J.R. Calderon, a 22-month-old Pearl City boy, was struck by a Segway while walking with his parents on the sidewalk near the Hilton Hawaiian Village Waikiki Beach Resort.
The Sept. 1 accident scared the family and ended their plans for a Labor Day weekend swim.
"It hit his leg," said Jennifer Calderon, J.R.’s mother. "He was rushed to the hospital by ambulance, crying all the way. The whole time I’m thinking, ‘My God, what if they had run over his little neck or his tummy or chest?’"
While the tot came away with only bruising and a few red marks, news of the accident has reignited stalled efforts to ban Segways from Waikiki’s crowded sidewalks. In 2010, the state Legislature passed a bill giving the city the right to add the two-wheeled personal transportation devices to its list of sidewalk-banned vehicles, which includes bikes, skateboards and in-line skates.
The Waikiki Improvement Association, which represents 150 Waikiki businesses, and the Waikiki Neighborhood Board, which represents residents, lobbied to give the city that authority. Still, no action has been taken since May 2011, when a City Council proposal to ban Segways from city parks was deferred.
"This isn’t right," Calderon said. "I worry for other kids and families."
Rep. Tom Brower, who represents Waikiki, said he’s talked often about the need to regulate Segways and is frustrated by "inaction and favoritism."
"No one in government wants to be the bad guy or the disciplinarian," Brower said. "This is the lunacy that we are in. You cannot ride a bicycle on a Waikiki street, but you can ride what amounts to a motorized one. It was just a matter of time before someone got hurt."
Honolulu Police Department spokeswoman Michelle Yu said Segway of Hawaii did not break any laws in the Calderon case.
"If the family pursues it, they would pursue it in civil court," Yu said.
Segways, which are not considered bikes or mo-peds under city laws, are governed by Hawaii Revised Statutes Section 291C-134.5, Yu said. The statute allows Segways on bicycle paths and sidewalks, at speeds no greater than 8 mph. Segway riders also must be at least 16.
THE SEGWAY DEBATE and lack of clarity concerning regulations is not unique to Hawaii. The Maryland-based U.S. Consumer Product Safety Commission puts Segways into the powered-scooter category, which includes motorized skateboards and bikes. "(A Segway) is considered a different product from a manual skateboard or a bicycle because of the fact that it is powered," said spokesman Carl Purvis.
In addition to the lack of regulatory agreement, people can’t seem to agree on whether Segways are good or bad for consumers. Controversy surged in 2010 after James Heselden, who owned the New Hampshire-based company that makes the devices, died after falling off a cliff on a Segway.
The day after Heselden’s death was reported, the Annals of Emergency Room Medicine published a study by researchers from the Department of Emergency Medicine at George Washington University. The study, which examined 41 serious injury cases involving Segways, concluded that "the severity of trauma" was "significant." Researchers urged further investigation into the risks of Segway use and the development of training guidelines.
Waikiki Neighborhood Board Chairman Bob Finley said the recent accident shows why the city needs to regulate Segways in Waikiki.
"We’re going to start pushing the issue again," he said.
Finley said he has received numerous Segway complaints. The city received 18 complaints from 2006 to 2011 about Segways in Waikiki and other populated areas, said city spokeswoman Louise Kim McCoy.
"HPD continues to monitor and enforce Segways," she said.
However, since HPD does not keep Segway statistics, officials could not provide the Star-Advertiser with the number of warnings, citations and collisons. Anecdotally, Yu said, police report that Segways have not been a problem in Waikiki. And officers have used Segways successfully on Chinatown patrols, she said.
Some Waikiki residents endorse Segways. Shawn Dohmen, who owns Isle Discount, raves about the one he bought six months ago.
"I think it would be a real headache if they banned them on Waikiki sidewalks," Dohmen said. "It would be really unfortunate if they did that over one accident. There are car accidents every day and we don’t ban cars. They should let the responsibility to drive safely fall on the owner."
Waikiki resident and Segway owner Pat Young said forcing riders to the street would be hazardous.
"I rode my bike in the street in Waikiki and almost got hit twice," Young said. She advocates alternatives such as further regulating speeds or setting up dedicated Segway and bike paths.
Overreaction would be disastrous for Segway of Hawaii’s business and for advancing green transportation and alternative transportation for disabled people, said owner Alan Rice, who disputes Calderon’s account of the accident.
"It’s really the parents’ fault," Rice said. "The young man ran forward and ran in front of the Segway, his foot hit the tire and he fell down and got skinned up. If the kid ran across the street and got hit by a car, it wouldn’t be the driver’s fault, either."
Rice and his wife, Jeanne, who co-owns the business that has operated in Waikiki for more than seven years, said they focus on safety.
"We don’t want people complaining or getting injured," he said.
Their son Ryan Rice, who was at the scene when J.R. Calderon got hit, said Segways have safety features that keep them stabilized, prevent them from exceeding maximum speeds, and cause them to retract if they hit an object.
"If you run over something, they won’t damage it," Rice said.
Company policy requires that all guests receive thorough training before getting on a Segway or taking a tour, where there are two guides for every three people, he said. "We won’t just rent to guests; they have to be part of a tour," Rice said.
Tour leaders and guests use bells to signal passing, Alan Rice said. Speeds for touring Segways are set at a maximum of 8 mph, he said.
Vancouver visitor Monita Kumar, who took a Segway tour on Friday, said the activity enhanced her trip.
"I would recommend it and I would go again," Kumar said. "It was easy to ride."
Still, Jerry Gibson, Hilton Hawaii area vice president and managing director for the Hilton Hawaiian Village, said the hotel does not allow Segways on the grounds.
"Segways are fun vehicles and they have good uses for security purpose," Gibson said. "But I think they should be regulated and in controlled areas so that when there are volumes of people around, they won’t pose a safety risk."
They can be dangerous in crowded areas, he said.
"If you are riding a Segway and come up behind a small child or adult, they cannot hear you," he said. "As (pedestrians) shift left or right on a whim, it’s very easy for a Segway to hit you by accident. They are large vehicles and can really hurt someone if they hit them."
Devices OK on sidewalks at a max speed of 8 mph
Hawaii Revised Statute (HRS) Section 291C-134.5 Electric personal assistive mobility devices; restrictions.
(a) Unless otherwise prohibited or regulated by a county ordinance, an electric personal assistive mobility device may be operated on sidewalks, at a speed no greater than 8 miles per hour, and bicycle paths of the state. The sale of consumer models of electric personal assistive mobility devices in the state shall be limited to those models operated by a key that can set the maximum forward speed at no more than 8 miles per hour.
(b) An electric personal assistive mobility device operator shall be 16 years of age or older.
(c) An electric personal assistive mobility device operator on a sidewalk or bicycle path shall exercise due care to avoid colliding with, and shall yield the right-of-way to, persons traveling on foot and those using mobility aids.
(d) An electric personal assistive mobility device operator shall give an audible signal before overtaking and passing any pedestrian.
(e) An electric personal assistive mobility device operator shall wear or equip the electric personal assistive mobility device with reflectors and a headlamp when operating between one-half hour after sunset and one-half hour before sunrise.
(f) Any operator who operates an electric personal assistive mobility device recklessly in disregard for the safety of persons or property shall be assessed penalties as set forth in section 291C-161. [L 2003, c 180, §2; am L 2009, c 78, §1]
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