlike some of the other visitor related businesses, which are national chains or global travel agencies.
The visitor industry brought in over $4.6 Billion for the state of Hawai'i and employed more than 50,000 workers in 2019.
Maui Bike Tours employ over 200 people directly with another 300-500 people associated with other businesses. 100% of our employees are local with a large percentage being of Hawaiian heritage. The bike tour companies are responsible for a significant amount of local taxes.
Some Facts
Our Tours Mountain Riders bike tours decided years ago along with the Makawao community association to load up our bikes before the town. We work with Polli’s Restaurant to park our vans and trailers and let our guests shop etc and get back on bikes later. Our tours go down to Paia or Hailiimaile.
Our company has been mostly guided bike tours for the last 31 years. We only have sunrise tours on Sunday and Monday.
All Tours Ave Daily biker
Bike Maui 80-120
Mountain Riders 24-48
Maui Sunriders 28-42
Easy Riders 8
Maui Bombers 12
60% of the downhill traffic goes down to haiku, 40% to Paia
Daily Traffic down
2002-2007 riders per day 400, 2019 riders per day 220-240, 2021 riders per day 160-180. Accidents and rider traffic are down significantly from prior years
Proposed Changes and possible Solutions
Prohibiting Unguided
We agree the self-guided tours have gotten a little busier. Although the numbers are still at their lowest. However, banning them seems way too strict or archaic with far reaching implication (someone wanting to rent a bike in Lahaina for example etc).
We believe there can be more improvements on all the bike companies’ behalf (spacing, timing of departures, better instructions. We also believe this a great time for the county to be working with the state and fed governments on roadway pullouts and passing zones
Issue Bike Tour Congestion
2. Six Tours Each Day – Eight Customers and two guides, between 9 am and 1 pm (4 hours), each company is allowed only one tour per two hours. These capacity settings equate to an individual Company conducting two times per day (provided their competitors have not booked the available open slots).
Possible solutions
Times could be moved back to 8-8:30,
Groups could travel 5 min apart or approx. 2 miles between each.
60 people is too small, 400 too large,
160 people per day from 8-4p is only 20 riders per hour
Fees to assist with roadway improvements
“The fact is GREAT-44 threatens the life of these companies as written”.
The costs of running a legal business have skyrocketed. We do not believe this to be a viable model! The expenses a lease, insurance, vehicle insurance, gas, employee payroll, medical etc. exceed the available revenue for each company at those numbers.
If it is your desire to put us out of business, please say so. Also,If that is going to be the case please give us enough time to make a change like 12 months. Some of us are financially committed or older and need time
We also believe the proposed "ordinance changes" will have an opposite effect on safety. People will be unsupervised and begin to seek out "on their own" unsupervised alternatives not affiliated with a legally permitted bike tour company.
We believe we can accommodate the local population first and partner with them instead of opposing them We would like to see Maui facilitate uniting all bike enthusiast businesses to adhere to best practices. Build turnouts along the most popular routes etc.
The county and bike companies can work with the DOT's Bicycle and Pedestrian Planning Program https://highways.hidot.hawaii.gov/stories/s/h4ss-c6xy).and accommodate this demand. Their plan includes building separate bike paths away from the roads. Study and visit places like Amsterdam or Portland, Oregon, where bicycle riding has infrastructure support.
Aloha, I am submitting this testimony on behalf of Rep. Linda Clark. We often receive calls from the community reporting dangerous road conditions as a result of bike tours.
We would like to see more regulations for bike tours to ensure safety of all those who use these roads.
Thank you.
Aloha,
I am writing this email to voice my complete support of “GREAT-44” in its effort to regulate biking companies/tours in the upcountry area. I felt as though these regulation should have always been in place, so it was amazing to hear that Council member Mike Molina decided to spearhead this movement.
