In crowded downtown Ho-nolulu, mopeds can be a cheap way to get around for students and office workers as gas prices continue to rise. But riders say unclear laws have created an unexpected parking problem because it's hard to tell what's legal and what isn't.

Laura Sturges works downtown and routinely locks her moped to a bicycle rack on Merchant Street. Recently she was hit with a $35 ticket for parking a vehicle on the sidewalk. After doing some research, Sturges decided to challenge the ticket in court.

"The judge said according to the law, the ticket would stand, but because I had a clean driving record, he threw the case out," Sturges said.

Sturges said parking in a metered stall may be legal, but it is impractical because there is no way to lock the moped to a fixed object.

"With mopeds you have to attach it to something," she said. "I've already had two mopeds stolen from me because it wasn't attached."

So many people have called police with questions about parking and safety regulations, including how many people can legally ride on a moped (the answer is one) that the department has plans to add a new page to its Web site to address moped regulations.

"The bottom line is the only legal place to put a moped is in a marked parking stall," said Honolulu Police Department Sgt. William Axt. "It comes down to the definition of a motor vehicle and the (law) contradicts itself."

Axt said one section of the law says a moped is not a motor vehicle, but the motor vehicle section includes mopeds. At the discretion of officers, tickets can be issued for mopeds parked on the sidewalk or if attached to a bicycle rack, Axt said.

"You have to have a driver's license to drive a moped, but it falls under the same registration as a bicycle," he said. "That is why people feel they can park it in a bike rack."

Police could not immediately provide the number of moped parking tickets that have been issued or the number of mopeds stolen.

Where to park mopeds is a particular problem at Hawai'i Pacific University, which has part of its campus on Fort Street Mall. Students park their mopeds in bike racks, on sidewalks and sometimes on the mall. Last year, the Fire Department reported that it couldn't use the fire lane on the mall because mopeds blocked the way. As a result, police have been monitoring parking and have issued tickets for mopeds parked on the mall. Police patrolling the area last week did not ticket mopeds locked to bicycle racks on the sidewalk.

Rick Stepien, HPU vice president of administration, said the university has been looking for alternative parking for students with mopeds, but has not found an appropriate space.

"Parking is (at) such a premium here. We just keep stressing to the students the fact that they have to abide by the statutes otherwise they are going to have to keep paying unnecessary fines," Stepien said.

HPU student Tony Brancato, 19, parks his moped along Chaplain Lane, where a bicycle rack stretches for about half the block. Police allow mopeds to lock up to the rack, but it is often full. Mopeds parked beyond the rack on either end are being ticketed by police and motorcycles have been towed away.

"We need a specific place for us to park," said Brancato, who has avoided being ticketed so far. "At first there weren't so many mopeds here, but as (the semester) has gone on there are more and more. I could probably get a car, but I couldn't afford parking."

Axt said HPU students are doing the community a service by riding mopeds because they don't take up as much parking space.

"I don't see that it is that big of a deal to park on the sidewalk, but when someone makes a complaint, we cannot look the other way," Axt said. "When we enforce for one, we have to enforce for all."

Fort Street Mall is owned by the city and operated under rules similar to a public park — no alcohol, no pets, no bicycling, camping, littering, skateboarding or feeding the birds. No vehicles, including mopeds, are allowed without permits. The mall is closed from 10 p.m. to 5 a.m. daily.

Downtown Neighborhood Board member Dolores Mollring said two existing parking lots on Beretania Street soon will be eliminated as projects begin construction and the board has asked the city to look into providing moped parking in the area.

"More and more people, including business people, are investing in mopeds because they can get 40 to 60 miles per gallon of gas," Mollring said. "Are these people supposed to pick up their mopeds and take them to class with them or by their desk or in their office? I'd like to see the laws changed to allow them to park on the sidewalk as long as they don't block access or pedestrians."

Reach James Gonser at jgonser@honoluluadvertiser.com.