Aloha I am Antoinette Bantilan and live on Kokomo Road. The bikers come down Kokomo Road daily. Recently, I have not seen much bike riders.
They don’t bother me.
Thank you,
Antoinette Bantilan
As a citizen of the upcountry community, I am well aware of the bike tours, and as someone who drives these roads daily as well as someone who has had the opportunity to participate in the down hill bike tour, I feel compelled to share a few thoughts on this ordinance. From my first hand experience, I have to say I absolutely oppose this ordinance.
You are considering passing an ordinance that will undoubtedly make some very drastic changes to how the bike tours will operate moving forward. Most of these changes will seemingly make it impossible for these local businesses to thrive, potentially leaving many residents of this community out of work. I might venture a guess to say that most of the people who are deciding the fate of these local companies have never been on these bike tours before or maybe even ridden a bike on these county roads before.
I have been on the bike tours a couple times and often recommend it to visiting friends and family. I know a few people that work for these tours as well. I live in Haiku and drive between home and Makawao regularly, and so I’ve used the roads while others have been biking down. I think that gives me a unique perspective and more experienced opinion on the matter.
Biking down the mountain gives the chance to see this beautiful island, that we all love, in the most glorious light. I know that people have some concerns of the safety of the bikers, however I have never felt like I was in any danger. I’ve only done the unguided bike tour, but felt the company has always done everything in their power to prepare us for the ride. They were very thorough in their safety briefings, and they did not let us go until they knew I was ready. They also included instructions on how to be courteous to the drivers on the road. When I’ve done it, I noticed that they stayed on the mountain until the riders were safely on their way. Without a question they put safety as their top priority. To be honest the only time that I felt unsure or unsafe was when dealing with impatient drivers that often speed on these roads.
If you really want to ensure the safety of riders then let’s get real here. Safety lies in all users of the road. Drivers on the road come up behind bikers and don’t want to wait the 30 seconds or less to pass the bikers safely, because realistically that is all it would take, 30 – 60 seconds. I know because I drive these roads. Passing the self-guided is sometimes easier cause they are in smaller groups, so it really doesn’t take that long until they give you an opportunity to pass. But I’ve watched other drivers on the road behave in such reckless fashion that it is appalling. Honking at bikers, startling them, speeding past them closely, and passing on a blind curve in the road with oncoming traffic. Again all it takes is a little patience. Maybe my perspective is different being that I’ve experienced that as a biker too. But what’s the rush? Have we really lost the art of patience? What happened to that Aloha that we were once so proud to share?
I actually had a close friend that was walking and got hit by a speeding vehicle on the same route these bikers come down. There really is a problem with safety on the road, but being completely honest, the bike tours seem to be the only ones obeying the laws! So, do we start to regulate residents on these rural roads? These bikers have every right to enjoy the road and our beautiful community too. It really is a fun and enjoyable experience, and a safe one. So, instead of potentially destroying more businesses and the livelihood of many, maybe we should get to the root of the problem and make the roads safer. Better road ways, enforce traffic laws, crack down on reckless drivers. Consider a solution that might actually make the roads safer for everyone. So yeah, I oppose this ordinance.
To: Mike Molina and the Government Relations and Ethics Committee
Re: GREAT 44 BICYCLE-TOUR PUBLIC SAFETY AND RELATED LITIGATION CONCERNS
As a multi-decade Resident and recreational bicyclist of Upcountry, and with many years of experience working in the Occupational Safety & Health field, and as a professional bicycle tour guide, I feel uniquely qualified to comment on this proposed ordinance. Upon even the most cursory reading, it is quite obvious that the authors are using “Safety” as the cover for a tyrannical attempt to shut down a booming industry which is supporting local families as we struggle to recover from the pandemic shutdown.
First, I’d like to speak to the concerns that the bike tours create a safety hazard. I feel that they are being made a scapegoat for the general trend of reckless driving we are seeing on Maui’s roads. For nearly 25 years, I have been riding bicycles Upcountry, both for fun and for a job. It used to be the tourists that drove like donkeys, but now it’s the local residents too. Every single driver I see is trying to do 40-50mph on roads marked 30mph. A local rider was recently killed in Ulupalukua, by a young local resident who was reportedly driving recklessly. Sadly, I knew both the victim and the driver. Two local families are now devastated by dangerous driving. Almost immediately, social media comments blamed the bike tours, calling for their shutdown, even though the rider was just a local guy out for a ride, and had nothing to do with the tours.
This last week, the Maui Police Department conducted a crackdown on speeding and dangerous driving. While it may slow us down for a week, next week everyone will be racing everywhere again. This trend is even acknowledged in County Communication 21-453 Exhibit B, where it says “Operating guided tours on Baldwin Avenue, Olinda Road, Hanamu Road, and Haleakala Highway 377 poses an increased risk of traffic/miscellaneous accidents due to impatient drivers who frequent the area.” It isn’t the tours creating the risk, it’s the impatient drivers.
Another paragraph says: “Bicycle tour companies who allow guided tours often don't use good judgement and causes a line of cars (5-8 vehicles) to build up behind them forming a slow moving line. This eventually becomes a safety hazard and impatient drivers will attempt to pass at a moment's notice. This type of behavior creates reckless driving and road rage type incidents.” Again, it is the impatient drivers creating the problem. As a long-time tour guide, I can assure you that we make every attempt to let the following traffic pass when it is safe to do so. I’m not going to pull my group over to the side and send traffic if we’re rolling into a blind turn. I’ll wait until I reach a safe straightaway, with good sightlines for the drivers, and a decent shoulder for the riders. Unfortunately, that sometimes doesn’t come soon enough for those impatient and reckless drivers speeding down the mountain well above the posted speed limits. The local community has been asking for additional pullouts to be created for decades. Funds were collected by taxing the bike tours, but none were created. If the politicians and powers that be truly cared about the people of Maui, they would have built some a long time ago.
The truth is the bike tour industry is a hollow shell of what it once was. When I began leading tours more than two decades ago, there would be 35-40 bike tour vans at the summit every day for sunrise. Now there is only handful. Many long-time businesses are no longer operating, and none at the scale they used to. But still they consider us the problem…
The proposed legislation refenced in Correspondence from Corporation Council 10-29-21 makes no attempt to address the true problem of reckless driving. Instead, it seeks to effectively close down bicycle tours, without regard to the true effects it will have on the community. Elements of the proposed ordinance, such as excessive reporting requirements, to criminalization of administrative offenses, and offloading County liability for providing safe roadways to the tour companies, sound more like punitive actions than something to address safety. Furthermore, the overly broad definitions allow this misguided legislation to be applied to group rides conducted by local nonprofits, such as the Maui Bicycling League, and even a small business who may rent out bikes to a couple by the day or week.
Also, eliminating the self-guided bike tours would be a huge mistake for a destination that bills itself as a place for outdoors-loving people. Kula, Makawao, and Paia are all designated Country Town Business Districts. Part of the definition of a B-CT country town business district is that it has limited parking. Why would you want to discourage bicycle traffic when there is already inadequate infrastructure for motorized vehicles? How about taking some of those funds that were never used to build pull-outs, and use them to build bike racks in Makawao, Paia, and Kula? Safe parking can help encourage bicycle travel, which is a reasonable, safe, and healthy alternative to motorized vehicles. Do you really want Maui to be known as Anti-Bicycle?
One of the biggest issues I have with this legislation is the impact it will have on the many local families that are supported by the bike tour industry. First you have the employees and their families. Working as a tour guide, I can pay my mortgage. My children have a home to live in, food to eat, and clothes to wear. We are not living on the street or collecting public support. My taxes are being paid. The money I earn is being spent in the community, at the grocery store, dining, schooling for my children such as martial arts, piano, and gymnastics, and more. Go to Makawao on a weekday morning…. Sit in front of the Rodeo General Store for an hour and look around you. You will see long-time businesses such as Komoda Bakery, as well as new businesses such as Ohana Island Grinds and Expresso Mafia. Many of those businesses are busy because of the bike tours. Its not the locals shopping in those clothing and knick-knack stores…..its the 200 people a week I bring into town just on my tour alone. Once the bike tours pass through, the town becomes quiet again. Close down the bike tours, and those local businesses, owned and staffed by local families, not mainland corporations, will also shutter.
At a time when we are all struggling to rise out of the difficulties of the pandemic shutdown, and get those financial lifelines flowing again, why would you want to shutter a vibrant sector of the Upcountry economy? Are you truly a friend and advocate of the Upcountry Residents if you support this ordinance? Or do you prefer to see us all stuck on those government handouts? How will it help the community if the company I work for is drowning under excessive fees and costs, government overreach, and restricted income due to group limits, and are unable to pay me a living wage? Is it truly making Maui better? Are You?