I am a police officer stationed upcountry, so it probably comes as no surprise that I value safety and well-being of the community. I have seen and experienced far too many accidents, close calls, traffic infractions, safety hazards, etc that involved biking companies. I have never felt that the entire industry needed to be shutdown, however, regulation on how they conduct their business is paramount. There should be no “tours” during rush hour traffic both in the morning and night. By operating during rush hours, bikers put themselves at severe high risk. The sheer volume of cars on a road the wasn’t necessarily paved to support both cars and bikes, is already concerning. But, when you add cars trying to get to work and school while trying to avoid bikers all over the road, it creates animosity, road rage, and unsafe maneuvers by our local driving community to circumvent it. Let’s not even get started on companies that provide unguided tours to people who appear to have never been on a bike, or to the United States, let alone Hawaii for their matter, and allowing them to ride whenever or whatever they want. It goes without saying the problems that occur. Please, pass this bill. I believe it protects the bike companies, their riders, and all of Maui’s residents.
Mahalo,
Kainoa Govan
Before anything happens, proper bike lanes should be established on ALL Maui County roads before any talk of continuing to let bike companies operate goes any further. It's great to let these companies do their thing but having bikers on the road, in the car lanes before there are no bike lanes, poses a serious threat to both bikers and drivers. It also poses significant delays to motorists to get stuck behind these hike tours. I know the drivers pull over when they can, but it is still infuriating to get stuck behind a bike tour. If the bikers had proper bike lanes to ride in, many issues would be alleviated.
When I was a teenager I remember the start of these bike tours, and since the beginning it has been riddled with problems and incidences that prove unsafe to motorists, pedestrians and the bikers themselves. These unguided bike tours or those with absent guides who are so far ahead or behind has got to stop. I along with many upcountry residents have surely had many encounters with these groups. While supporting Maui's small businesses is great, this unsafe practice needs to be stopped. I had a terrifying experience recently with a group coming down Baldwin Avenue... It was just at the curve before you get to Rainbow park. The road was a bit wet and the group came flying around the curve as I was going up towards Makawao. Something told me to slow down to a crawl. So glad I did because I started noticing riders loosing their control and just as I was coming to the turn a lady came flying across the road and slid up under my front bumper. Thankfully, I had stopped as I saw her falling so my car stopped her slide. We were both shaken, but she refused help and got up and went back on her way...but I could see she was injured as she limped and struggled to get back on her bike. I didn't even notice a leader or anyone who came to check on her, she just struggled to get back with her group. I'm sure the police can attest to how many of these incidents did not end so well. Our roads are not equipped for these sorts of activities, and the bike companies and rental shops are not being held responsible for the safety of all involved.
To whom It May Concern,
My name is Remy Chvatal, I have been a driver and tour guide for Maui Sunriders since 2008. I also drove and guided for Haleakala Bike Company in 2007. I am writing this letter in response to a proposal for regulating and limiting downhill bike tours, which could severely affect me and my children's livelihoods. A proposal that would also amount to revenue loss for a dozen businesses on the bike route.
I am a single working father, I do not get child support and my income from Maui Sunriders has allowed me to keep a roof on my daughter Estelle and my son Vincent’s heads since they were born. My daughter even told me she’d like to work for the company when she grows up. I often tell her I am one of the few lucky grownups who actually loves his job. If the changes made by this proposal goes through, I doubt I’d be able to keep this job.
On the drive up the mountain, I recommend several businesses to my clients. In Makawao, the Cookie Lady, Rodeo General Store and Komoda just to name a few. In Kula, the Lodge, the Marketplace and Sandalwood Cafe also get recommended. Over the years these businesses were visited by thousands of my clients generating revenue for all their employees.
I’ve heard the changes would eliminate unguided bike rides in favor of guided tours. Bike tours have been operating for almost 40 years. Millions of riders made it down the mountain safely except for four who had fatal accidents. Looking at these numbers, biking down the mountain is safer than helicopter tours or diving excursions. Out of four people who died, three of them were in guided bike tours, only one had a fatal accident unguided. Being guided down the mountain does not make the ride safer, especially if riding close to other inexperienced riders at uncomfortable speed. The safest way to bike down the mountain is at a speed the rider is comfortable with and staying far away from other riders. Also guided tours cannot follow the law. If riders are kept in the middle of the road with a motor vehicle blocking traffic behind them, it is a violation of law 291c-145. Bicycle riders have to stay on the right side of the road near the curb or on the shoulder.