I strongly oppose. I understand the safety concerns that exist due to the biking industry. I feel as if many of the public concerns should be addressed appropriately. I have seen the community come back to life due to the return of the tourism industry. This decision is a drastic measure that would shut down a business that has provided for many families. This extends to tax revenue, increased park visits, restaurant, and store visits. I know that we can come up with more constructive solutions.
My name is Matthew, I am a Baldwin High School Alumni and grew up on the south side of Maui. Firstly, I oppose this ordinance change because I believe the bike companies provide employment opportunities and needed revenue to support the Maui economy. Many of these businesses are locally owned and have been running their tours legally and responsibly down Haleakala for 30 years and have remained respectful of the surrounding communities, abided by laws of the road and been conscientious of traffic patterns. They make a point to pull over when needed and do their best to cater to the residents of these areas. Many of the employees conducting the tours are local Maui residents who have lived on island their entire lives and know the roads like the back of their hand and therefore know how to best navigate them. My biggest issue with these ordinance changes is that they would further put pressure on struggling local businesses that have already had to implement many changes due to COVID safety protocols during the pandemic. There is a big push to support locally owned businesses and help them succeed, these changes would do the complete opposite for many of these companies.
As mentioned in other comments, there also seems to be a prevelant issue with tours being conducted illegally that aren't being addressed and enforced under the current ordinance. The individuals running these tours are not only blatantly breaking the law and putting Maui residents and visitors in danger by being on the road, but also putting the responsible businesses at risk and giving them a bad reputation. By first enforcing the current ordinance to combat these operations there will be less of these illegal tours on the roads and I am certain that this issue would greatly resolve.
Thank you for the opportunity to respond to the proposed amendments to the County Ordinance. At the very least it appears that any change to the existing ordinance is premature. The existing ordinance does not allow for unlicensed and permitted tours to operate. Living in Upper Kula I am aware that there are numerous tours that are operating illegally. For many on the road I am certain they are unaware of who is a permitted operator and who is not. It is my suggestion that the County first proceed by enforcing the ordinance as written.
In the event the ordinance is put in place I do not see that it will make any difference to the illegal operations on the road as they are already operating illegally and do so with impunity because of the lack of enforcement.
existing ordinance. It is my opinion that the ordinance serves as an improper restraint restraint on legally operating businesses.
My name is Ashley, born and raised in Upcountry Maui, I am emailing my written testimony in support of the Maui bike businesses, for a majority of my life I lived in Upcountry Maui where I went to high school at Seabury Hall. I have family and friends who live all across the Upcountry area whose livelihood depends on their employment with the bike tour companies. I myself have driven the Kula, Makawao and Haiku roads for 24 years of my life and have never had a negative experience with the bike companies, their employees or the riders. I personally have seen the positive impact these companies have had on their Maui community, donating money and resources to local organizations over the years.
These companies are locally owned and provide much needed employment opportunities, not to mention they have brought an astounding amount of revenue and tax money that benefits the state of Hawaii and county of Maui for decades. The proposed “ordinance changes” would have a significant negative impact on these companies, leading some to fully close their doors, leaving many employees without work and no way to provide for their families. These companies have already had to significantly change their operations and business models to abide by and uphold COVID protocols and have done everything possible to keep their customers, employees and community safe. Putting this burden on these companies could have a catastrophic impact on the surrounding communities by resulting in layoffs and a huge decrease in revenue from this sector of the tourism industry. Many families are already suffering as a result of rising cost of living and the stress that the pandemic has put on everyone, this decision will directly impact many, crippling these employers, employees and their families financially. I ask that you rethink this change and listen to these business owners, employees and others in support of the bike tour businesses.
Thank you for the opportunity to testify. My name is James Boote. I am the owner and operator of
West Maui Cycles, a family-owned business that has served the west Maui community for over 27
years. We sell, service and rent bicycles to Maui residents and to our island visitors.
We do not provide guided or supported unguided tours of any kind.
As a matter of good business, we follow the following practices.
• Maintain and service all our rental bikes for function and safety before and after every
rental.
• Provide safety equipment including helmets.
• Purchase and hold a comprehensive liability insurance policy annually
• Already have in our rules and liability contract that no riders are allowed on the Volcano
downhill route, listed by name and route number, and that riding down the volcano is not
recommended by West Maui Cycles.
• Require all riders to read and sign our rules and liability contract at time of pick up.
During the pandemic West Maui Cycles and other neighborhood bicycle shops remained open as an
essential service to the community repairing bicycles for those who rely on them for their primary
transportation. We remain dedicated to serving the local community’s bicycle needs for both
transportation and recreation. Services that we would no longer be able to provide without the
income stream from our bicycle rentals.
As a struggling small local business, this ordinance will add financial burden and hurt our ability to
remain open.
I ask that this ordinance be rewritten to not include our local neighborhood bike shops and their
bike rental services.
I also ask that our local bike shops not be genuinely grouped-in with bicycle
tour companies that do not offer or provide the same type of services as we do.
Thank you for your time.
I would like the following language added to this ordinance:
"No bike tour may use county or state public parking for their customers, employees, tour vans or trailers. Applications must include the physical address of employee and customer parking and the number of parking stalls available for these uses"
Thank you for addressing this very important topic. Bike tours need stringent regulation and limits because they are using public resources for their personal and business gains. Furthermore, they appear to be very unsafe as Maui does not have resources to accommodate this type of activity (wide roads, bike lanes, multiple lanes, passing lanes).
A business "good for the economy" should not put stress on pubic resources or living beings. Residents should not have to file complaints. I have personally complained about bike tours using Paia beach and public parking for their customers in lieu of providing their own parking.
The narrow upcountry roads are not designed to accommodate bicycle tourists. The location of the bicycle shop next to Makawao Pharmacy is not good either, they take up parking stalls meant for the pharmacy customers. Going downhill on Baldwin Avenue cyclists take the whole road causing traffic to back up. As additional housing developments are being constructed in the area & traffic increases it will become more problematical & dangerous.
November 16, 2021 Meeting
Re: BICYCLE-TOUR PUBLIC SAFETY AND RELATED LITIGATION CONCERNS (GREAT-44)
Aloha Chair Mike Molina and Vice-Chair Keani Rawlins-Fernandez & Committee Members;
Thank you for the opportunity to comment. My name is Toni Marie Davis. It's been my honor to collectively market & lobby on behalf of the State's in-destination experiences for the past 24 years. Hawaii residents own 98% of Hawaii's 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.
Collectively, our industry brought in over $4.6 Billion in revenue for Hawai'i and employed over 50,000 workers in 2019. Tourism is a gift to any community when appropriately managed. Focus on balanced use of public resources between patrons and non-patrons of commercial tours is imperative. Additionally, commercial tours enhance the ability to control use. Supervised tours allow the opportunity to site & enforce rules of conduct, share culture, and sets a stage for environmental consciousness.
Bicycle Tour businesses are members of our organization, and GREAT-44 threatens the life of these companies as written. The friction between residents (Kula) and the bike tour companies is nothing new. This opportunity has been studied since 1995 by Maui Police, Corporate Council, Kimura International, Inc, National Park, etc.… Always with the same approach to stifle the legally permitted companies.
1. Prohibiting Unguided tours- Providing rental bikes to visitors and residents is a service provided by a much larger scope of businesses. In essence, this ordinance will prohibit "permitted guided bike tour" companies from conducting these “tours”. The ability for "Joe Public" to own, lease, rent a bike and ride on our public roadways is a Federal right. There is a demand that is not going away – we need to accommodate this experience as safely as possible and make changes and improvements that reduce friction with the community.
2. No more than six Tours Companies operate 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) with a total of 16 guests a day.
The proposed "ordinance changes" will refocus the current demand to seek out "on your own" unsupervised alternatives not affiliated with a legally permitted bike tour company. Reducing supply will not reduce demand. If there are fewer "guided" options more will be opting for the "unguided".
A3H recommends:
• instead of stifling this sector, accommodate and partner with them.
• Eliminate scofflaws (those operating now without being permitted).
• Facilitate uniting all bike enthusiast businesses to adhere to best practices.
• Build turnouts along the most popular routes.
• Work with the DOT's Bicycle and Pedestrian Planning Program (https://highways.hidot.hawaii.gov/stories/s/h4ss-c6xy) to improve 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.
Maui is among the top-rated bike destination in the world. Why not embrace this honor by providing the proper infrastructure.
Hawaii's economy has suffered more than any other state in the U.S. due to Covid-19 due to our evident dependence on Tourism. Our government and community should be welcoming COVID-Free visitors back and assist these "barely-holding on" businesses as much as possible. Despite arguments to diversify our economy, there is no other export industry more lucrative and supportive of our land, people, and sense of place than Tourism if managed.
Mahalo again for this opportunity to provide comment,
Toni Marie Davis/Executive Director
Toni@A3H.org
808-264-0000
Aloha.
I have live in Paia for 44 years in the same place. I have traveled Baldwin Avenue a lot. Every time I encounter a bicycle rider I don't feel safe for me or the rider. Currently the road is to narrow and curvy to safely support bicycles and cars. Any given moment on a curve, the road having to support two cars and maybe two bicycles clearly show the road is to small. Even two cars and a bicycle is too narrow. Until this safety issue is cleared up, bicycle riders should be band from using these narrow roads for all bicycle activity. Having these bicycles on this road is just to dangerous.
Mahalo for your time.
David Farrington
76 Hana Highway
Paia
Aloha County Council members;
Mahalo for allowing written testimony on the subject of regulating bike tours. My name is Nicole Hokoana and I am submitting personal testimony. I live in the Paia-Haiku area and work off Baldwin Avenue. I have attending child at Kalama Intermediate, and therefore, drive the Baldwin Avenue -Haliimaile - Haleakala route; and the Kokomo -Makawao Avenue route frequently.
I would really like to see more regulation of the bike tour businesses. Aside from the nuisance caused by the bike tours, my real concern is for the safety of the riders. From what I have observed, the unguided tours, especially, are unsafe. The proposed rules would seem to address the concerns that I have, so I will comment on how these rules will impact the safety of the business as I see it.
Proposed Rules:
Prohibiting unguided commercial bicycle tours.
-This is really important. I see family units, including children about 8-10 years+, uncertain of where they are headed and separated by traffic. It is so dangerous. One day, as I drove along Haliimaile, from Baldwin Ave to Haleakala Hwy, I observed a family of 3 navigating the gulch area that has no shoulder or space and is dangerous due to speeding and potential to cross the centerline. A mother was in the front, her 10 year old in the middle, and dad was much farther back. They were separated; luckily I saw dad on the shoulder early on, so I proceeded slowly, then saw the son, and finally, after navigating around the son who was peddling downward in the gulch area, I spotted mom at the top of the hill where she was waiting for son and dad to catch up with her (where the road begins to flatten out - by the neighborhood). There was no car behind me, so I rolled down my window and I spoke to her. I told her that the road is unsafe and that I would NEVER allow my kids to bicycle on this road. She remarked that this is where the tour company said to come. I barked a response, shook my head and moved on. Crazy recommendation from the tour company in my opinion. I have also seen people lost on Kokomo Road, uncertain about whether to continue towards Kaupakalua Road or turn left on Kokomo. Unguided tours leave the tourists to fend for themselves in an unknown place that can be difficult to bike if you are out of shape; they are at increased risk due to the conditions of the roads that were not intended to accommodate bikers, let alone inexperienced bikers.
Tours may only operate between 9:00 a.m. and 1:00 p.m.
-Yes please. Parents are always rushing to get their kids to school on time. There are school buses, traffic, and people are easily frustrated. Limiting tour times reduces the conflict that can occur between tour companies, tourists and residents.
Tour companies may only operate one guided bicycle tour per two hours in the community plan areas.
-I agree with this.
Only six tour companies are allowed to operate in the community plan areas.
-More regulation so that it is not a free-for-all is smarter, and will likely result in increased compliance by the limited tour companies that secure the permit to operate.
Mahalo for allowing this testimony in support of regulation of especially unguided tours.
Aloha Council members, I OPPOSE this bill in its entirety! When I first heard the Kula Community Assoc. was having a meeting and one of their topics of conversation was the downhill bicycle tours, I tuned in to that meeting. I found out that they had a draft of a bill to submit to the council. In the draft there were numerous items that showed they do not know anything about the industries inner workings. But I was very interested to get involved to help facilitate meaningful dialog, however the bike tour industry was not contacted. As a result of the Kula meeting I reached out to Council Member Molina, again offering to work with them to facilitate a better understanding. On Monday November 8th his office sent me an invitation to have a virtual meeting for Nov.10th with him and his staff. At this time they also sent me a new draft calling it GREAT-44, the original intent of this meeting from my side was to talk story with Mike so he could have a better understanding of the industry. However once we had time to digest the new Draft GREAT-44, it became clear there was no longer an intent from Mr. Molina to work with us.
He is intent on shutting down the industry. An example of this, is a rule that calls for a 2hr window between guided groups, only operating from 9am to 1pm, which is absolutely written to put us out of business. In 2010 the council commissioned Kimura International to conduct a study. Part of their findings was that time and space was an important factor to ease traffic concerns. They recommended that 5 minutes between groups would have a 2 mile space and 10 minutes would create a 5 mile gap. This would work for the companies and not put anyone out of business. The other big takeaway from the study was to put in pullouts along the route, creating safe area's for the guided and self guided groups to pull over giving ample room for vehicular traffic to pass safely. This study was published in 2010. The county has not implemented any thing since to enhance safety along the route. Maui County will receive monies soon from the federal government for improvement of our Island's infrastructure. Maybe now is the time place this into the upcoming budget! Calling for an outright ban of self guided riders is unacceptable! The county has no hard data to support this position. Only that the Kula Association calls bike riders a "nuisance" . We have always been willing to sit with community leaders and or government officials to address safety concerns, however this new draft of a bill is not about safety. But it is about getting name recognition for a council member up for election who may have aspirations of moving up a floor in the county building. I OPPOSE THIS BILL!
Phil Feliciano
Owner of Cruiser Phil's Volcano Riders
1998-2018
Director of Operations,
Bike Maui 2018-Present
Aloha and thank you for the opportunity to voice my concerns over GREAT-44 which seeks to regulate and restrict the Haleakala Bike Tour business which has been around for 40 years. I OPPOSE this bill and ordinance.
I testify with two points of view. As a manager of one of the bike tour companies but also as a concerned long-time resident of Upcountry Maui.
I work for Haleakala Bike Company (HBC) dba Bike Maui. HBC gave me my first job after returning home to Maui from college. I’ve had the pleasure of working for this company for now 16 years, starting as tour guide, learning to be a bike mechanic, becoming proficient in the office workings and becoming a manager in this company I was able to gain a well-rounded understanding of the bike tour industry and its operations. My experience as a worker and leader in the industry as well as a resident of Upcountry has me very concerned over the details of GREAT-44.
My biggest concern with the ordinance lies in the fact that it has been constructed without a great understanding of the industry, it’s operations, and its current state.
No one from the county nor any community association has asked for a conversation with the industry leaders or the hardworking employees whose jobs are threatened by this ordinance. No one has asked the experts in biking, touring, and driving Haleakala for their input. Here are a few things that should have been considered had there been an effort to appropriately examine this industry:
First, the number of bikers and bike tours have been drastically reduced since it’s peek in the mid 2000’s, when concerns over the activity started. In 2005 Haleakala National Park limited companies to just 2 vehicles for Sunrise, an 80% reduction for some companies. In 2007 bike tours were suspended from the Park resulting in a 50% reduction in participants. In 2018 Haleakala National Park reduced access to the park to only 4 companies, down from 17. Only ONE of those companies were known as a bike tour operator. This resulted in 3 companies eventually shutting its doors. Cruiser Phil’s, Bike-it Maui, and Maui’s largest downhill tour company Maui Downhill. And most recently the covid-19 pandemic, the shutdown of local businesses, the deterrent of tourists, and the restriction of operations all led to even less participants overall. If the 2010 Kimura Bike Safety Study was used as a resource to determine the traffic and safety impacts of the tours, some of that date may be outdated irrelevant.
Second, there is no data that suggests one type of tour is better, safer, or less impeding than the other. Banning Self-guided (unguided) bike tours has no basis in fact or reason. There are pros and cons to both guided and self-guided, which is why Haleakala Bike Company offers both. For example, Self-guided participants come down at the riders own comfortable pace, and often come down in much smaller groups, making it easier for vehicles pass. If they are found riding “in the middle of the road” it is because the roadway is often the safest place for these licensed vehicles to travel. With a little patience, the bikers are advised to let traffic go by when safe to do so.