In the 21st century, biking is increasing in popularity. Cities around the world are promoting biking as a cleaner and less destructive mode of personal transportation. Limiting bike tours will bring more motorized traffic on the local roadways and would send a clear message to the world: Bicyclists are not welcome on Maui and should look for Aloha elsewhere.
Sincerely yours,
Remy Chvatal
November 14th 2021
Working in upcountry schools, the morning traffic is already backed up and people are in a rush to drop students off or get to work. On top of that, the bicyclists are zipping down the hills, not staying on the side of the roads. There are many times I have been driving around a bend and have had to swerve off the road to avoid hitting someone who spent money on their vacation to arbitrarily feel entitled to large portions of local and residential access. If the participants cannot follow the safety instructions provided by the tour company, the responsibility for the safety of residents and tour customers falls on the businesses who are not willing to prioritize our community's safety. This legislation would finally lay the ground work to improve road and safety conditions Upcountry.
Testimony concerning Bike Tours legislation
Ridesmart Maui
99 Kahana Nui Rd
Lahaina, Hi. 96761
Comments addressing proposed deletion of Maui County Code 5.22, and substituting a revised version 5.23.by the Kula Community Association.
I recognize that the Kula Community has had a long time complaint with the Down Hill Bicycle tour operations. It is sufficient to say that these complaints most notably is due to lack of proper infrastructure implementation as may be derived from the Hawaii Bicycle Plan, AASHTO, and NACTO guidelines. Maui as well as the State of Hawaii over time evolved into a very Car-Centric culture and dependency which has recently been recognized and described in Hawaii’s SB1402. “The legislature found that over the last century, Hawaii's ground transportation was built as a car-centric system, with little attention to alternatives, which has raised the cost of living in the islands, impacted quality of life, and resulted in some of the highest transportation-related fatality rates in the nation”. SB1402 now requires each community or communities, ensure each county plans for and establishes, A contiguous bicycle and pedestrian network connecting commercial business and shopping hubs to residential areas, and to its respective state and county transportation infrastructure, in which intersections with other modes of transportation shall be minimized, which shall be separated and protected from vehicular traffic by physical or natural barriers, or by meaningful distance or elevation;
1) My first comment concerns Maui Counties failure to implement long established plans as in the Hawaii Bike Plan and then require Bicycle rental business, Bicycle tour, and or Bicycle tour business to absolve the County of any responsibility for it’s lack of creating proper infrastructure to meet the publics needs and further support Maui’s small business’s ie bicycle businesses. People need jobs and the bicycle business provides a clean energy business which further follows Hawaii’s Clean Energy Initiative. Maui is a tourist dependent society and Maui government has a requirement to support activities that provide diversity to tourists interests and small business alike. More regulation and or the elimination of business is not the responsible overall solution. I would say implementation of proper infrastructure needs is. I would refer back to SB1402 for further guidance.
2) Although this code is structured around and for the purpose of regulating the Downhill Bicycle business it does not directly say so and with that has carry overs and detrimental consequences to bicycle business’s not engaged in the Downhill Bicycle business. I recommend that 5.23 be written specifically with clarity for regulation of the Downhill Bicycle businesses.
3) Comprehensive liability insurance; Maui County Code 5.22 specifically states dollar amount required coverages. 5.23 does not. Insurance amounts vary dependent on risk and loss statistics which ultimately cost money and make a diffence to business owners. Insurance companies are self policing and set rates accordingly. Does the Downhill Bicycle Business risk assessment equal to for example a bicycle business renting a road bike to a customer to ride the 60 mile north loop or to a customer renting an e-bike to ride down the North Shore Greenway? That should be defined.