Third, regarding vehicle traffic and safety, this is an area that we hope to address with local residents. Bikers travel an average of 20-25mph down Haleakala. Posted speed limit along this route rarely goes over 30mph. I’ve heard arguments that the conditions are unsafe because drivers get impatient and pass when it’s not safe to do so. I’m sorry, that is not a biker problem. In that scenario the bikers are adhering to law and the vehicle the danger. Speeding and aggressive driving should be addressed for the safety of everyone on the road. Average speed of vehicles coming down Haleakala exceeds the speed limit in every area. We do not intend to impede traffic at all, however if all parties follow posted speed limits and display a bit of patience you will find it much bearable and the situation much safer.
Fourth, the bike industry has long been willing to work with the county and community on the concerns. I am a member of this community having grown up in Haiku, lived in Kula, and started my family in Makawao, I am very well aware of the bike tours and their use of the roadway. But having worked for one of those tours, I know that we have taken great strides and made countless efforts to address the concerns of the community. Things like mandatory stops and pull offs, later launch times, and specific instructions to guests to not only be aware of local traffic but have respect for the local communities as they enjoy their adventure. We’ve offered our rides for free to any interested parties, kamaaina, or officials that wish to see how we operate. In addition to what we already do, the industry has also expressed interest in working with the county to build pull-outs that we would gladly use, a recommendation given in the 2010 Kimura bike study, which was conducted when the industry was at least twice the size it is now and those that conducted the study deemed the ride relatively safe after experiencing it for themselves.
Fifth, our customers are the communities' customers. The positive influence on our guests goes beyond just the bike experience. Not only do the bike tours offer an opportunity to diversify tourism and bring visitors to rural Maui, but when they visit they spend! Both the self-guided and guided bikers will often stop and eat at Kula Lodge. They will grab some fruit from the local fruit stands along the route. They grab some donuts on a stick at Komodas, and even take a browse around the shops in Makawao, Paia, and Haiku. As part of our interpretive services, we share so much about the local history and culture, and invite them to experience it for themselves, and to support these communities.
Sixth, our valued team members are local residents too. They have voices, they have input. Though the issue is brought up by residents, it affects the residents in our business as well. We are not big companies, we don’t have lobbyist or support groups, we just have our families. I have a family of 6, my kids have all gone to Haiku School. I’m a King Kekaulike graduate. I’m just one of hundreds who not only rely on this job to support their families but have grown to appreciate their career in the industry. These are small, locally own and operated businesses, that are now threatened by this ordinance. These businesses and families have gone through a lot recently with their work being eliminate, suspended, or restricted due to the Covid-19 pandemic and resulting shutdown and restrictions. Do we really want to put more local workers out of a job?
This ordinance wants to present solutions to a perceived problem, however it fails to do so. The basis and reasoning behind it is flawed and the information and resources that back it incomplete or one-sided. The above discussed items are just a few of many that need to be considered before allowing a destructive bill like this to be passed. I could go on and on about what is missed by just observing from afar rather than understanding it first hand. We had hoped that the conversation with the affected parties would take place before it was written, but here we are testifying as to why it shouldn’t pass, pleading not to take away something that is good for local business, but essential to many local families.
For these reasons I strongly oppose GREAT-44 and recommend everyone should. These concerns can be addressed and discussed without drastically affecting small business and their hard-working local employees.
Mahalo,
Lewis Upfold
COO – Haleakala Bike Company
Haiku Resident
Some simple questions: how many vehicle vs. vehicle collisions have occured as a result of mspeeddists avoiding bikers? How many vehicle accidents have occured because of speed? Why are there 6 speed bumps on Hanamu? How many motorists observe posted speed limits? How are bike activities the problem?
I am writing to let you know that I oppose GREAT - 44 for many reasons. I am a hard working single dad and this proposed ordinance will eliminate my career and my ability to provide for my family as well as hundreds of other residents who rely upon this long established Maui visitor industry activity to survive.
As a former graduate and current advisory board member for UHMC’s Hospitality and Tourism (HOST) program, I am strongly opposed to this ordinance as it is clearly ANTI-TOURISM. It is so sad to see all of the hard work which UHMC puts into promoting tourism as a viable career choice via the HOST program only to have the County Council propose such an ANTI-TOURISM ordinance. This sends a strong message to high school students, and others, contemplating attending UHMC that Maui County is not tourism friendly and that it might not be a good career choice going forward.
This proposed ordinance is clearly not about Safety, but rather about trying to appease a small but very vocal group of Kula residents, aka the Kula Community Association. If safety were actually a priority, then Mr. Molina would be introducing an ordinance which would help prevent the huge number of visitor drownings which occur every year in Maui waters. Look at the data! Bicycle deaths on Maui are extremely low compared to drownings and motor vehicle accidents.
And speaking of motor vehicles. Let’s look realistically, if anyone does that anymore, at what the root cause is which compels Kula residents to complain about the bikers. Bikers ride at or below the speed limit averaging between 20-30 mph. The fastest posted speed limit along their route is 30 mph. If drivers actually drove the speed limit, there would not be an issue, correct? The reality is that the vast majority of Upcountry drivers speed and get really frustrated when they are forced to drive within the posted speed limit for a few minutes until the bikers can safely pull over and let them by. The comprehensive Bike Tour Study published in 2010 stated this multiple times, yet it seems as if Mr. Molina would rather turn a blind eye to reality and instead propose an ordinance that doesn’t address the root cause, impatient drivers who speed. What’s even more concerning is the fact that Mr. Molina did not even consult with the bike industry leaders before drafting and proposing this ordinance. Shocking, but true!
The Haleakala Downhill Bike Industry provides careers to literally hundreds of residents on Maui, most whom are themselves Upcountry locals. Now let’s consider the ripple-effect of such an ordinance. Jobs will be lost from so many other businesses as well. How will this impact Destination Management Companies who book these tours for their corporate groups coming to Maui? How will this impact the local Activity Sellers who rely upon the bike tours for the a substantial portion of their income? How will this impact the local Concierges who also rely upon the bike tours for a substantial portion of their income and commissions? How will this impact the local small businesses in Kula, Makawao, Pa’ia, and Haiku which the bikers help to support? If this ordinance is passed, will there be a compensation fund set up for those whose careers were stripped away from them by the County of Maui, similar to HC&S workers? This proposed ordinance is clearly ANTI-SMALL BUSINESS!
The negative impacts from this proposed ordinance are long reaching and it is my opinion that they should be carefully considered before making any decisions.
Mahalo for your time and consideration!
Aloha, Government Relations, Ethics and Transparency Committee
First I want to say that this would be disappointing thousands of tourist that come to Maui to watch the sunrise over Haleakala. There many of families that depend on the bike companies to provide for their family. I have been behind the bikers many times and they are very aware of the cars behind them and pull over the first chance that a safe place comes up to do so. From what is have witnessed is the cars coming down the mountain are more bothered by the fact that they have to slow down and do the speed limit for the short time till they pull over. The drivers of the cars are the problem not the bikers. This is AMERCIA land of the FREE. The bikers and the bike companies have the right to be doing what they are doing. We live on this beautiful Island and we rely on our tourist to provide for our families. This would displace workers and their family's and hundreds of children domed to live on the beach like so many of our local families are living today. I strongly oppose this. I believe that is nothing but a political stunt by Mike Molina to win the votes in upcountry when he runs for Mayor for the county of Maui. The Sunrise Bike tours are the most popular attraction on Maui literally thousands of people come to this Island to do the Sunrise Bike Tour. PLEASE SAVE RESIDENT'S JOBS...NOT DESTROY THEM!!!
My Name is John I have live on our Island for forty two years and back in the early 80's when the bike tours started with Bob they use to come in the restraint I worked in to have brunch at Dillon's where I was a waiter and they were so excited about the bike ride. The exactment has only gotten stronger. The deportment for the tourist would have a very negative view on our council members. And the effect on the family's would be devastating. We have a hard time supporting our family's as it is. DON'T DO THIS TO THE PEOPLE
Please do not shut down the Maui bicycle industry. It is a visitor favorite and brings needed tourism dollars to upcountry businesses and families.
At this time we should be expanding businesses and opportunities for tourism not limiting them.
Please do not allow the interests of a minority of individuals (drivers inconvenienced by bicyclists) decimate an industry that has served visitors and local businesses for over 40 years.
Please oppose the restriction/elimination of Haleakala bicycle tours.
Bill Great 44
Aloha I am Antoinette Bantilan and live on Kokomo Road. The bikers come down Kokomo Road daily. Recently, I have not seen much bike riders.
They don’t bother me.
Thank you,
Antoinette Bantilan
Oppose this change
As a citizen of the upcountry community, I am well aware of the bike tours, and as someone who drives these roads daily as well as someone who has had the opportunity to participate in the down hill bike tour, I feel compelled to share a few thoughts on this ordinance. From my first hand experience, I have to say I absolutely oppose this ordinance.
You are considering passing an ordinance that will undoubtedly make some very drastic changes to how the bike tours will operate moving forward. Most of these changes will seemingly make it impossible for these local businesses to thrive, potentially leaving many residents of this community out of work. I might venture a guess to say that most of the people who are deciding the fate of these local companies have never been on these bike tours before or maybe even ridden a bike on these county roads before.
I have been on the bike tours a couple times and often recommend it to visiting friends and family. I know a few people that work for these tours as well. I live in Haiku and drive between home and Makawao regularly, and so I’ve used the roads while others have been biking down. I think that gives me a unique perspective and more experienced opinion on the matter.
Biking down the mountain gives the chance to see this beautiful island, that we all love, in the most glorious light. I know that people have some concerns of the safety of the bikers, however I have never felt like I was in any danger. I’ve only done the unguided bike tour, but felt the company has always done everything in their power to prepare us for the ride. They were very thorough in their safety briefings, and they did not let us go until they knew I was ready. They also included instructions on how to be courteous to the drivers on the road. When I’ve done it, I noticed that they stayed on the mountain until the riders were safely on their way. Without a question they put safety as their top priority. To be honest the only time that I felt unsure or unsafe was when dealing with impatient drivers that often speed on these roads.
If you really want to ensure the safety of riders then let’s get real here. Safety lies in all users of the road. Drivers on the road come up behind bikers and don’t want to wait the 30 seconds or less to pass the bikers safely, because realistically that is all it would take, 30 – 60 seconds. I know because I drive these roads. Passing the self-guided is sometimes easier cause they are in smaller groups, so it really doesn’t take that long until they give you an opportunity to pass. But I’ve watched other drivers on the road behave in such reckless fashion that it is appalling. Honking at bikers, startling them, speeding past them closely, and passing on a blind curve in the road with oncoming traffic. Again all it takes is a little patience. Maybe my perspective is different being that I’ve experienced that as a biker too. But what’s the rush? Have we really lost the art of patience? What happened to that Aloha that we were once so proud to share?
I actually had a close friend that was walking and got hit by a speeding vehicle on the same route these bikers come down. There really is a problem with safety on the road, but being completely honest, the bike tours seem to be the only ones obeying the laws! So, do we start to regulate residents on these rural roads? These bikers have every right to enjoy the road and our beautiful community too. It really is a fun and enjoyable experience, and a safe one. So, instead of potentially destroying more businesses and the livelihood of many, maybe we should get to the root of the problem and make the roads safer. Better road ways, enforce traffic laws, crack down on reckless drivers. Consider a solution that might actually make the roads safer for everyone. So yeah, I oppose this ordinance.
Thank you,
Kathleen Haiku
To: Mike Molina and the Government Relations and Ethics Committee
Re: GREAT 44 BICYCLE-TOUR PUBLIC SAFETY AND RELATED LITIGATION CONCERNS
As a multi-decade Resident and recreational bicyclist of Upcountry, and with many years of experience working in the Occupational Safety & Health field, and as a professional bicycle tour guide, I feel uniquely qualified to comment on this proposed ordinance. Upon even the most cursory reading, it is quite obvious that the authors are using “Safety” as the cover for a tyrannical attempt to shut down a booming industry which is supporting local families as we struggle to recover from the pandemic shutdown.
First, I’d like to speak to the concerns that the bike tours create a safety hazard. I feel that they are being made a scapegoat for the general trend of reckless driving we are seeing on Maui’s roads. For nearly 25 years, I have been riding bicycles Upcountry, both for fun and for a job. It used to be the tourists that drove like donkeys, but now it’s the local residents too. Every single driver I see is trying to do 40-50mph on roads marked 30mph. A local rider was recently killed in Ulupalukua, by a young local resident who was reportedly driving recklessly. Sadly, I knew both the victim and the driver. Two local families are now devastated by dangerous driving. Almost immediately, social media comments blamed the bike tours, calling for their shutdown, even though the rider was just a local guy out for a ride, and had nothing to do with the tours.
This last week, the Maui Police Department conducted a crackdown on speeding and dangerous driving. While it may slow us down for a week, next week everyone will be racing everywhere again. This trend is even acknowledged in County Communication 21-453 Exhibit B, where it says “Operating guided tours on Baldwin Avenue, Olinda Road, Hanamu Road, and Haleakala Highway 377 poses an increased risk of traffic/miscellaneous accidents due to impatient drivers who frequent the area.” It isn’t the tours creating the risk, it’s the impatient drivers.
Another paragraph says: “Bicycle tour companies who allow guided tours often don't use good judgement and causes a line of cars (5-8 vehicles) to build up behind them forming a slow moving line. This eventually becomes a safety hazard and impatient drivers will attempt to pass at a moment's notice. This type of behavior creates reckless driving and road rage type incidents.” Again, it is the impatient drivers creating the problem. As a long-time tour guide, I can assure you that we make every attempt to let the following traffic pass when it is safe to do so. I’m not going to pull my group over to the side and send traffic if we’re rolling into a blind turn. I’ll wait until I reach a safe straightaway, with good sightlines for the drivers, and a decent shoulder for the riders. Unfortunately, that sometimes doesn’t come soon enough for those impatient and reckless drivers speeding down the mountain well above the posted speed limits. The local community has been asking for additional pullouts to be created for decades. Funds were collected by taxing the bike tours, but none were created. If the politicians and powers that be truly cared about the people of Maui, they would have built some a long time ago.
The truth is the bike tour industry is a hollow shell of what it once was. When I began leading tours more than two decades ago, there would be 35-40 bike tour vans at the summit every day for sunrise. Now there is only handful. Many long-time businesses are no longer operating, and none at the scale they used to. But still they consider us the problem…
The proposed legislation refenced in Correspondence from Corporation Council 10-29-21 makes no attempt to address the true problem of reckless driving. Instead, it seeks to effectively close down bicycle tours, without regard to the true effects it will have on the community. Elements of the proposed ordinance, such as excessive reporting requirements, to criminalization of administrative offenses, and offloading County liability for providing safe roadways to the tour companies, sound more like punitive actions than something to address safety. Furthermore, the overly broad definitions allow this misguided legislation to be applied to group rides conducted by local nonprofits, such as the Maui Bicycling League, and even a small business who may rent out bikes to a couple by the day or week.
Also, eliminating the self-guided bike tours would be a huge mistake for a destination that bills itself as a place for outdoors-loving people. Kula, Makawao, and Paia are all designated Country Town Business Districts. Part of the definition of a B-CT country town business district is that it has limited parking. Why would you want to discourage bicycle traffic when there is already inadequate infrastructure for motorized vehicles? How about taking some of those funds that were never used to build pull-outs, and use them to build bike racks in Makawao, Paia, and Kula? Safe parking can help encourage bicycle travel, which is a reasonable, safe, and healthy alternative to motorized vehicles. Do you really want Maui to be known as Anti-Bicycle?
One of the biggest issues I have with this legislation is the impact it will have on the many local families that are supported by the bike tour industry. First you have the employees and their families. Working as a tour guide, I can pay my mortgage. My children have a home to live in, food to eat, and clothes to wear. We are not living on the street or collecting public support. My taxes are being paid. The money I earn is being spent in the community, at the grocery store, dining, schooling for my children such as martial arts, piano, and gymnastics, and more. Go to Makawao on a weekday morning…. Sit in front of the Rodeo General Store for an hour and look around you. You will see long-time businesses such as Komoda Bakery, as well as new businesses such as Ohana Island Grinds and Expresso Mafia. Many of those businesses are busy because of the bike tours. Its not the locals shopping in those clothing and knick-knack stores…..its the 200 people a week I bring into town just on my tour alone. Once the bike tours pass through, the town becomes quiet again. Close down the bike tours, and those local businesses, owned and staffed by local families, not mainland corporations, will also shutter.
At a time when we are all struggling to rise out of the difficulties of the pandemic shutdown, and get those financial lifelines flowing again, why would you want to shutter a vibrant sector of the Upcountry economy? Are you truly a friend and advocate of the Upcountry Residents if you support this ordinance? Or do you prefer to see us all stuck on those government handouts? How will it help the community if the company I work for is drowning under excessive fees and costs, government overreach, and restricted income due to group limits, and are unable to pay me a living wage? Is it truly making Maui better? Are You?