4) An annual bicycle license fee, as set forth in the budget ordinance, shall be paid to the director for each tour and rental bicycle. The current fee for registrations for bicycles are; Permanent registration is $15 and $30 for Low speed electric bicycles. Will this annual fee be different and by how much? What happens to the registration if the rental bike is cycled out of the business due to age or damage? Does the annual fee persist?
5) Tour leaders must ensure that each rider is capable of safely operating the bicycle. What is the standard the County is requiring? Do all tour operators need to be individually certified by the county to ensure that safe practices are applied and taught to customers?
6) Waivers; Since the County requires certain elements in the waiver, does the county provide approved waivers from County Council? How do the waivers differ from Downhill Bicycle Business and perhaps a regular bike shop renting cruiser bikes?
7) Requirements to Report Accidents and Injuries. How is this done and to what agency is this report submitted? What is the degree of injury to be reported? Urgent care, ambulance or what? Is there a further requirement the treating facility file a report also?
8) Safety Inspection; Bicycles in commercial operations require daily maintance. How many bicycle maintenance training hours has the mechanic completed and does he/she have a Professional Bicycle Mechanic© Certification?
9) Inspection of permit; Requires display of business name, PUC license, permit number, permit expiration date, and telephone contact information. These are annual permits and licenses. Doe these permits and licenses differ from a Downhill Bicycle Operation to a regular bike shop and a shop maintenance van for example?
There is also another thing in the proposal I would like to address which is “ A description and map of the areas, locations, or routes to be utilized by the bicycle tour business”. Considering that Maui roads have never been designed and built for alternative transportation means and do not comply with NACTO and ASSHTO guidelines for such.
1)How does the County approve routes for bike tours that are not in compliance with National Guidelines?
2) Will the County make a priority to improve the roads to meet the guidelines if they see the submitted utilized routes to operate tours are out of compliance or just prohibit their use? What is the outcome if they prohibit the use? What is the alternative?
3) Are you aware of Hawaii’s “Three Foot Law?” See https://www.capitol.hawaii.gov/session2018/bills/HB2215_.HTM.
Many lane widths and shoulders don’t provide enough room for motorists to comply with this law.
4) Please read this article subject ‘”Three Foot Passing Law” in Maui Now. https://mauinow.com/2019/10/21/noodle-ride-reminds-drivers-how-to-pass-cyclists/. I organized and cut all the noodles on this ride. Please review the comments section of this article. Over 80 comments last I looked..
5) Any thoughts about County having no responsibility for making a bike friendly community???? Again SB1402.
I hope these thoughts may help with the better purpose of not over regulating “non- Downhill Bicycle businesses” and may further encourage implementation of Bike/Pedestrian facilities.
GREAT-44- Bicycle Tour Bill
Aloha,
I endorse the Bicycle Tour Bill, my job requires me to drive up and down Haleakala at least 4 times a week and I have experienced these bike tours first hand on many occasions. Currently the tours operate as the sunrise spectators and overnight employees are coming down Haleakala. The bike tours even go into the residential areas below Haleakala as parents are trying to take their children to school. I’ve witnessed a lot of near misses as the bikers don’t always pull all the way over or impatient drivers pass in a no passing zones into oncoming traffic. I believe limiting their operational hours to be between 0900 and 1300 is necessary for everyone’s safety.
Mahalo,
LOGAN, D'ANDREE L DU-02 USAF AFMC AFRL/RDSMS <dandree.logan@us.af.mil>
Great-44....Haleakala Bike Co.