Mahalo,
Russell Reinertson
Aloha Committee Members,
I strongly oppose. I understand the safety concerns that exist due to the biking industry. I feel as if many of the public concerns should be addressed appropriately. I have seen the community come back to life due to the return of the tourism industry. This decision is a drastic measure that would shut down a business that has provided for many families. This extends to tax revenue, increased park visits, restaurant, and store visits. I know that we can come up with more constructive solutions.
Thank you,
Ethan
Aloha Committee Members,
My name is Matthew, I am a Baldwin High School Alumni and grew up on the south side of Maui. Firstly, I oppose this ordinance change because I believe the bike companies provide employment opportunities and needed revenue to support the Maui economy. Many of these businesses are locally owned and have been running their tours legally and responsibly down Haleakala for 30 years and have remained respectful of the surrounding communities, abided by laws of the road and been conscientious of traffic patterns. They make a point to pull over when needed and do their best to cater to the residents of these areas. Many of the employees conducting the tours are local Maui residents who have lived on island their entire lives and know the roads like the back of their hand and therefore know how to best navigate them. My biggest issue with these ordinance changes is that they would further put pressure on struggling local businesses that have already had to implement many changes due to COVID safety protocols during the pandemic. There is a big push to support locally owned businesses and help them succeed, these changes would do the complete opposite for many of these companies.
As mentioned in other comments, there also seems to be a prevelant issue with tours being conducted illegally that aren't being addressed and enforced under the current ordinance. The individuals running these tours are not only blatantly breaking the law and putting Maui residents and visitors in danger by being on the road, but also putting the responsible businesses at risk and giving them a bad reputation. By first enforcing the current ordinance to combat these operations there will be less of these illegal tours on the roads and I am certain that this issue would greatly resolve.
Thank you,
Matthew
Thank you for the opportunity to respond to the proposed amendments to the County Ordinance. At the very least it appears that any change to the existing ordinance is premature. The existing ordinance does not allow for unlicensed and permitted tours to operate. Living in Upper Kula I am aware that there are numerous tours that are operating illegally. For many on the road I am certain they are unaware of who is a permitted operator and who is not. It is my suggestion that the County first proceed by enforcing the ordinance as written.
In the event the ordinance is put in place I do not see that it will make any difference to the illegal operations on the road as they are already operating illegally and do so with impunity because of the lack of enforcement.
existing ordinance. It is my opinion that the ordinance serves as an improper restraint restraint on legally operating businesses.
My name is Ashley, born and raised in Upcountry Maui, I am emailing my written testimony in support of the Maui bike businesses, for a majority of my life I lived in Upcountry Maui where I went to high school at Seabury Hall. I have family and friends who live all across the Upcountry area whose livelihood depends on their employment with the bike tour companies. I myself have driven the Kula, Makawao and Haiku roads for 24 years of my life and have never had a negative experience with the bike companies, their employees or the riders. I personally have seen the positive impact these companies have had on their Maui community, donating money and resources to local organizations over the years.
These companies are locally owned and provide much needed employment opportunities, not to mention they have brought an astounding amount of revenue and tax money that benefits the state of Hawaii and county of Maui for decades. The proposed “ordinance changes” would have a significant negative impact on these companies, leading some to fully close their doors, leaving many employees without work and no way to provide for their families. These companies have already had to significantly change their operations and business models to abide by and uphold COVID protocols and have done everything possible to keep their customers, employees and community safe. Putting this burden on these companies could have a catastrophic impact on the surrounding communities by resulting in layoffs and a huge decrease in revenue from this sector of the tourism industry. Many families are already suffering as a result of rising cost of living and the stress that the pandemic has put on everyone, this decision will directly impact many, crippling these employers, employees and their families financially. I ask that you rethink this change and listen to these business owners, employees and others in support of the bike tour businesses.
Best Regards
Thank you for the opportunity to testify. My name is James Boote. I am the owner and operator of
West Maui Cycles, a family-owned business that has served the west Maui community for over 27
years. We sell, service and rent bicycles to Maui residents and to our island visitors.
We do not provide guided or supported unguided tours of any kind.
As a matter of good business, we follow the following practices.
• Maintain and service all our rental bikes for function and safety before and after every
rental.
• Provide safety equipment including helmets.
• Purchase and hold a comprehensive liability insurance policy annually
• Already have in our rules and liability contract that no riders are allowed on the Volcano
downhill route, listed by name and route number, and that riding down the volcano is not
recommended by West Maui Cycles.
• Require all riders to read and sign our rules and liability contract at time of pick up.
During the pandemic West Maui Cycles and other neighborhood bicycle shops remained open as an
essential service to the community repairing bicycles for those who rely on them for their primary
transportation. We remain dedicated to serving the local community’s bicycle needs for both
transportation and recreation. Services that we would no longer be able to provide without the
income stream from our bicycle rentals.
As a struggling small local business, this ordinance will add financial burden and hurt our ability to
remain open.
I ask that this ordinance be rewritten to not include our local neighborhood bike shops and their
bike rental services.
I also ask that our local bike shops not be genuinely grouped-in with bicycle
tour companies that do not offer or provide the same type of services as we do.
Thank you for your time.
I would like the following language added to this ordinance:
"No bike tour may use county or state public parking for their customers, employees, tour vans or trailers. Applications must include the physical address of employee and customer parking and the number of parking stalls available for these uses"
Thank you for addressing this very important topic. Bike tours need stringent regulation and limits because they are using public resources for their personal and business gains. Furthermore, they appear to be very unsafe as Maui does not have resources to accommodate this type of activity (wide roads, bike lanes, multiple lanes, passing lanes).
A business "good for the economy" should not put stress on pubic resources or living beings. Residents should not have to file complaints. I have personally complained about bike tours using Paia beach and public parking for their customers in lieu of providing their own parking.
Thank you,
Marcy and Dan Martin
Paia
The narrow upcountry roads are not designed to accommodate bicycle tourists. The location of the bicycle shop next to Makawao Pharmacy is not good either, they take up parking stalls meant for the pharmacy customers. Going downhill on Baldwin Avenue cyclists take the whole road causing traffic to back up. As additional housing developments are being constructed in the area & traffic increases it will become more problematical & dangerous.
November 16, 2021 Meeting
Re: BICYCLE-TOUR PUBLIC SAFETY AND RELATED LITIGATION CONCERNS (GREAT-44)
Aloha Chair Mike Molina and Vice-Chair Keani Rawlins-Fernandez & Committee Members;
Thank you for the opportunity to comment. My name is Toni Marie Davis. It's been my honor to collectively market & lobby on behalf of the State's in-destination experiences for the past 24 years. Hawaii residents own 98% of Hawaii's 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.
Collectively, our industry brought in over $4.6 Billion in revenue for Hawai'i and employed over 50,000 workers in 2019. Tourism is a gift to any community when appropriately managed. Focus on balanced use of public resources between patrons and non-patrons of commercial tours is imperative. Additionally, commercial tours enhance the ability to control use. Supervised tours allow the opportunity to site & enforce rules of conduct, share culture, and sets a stage for environmental consciousness.
Bicycle Tour businesses are members of our organization, and GREAT-44 threatens the life of these companies as written. The friction between residents (Kula) and the bike tour companies is nothing new. This opportunity has been studied since 1995 by Maui Police, Corporate Council, Kimura International, Inc, National Park, etc.… Always with the same approach to stifle the legally permitted companies.
1. Prohibiting Unguided tours- Providing rental bikes to visitors and residents is a service provided by a much larger scope of businesses. In essence, this ordinance will prohibit "permitted guided bike tour" companies from conducting these “tours”. The ability for "Joe Public" to own, lease, rent a bike and ride on our public roadways is a Federal right. There is a demand that is not going away – we need to accommodate this experience as safely as possible and make changes and improvements that reduce friction with the community.
2. No more than six Tours Companies operate 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) with a total of 16 guests a day.
The proposed "ordinance changes" will refocus the current demand to seek out "on your own" unsupervised alternatives not affiliated with a legally permitted bike tour company. Reducing supply will not reduce demand. If there are fewer "guided" options more will be opting for the "unguided".
A3H recommends:
• instead of stifling this sector, accommodate and partner with them.
• Eliminate scofflaws (those operating now without being permitted).
• Facilitate uniting all bike enthusiast businesses to adhere to best practices.
• Build turnouts along the most popular routes.
• Work with the DOT's Bicycle and Pedestrian Planning Program (https://highways.hidot.hawaii.gov/stories/s/h4ss-c6xy) to improve 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.
Maui is among the top-rated bike destination in the world. Why not embrace this honor by providing the proper infrastructure.
Hawaii's economy has suffered more than any other state in the U.S. due to Covid-19 due to our evident dependence on Tourism. Our government and community should be welcoming COVID-Free visitors back and assist these "barely-holding on" businesses as much as possible. Despite arguments to diversify our economy, there is no other export industry more lucrative and supportive of our land, people, and sense of place than Tourism if managed.
Mahalo again for this opportunity to provide comment,
Toni Marie Davis/Executive Director
Toni@A3H.org
808-264-0000
Aloha.
I have live in Paia for 44 years in the same place. I have traveled Baldwin Avenue a lot. Every time I encounter a bicycle rider I don't feel safe for me or the rider. Currently the road is to narrow and curvy to safely support bicycles and cars. Any given moment on a curve, the road having to support two cars and maybe two bicycles clearly show the road is to small. Even two cars and a bicycle is too narrow. Until this safety issue is cleared up, bicycle riders should be band from using these narrow roads for all bicycle activity. Having these bicycles on this road is just to dangerous.
Mahalo for your time.
David Farrington
76 Hana Highway
Paia
Aloha County Council members;
Mahalo for allowing written testimony on the subject of regulating bike tours. My name is Nicole Hokoana and I am submitting personal testimony. I live in the Paia-Haiku area and work off Baldwin Avenue. I have attending child at Kalama Intermediate, and therefore, drive the Baldwin Avenue -Haliimaile - Haleakala route; and the Kokomo -Makawao Avenue route frequently.
I would really like to see more regulation of the bike tour businesses. Aside from the nuisance caused by the bike tours, my real concern is for the safety of the riders. From what I have observed, the unguided tours, especially, are unsafe. The proposed rules would seem to address the concerns that I have, so I will comment on how these rules will impact the safety of the business as I see it.
Proposed Rules:
Prohibiting unguided commercial bicycle tours.
-This is really important. I see family units, including children about 8-10 years+, uncertain of where they are headed and separated by traffic. It is so dangerous. One day, as I drove along Haliimaile, from Baldwin Ave to Haleakala Hwy, I observed a family of 3 navigating the gulch area that has no shoulder or space and is dangerous due to speeding and potential to cross the centerline. A mother was in the front, her 10 year old in the middle, and dad was much farther back. They were separated; luckily I saw dad on the shoulder early on, so I proceeded slowly, then saw the son, and finally, after navigating around the son who was peddling downward in the gulch area, I spotted mom at the top of the hill where she was waiting for son and dad to catch up with her (where the road begins to flatten out - by the neighborhood). There was no car behind me, so I rolled down my window and I spoke to her. I told her that the road is unsafe and that I would NEVER allow my kids to bicycle on this road. She remarked that this is where the tour company said to come. I barked a response, shook my head and moved on. Crazy recommendation from the tour company in my opinion. I have also seen people lost on Kokomo Road, uncertain about whether to continue towards Kaupakalua Road or turn left on Kokomo. Unguided tours leave the tourists to fend for themselves in an unknown place that can be difficult to bike if you are out of shape; they are at increased risk due to the conditions of the roads that were not intended to accommodate bikers, let alone inexperienced bikers.
Tours may only operate between 9:00 a.m. and 1:00 p.m.
-Yes please. Parents are always rushing to get their kids to school on time. There are school buses, traffic, and people are easily frustrated. Limiting tour times reduces the conflict that can occur between tour companies, tourists and residents.
Tour companies may only operate one guided bicycle tour per two hours in the community plan areas.
-I agree with this.
Only six tour companies are allowed to operate in the community plan areas.
-More regulation so that it is not a free-for-all is smarter, and will likely result in increased compliance by the limited tour companies that secure the permit to operate.
Mahalo for allowing this testimony in support of regulation of especially unguided tours.
Nicole Hokoana
Aloha Council members, I OPPOSE this bill in its entirety! When I first heard the Kula Community Assoc. was having a meeting and one of their topics of conversation was the downhill bicycle tours, I tuned in to that meeting. I found out that they had a draft of a bill to submit to the council. In the draft there were numerous items that showed they do not know anything about the industries inner workings. But I was very interested to get involved to help facilitate meaningful dialog, however the bike tour industry was not contacted. As a result of the Kula meeting I reached out to Council Member Molina, again offering to work with them to facilitate a better understanding. On Monday November 8th his office sent me an invitation to have a virtual meeting for Nov.10th with him and his staff. At this time they also sent me a new draft calling it GREAT-44, the original intent of this meeting from my side was to talk story with Mike so he could have a better understanding of the industry. However once we had time to digest the new Draft GREAT-44, it became clear there was no longer an intent from Mr. Molina to work with us.
He is intent on shutting down the industry. An example of this, is a rule that calls for a 2hr window between guided groups, only operating from 9am to 1pm, which is absolutely written to put us out of business. In 2010 the council commissioned Kimura International to conduct a study. Part of their findings was that time and space was an important factor to ease traffic concerns. They recommended that 5 minutes between groups would have a 2 mile space and 10 minutes would create a 5 mile gap. This would work for the companies and not put anyone out of business. The other big takeaway from the study was to put in pullouts along the route, creating safe area's for the guided and self guided groups to pull over giving ample room for vehicular traffic to pass safely. This study was published in 2010. The county has not implemented any thing since to enhance safety along the route. Maui County will receive monies soon from the federal government for improvement of our Island's infrastructure. Maybe now is the time place this into the upcoming budget! Calling for an outright ban of self guided riders is unacceptable! The county has no hard data to support this position. Only that the Kula Association calls bike riders a "nuisance" . We have always been willing to sit with community leaders and or government officials to address safety concerns, however this new draft of a bill is not about safety. But it is about getting name recognition for a council member up for election who may have aspirations of moving up a floor in the county building. I OPPOSE THIS BILL!
Phil Feliciano
Owner of Cruiser Phil's Volcano Riders
1998-2018
Director of Operations,
Bike Maui 2018-Present
Aloha and thank you for the opportunity to voice my concerns over GREAT-44 which seeks to regulate and restrict the Haleakala Bike Tour business which has been around for 40 years. I OPPOSE this bill and ordinance.
I testify with two points of view. As a manager of one of the bike tour companies but also as a concerned long-time resident of Upcountry Maui.
I work for Haleakala Bike Company (HBC) dba Bike Maui. HBC gave me my first job after returning home to Maui from college. I’ve had the pleasure of working for this company for now 16 years, starting as tour guide, learning to be a bike mechanic, becoming proficient in the office workings and becoming a manager in this company I was able to gain a well-rounded understanding of the bike tour industry and its operations. My experience as a worker and leader in the industry as well as a resident of Upcountry has me very concerned over the details of GREAT-44.
My biggest concern with the ordinance lies in the fact that it has been constructed without a great understanding of the industry, it’s operations, and its current state.
No one from the county nor any community association has asked for a conversation with the industry leaders or the hardworking employees whose jobs are threatened by this ordinance. No one has asked the experts in biking, touring, and driving Haleakala for their input. Here are a few things that should have been considered had there been an effort to appropriately examine this industry:
First, the number of bikers and bike tours have been drastically reduced since it’s peek in the mid 2000’s, when concerns over the activity started. In 2005 Haleakala National Park limited companies to just 2 vehicles for Sunrise, an 80% reduction for some companies. In 2007 bike tours were suspended from the Park resulting in a 50% reduction in participants. In 2018 Haleakala National Park reduced access to the park to only 4 companies, down from 17. Only ONE of those companies were known as a bike tour operator. This resulted in 3 companies eventually shutting its doors. Cruiser Phil’s, Bike-it Maui, and Maui’s largest downhill tour company Maui Downhill. And most recently the covid-19 pandemic, the shutdown of local businesses, the deterrent of tourists, and the restriction of operations all led to even less participants overall. If the 2010 Kimura Bike Safety Study was used as a resource to determine the traffic and safety impacts of the tours, some of that date may be outdated irrelevant.
Second, there is no data that suggests one type of tour is better, safer, or less impeding than the other. Banning Self-guided (unguided) bike tours has no basis in fact or reason. There are pros and cons to both guided and self-guided, which is why Haleakala Bike Company offers both. For example, Self-guided participants come down at the riders own comfortable pace, and often come down in much smaller groups, making it easier for vehicles pass. If they are found riding “in the middle of the road” it is because the roadway is often the safest place for these licensed vehicles to travel. With a little patience, the bikers are advised to let traffic go by when safe to do so.