To whom it concerns; We would like to support the small business companies here on the island. I myself, Nancy Dobrowolski and also my friend Karen Nicholas are in favor that the Haleakala Bike Co. get the green light to continue their business. We both are long time residents here on the island and have no problem with sharing the road with the downhill bikers. We all can enjoy the beautiful scenery of Maui together! We both live upcountry and would like to put our opinion in that this company may continue to be run and enjoyed by tourists. Thank you 🌺
GREAT 44 Proposed Bill
To whom it may concern,
I am writing in regards to the Great-44 Bill proposed by Councilmember Mike Molina. I would like to express my overwhelming support for this Bill. As a law enforcement officer who works up at the summit of Haleakala multiple days a week, I am very aware of the problems caused by these unregulated tours. The bike tours have been an issue with my unit for as long as I have worked here. It is a safety hazard for the riders and a liability issue for my officers. On numerous occasions I have had officers complain about traffic delays and safety concerns related to almost getting into an accident due to these tours. Due to the windy nature of the road, and the hours these tour companies choose to operate, I think it is super important that this Bill is passed. The tours seem to be getting bigger and bigger and need to be regulated.
Officer Webb
Great 44 Bicycle Tour Bill
Good Morning,
As an Law Enforcement Officer for the USAF, I have seen many unsafe practices from both customers and business owners. Driving up and down Haleakala for the past 6 years, i have petitioned for more restrictions on this matter. I do believe this bill is on the right track to a safer commute.
GREAT-44- Bicycle Tour Bill
I was told to email my concerns regarding the bicycle tours here on Hale’akala. My name is OFC Shane Hoyt who is currently a Civilian police officer with the United States Air Force. We encounter these tours every morning when we finish our nightshift at the top of the summit. I never understood how these companies were able to operate on such a small and dangerous public road. Over and over again we are inconvenienced by the operation of these companies. We are forced to wait behind them for over an hour while they conduct their tour which slows our operation and a makes us much less capable of doing our job at the highest level. Safety and liability is a huge concern as well. If there was an emergency that we needed to respond to quickly these bikers become a very dangerous liability on a small road. Their clients at times seem to be very inexperienced on a bicycle either visibly having trouble steering or being way out in the middle of the road which is a huge safety concern for anyone descending the mountain. They also seem to only have one guide with them at any given time or no guides at all. These roads barely have a shoulder let alone a bike lane for these groups to operate in. I don’t believe that private businesses should be allowed to utilize these public resources for their profit even if there are only six companies allowed. If only six are allowed that clearly means that these areas are not capable of handling this type of business and should be done away with completely. Very similar to other companies like “Hike Maui” bogarting public trails as if the own them which is very similar to how these bike tours are operating. After voicing my concerns I hope they are taken into consideration when addressing this bill and in regards to the operations of these tour businesses.
Mahalo,
V/r
Hoyt, Shane D.
DAF CP DU-II Police Officer
AFMC/AFRL Det 15/RDSMSC/Maui Hawaii
Office: 808.874.1601 (HST)
Cell: 808.268.1510 (HST)
My name is Kihei Kim I'm 57 years old I was born on the big island and raised on maui graduating from Saint Anthony's high school. After moving away in 1982, I have frequently visited maui at least once a year. Being a former resident of up country and attending Makawao middle school, I have witnessed over the years during my frequent returns over the past 39 years while visiting family and friends many changes. I have witnessed 1st hand the impact that Haleakala Eco Tours tours have on the community and our environment being a past patron. All participants are well briefed and are fortunate enough to experience a wonderful presentation of the Hawaiian Heritage background During our journey as we crest the summit to Haleakala in preparation for our Downhill ride experience. It appears their business platform has done the research to help the Preservation of Hawaii while providing A wonderful and memorable experience. The many times I frequent Maui over the course of the past 39 years I would have to say there has been a lot of changes that I don't really appreciate in regards to growth that has occurred to my home, this is definitely Not one of them. I come from a large lineage of Asian and Hawaiian background on both sides of my family. 90 to 95% of my family reside within the islands. What little voice I may have to support this industry to continue, I hope all of you can look deep within yourselves and ask the question, What types of industry that can create sustainability and preservation of our land with the least amount of impact do we truly want our visitors to experience. Please let Hawaii be Hawaii and allow it to grow in the most positive of direction Within its tourism industry. Please allow their business to continue without restrictive impact. Thank you for your time.