Third, regarding vehicle traffic and safety, this is an area that we hope to address with local residents. Bikers travel an average of 20-25mph down Haleakala. Posted speed limit along this route rarely goes over 30mph. I’ve heard arguments that the conditions are unsafe because drivers get impatient and pass when it’s not safe to do so. I’m sorry, that is not a biker problem. In that scenario the bikers are adhering to law and the vehicle the danger. Speeding and aggressive driving should be addressed for the safety of everyone on the road. Average speed of vehicles coming down Haleakala exceeds the speed limit in every area. We do not intend to impede traffic at all, however if all parties follow posted speed limits and display a bit of patience you will find it much bearable and the situation much safer.
Fourth, the bike industry has long been willing to work with the county and community on the concerns. I am a member of this community having grown up in Haiku, lived in Kula, and started my family in Makawao, I am very well aware of the bike tours and their use of the roadway. But having worked for one of those tours, I know that we have taken great strides and made countless efforts to address the concerns of the community. Things like mandatory stops and pull offs, later launch times, and specific instructions to guests to not only be aware of local traffic but have respect for the local communities as they enjoy their adventure. We’ve offered our rides for free to any interested parties, kamaaina, or officials that wish to see how we operate. In addition to what we already do, the industry has also expressed interest in working with the county to build pull-outs that we would gladly use, a recommendation given in the 2010 Kimura bike study, which was conducted when the industry was at least twice the size it is now and those that conducted the study deemed the ride relatively safe after experiencing it for themselves.
Fifth, our customers are the communities' customers. The positive influence on our guests goes beyond just the bike experience. Not only do the bike tours offer an opportunity to diversify tourism and bring visitors to rural Maui, but when they visit they spend! Both the self-guided and guided bikers will often stop and eat at Kula Lodge. They will grab some fruit from the local fruit stands along the route. They grab some donuts on a stick at Komodas, and even take a browse around the shops in Makawao, Paia, and Haiku. As part of our interpretive services, we share so much about the local history and culture, and invite them to experience it for themselves, and to support these communities.
Sixth, our valued team members are local residents too. They have voices, they have input. Though the issue is brought up by residents, it affects the residents in our business as well. We are not big companies, we don’t have lobbyist or support groups, we just have our families. I have a family of 6, my kids have all gone to Haiku School. I’m a King Kekaulike graduate. I’m just one of hundreds who not only rely on this job to support their families but have grown to appreciate their career in the industry. These are small, locally own and operated businesses, that are now threatened by this ordinance. These businesses and families have gone through a lot recently with their work being eliminate, suspended, or restricted due to the Covid-19 pandemic and resulting shutdown and restrictions. Do we really want to put more local workers out of a job?
This ordinance wants to present solutions to a perceived problem, however it fails to do so. The basis and reasoning behind it is flawed and the information and resources that back it incomplete or one-sided. The above discussed items are just a few of many that need to be considered before allowing a destructive bill like this to be passed. I could go on and on about what is missed by just observing from afar rather than understanding it first hand. We had hoped that the conversation with the affected parties would take place before it was written, but here we are testifying as to why it shouldn’t pass, pleading not to take away something that is good for local business, but essential to many local families.
For these reasons I strongly oppose GREAT-44 and recommend everyone should. These concerns can be addressed and discussed without drastically affecting small business and their hard-working local employees.
Mahalo,
Lewis Upfold
COO – Haleakala Bike Company
Haiku Resident
Some simple questions: how many vehicle vs. vehicle collisions have occured as a result of mspeeddists avoiding bikers? How many vehicle accidents have occured because of speed? Why are there 6 speed bumps on Hanamu? How many motorists observe posted speed limits? How are bike activities the problem?
Aloha Honorable Councilmembers,
I am writing to let you know that I oppose GREAT - 44 for many reasons. I am a hard working single dad and this proposed ordinance will eliminate my career and my ability to provide for my family as well as hundreds of other residents who rely upon this long established Maui visitor industry activity to survive.
As a former graduate and current advisory board member for UHMC’s Hospitality and Tourism (HOST) program, I am strongly opposed to this ordinance as it is clearly ANTI-TOURISM. It is so sad to see all of the hard work which UHMC puts into promoting tourism as a viable career choice via the HOST program only to have the County Council propose such an ANTI-TOURISM ordinance. This sends a strong message to high school students, and others, contemplating attending UHMC that Maui County is not tourism friendly and that it might not be a good career choice going forward.
This proposed ordinance is clearly not about Safety, but rather about trying to appease a small but very vocal group of Kula residents, aka the Kula Community Association. If safety were actually a priority, then Mr. Molina would be introducing an ordinance which would help prevent the huge number of visitor drownings which occur every year in Maui waters. Look at the data! Bicycle deaths on Maui are extremely low compared to drownings and motor vehicle accidents.
And speaking of motor vehicles. Let’s look realistically, if anyone does that anymore, at what the root cause is which compels Kula residents to complain about the bikers. Bikers ride at or below the speed limit averaging between 20-30 mph. The fastest posted speed limit along their route is 30 mph. If drivers actually drove the speed limit, there would not be an issue, correct? The reality is that the vast majority of Upcountry drivers speed and get really frustrated when they are forced to drive within the posted speed limit for a few minutes until the bikers can safely pull over and let them by. The comprehensive Bike Tour Study published in 2010 stated this multiple times, yet it seems as if Mr. Molina would rather turn a blind eye to reality and instead propose an ordinance that doesn’t address the root cause, impatient drivers who speed. What’s even more concerning is the fact that Mr. Molina did not even consult with the bike industry leaders before drafting and proposing this ordinance. Shocking, but true!
The Haleakala Downhill Bike Industry provides careers to literally hundreds of residents on Maui, most whom are themselves Upcountry locals. Now let’s consider the ripple-effect of such an ordinance. Jobs will be lost from so many other businesses as well. How will this impact Destination Management Companies who book these tours for their corporate groups coming to Maui? How will this impact the local Activity Sellers who rely upon the bike tours for the a substantial portion of their income? How will this impact the local Concierges who also rely upon the bike tours for a substantial portion of their income and commissions? How will this impact the local small businesses in Kula, Makawao, Pa’ia, and Haiku which the bikers help to support? If this ordinance is passed, will there be a compensation fund set up for those whose careers were stripped away from them by the County of Maui, similar to HC&S workers? This proposed ordinance is clearly ANTI-SMALL BUSINESS!
The negative impacts from this proposed ordinance are long reaching and it is my opinion that they should be carefully considered before making any decisions.
Mahalo for your time and consideration!
Aloha, Government Relations, Ethics and Transparency Committee
First I want to say that this would be disappointing thousands of tourist that come to Maui to watch the sunrise over Haleakala. There many of families that depend on the bike companies to provide for their family. I have been behind the bikers many times and they are very aware of the cars behind them and pull over the first chance that a safe place comes up to do so. From what is have witnessed is the cars coming down the mountain are more bothered by the fact that they have to slow down and do the speed limit for the short time till they pull over. The drivers of the cars are the problem not the bikers. This is AMERCIA land of the FREE. The bikers and the bike companies have the right to be doing what they are doing. We live on this beautiful Island and we rely on our tourist to provide for our families. This would displace workers and their family's and hundreds of children domed to live on the beach like so many of our local families are living today. I strongly oppose this. I believe that is nothing but a political stunt by Mike Molina to win the votes in upcountry when he runs for Mayor for the county of Maui. The Sunrise Bike tours are the most popular attraction on Maui literally thousands of people come to this Island to do the Sunrise Bike Tour. PLEASE SAVE RESIDENT'S JOBS...NOT DESTROY THEM!!!
My Name is John I have live on our Island for forty two years and back in the early 80's when the bike tours started with Bob they use to come in the restraint I worked in to have brunch at Dillon's where I was a waiter and they were so excited about the bike ride. The exactment has only gotten stronger. The deportment for the tourist would have a very negative view on our council members. And the effect on the family's would be devastating. We have a hard time supporting our family's as it is. DON'T DO THIS TO THE PEOPLE
Please do not shut down the Maui bicycle industry. It is a visitor favorite and brings needed tourism dollars to upcountry businesses and families.
At this time we should be expanding businesses and opportunities for tourism not limiting them.
Please do not allow the interests of a minority of individuals (drivers inconvenienced by bicyclists) decimate an industry that has served visitors and local businesses for over 40 years.
Please oppose the restriction/elimination of Haleakala bicycle tours.
Thank You.
Cecilia Ortiz
Haiku resident