H-1014              _______________________________________________

                                                    HOUSE BILL NO. 571

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Bristow, Hargrove, C. Smith, Walk, Doty and Baugher

Read first time 2/6/85 and referred to Committee on Transportation.

AN ACT Relating to wheelchair conveyance; and amending RCW 46.04.710, 46.20.550, and 46.61.730.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 200, Laws of 1983 and RCW 46.04.710 are each amended to read as follows:

          "Wheelchair conveyance" means any vehicle specially manufactured or designed for the transportation of a ((physically or medically impaired wheelchair-bound)) person with impaired use of the lower extremities.  The vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the impaired person while occupying a wheelchair.  The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a speed range established by the commission on equipment.  The commission may approve and define as a wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do meet these specific criteria.

        Sec. 2.  Section 3, chapter 200, Laws of 1983 and RCW 46.20.550 are each amended to read as follows:

          Each operator of a wheelchair conveyance shall submit satisfactory proof to the director that he or she has impaired use of the lower extremities and shall, in addition, undergo a special examination conducted for the purpose of determining whether that person can properly and safely operate the conveyance on public roadways within a specified area.  An operator's license issued after the special examination may specify the route, area, time, or other restrictions that are necessary to ensure the safety of the operator as well as the general motoring public.  The department shall adopt rules for periodic review of the performance of operators of wheelchair conveyances.  Operation of a wheelchair conveyance in violation of these rules is a traffic infraction.

        Sec. 3.  Section 5, chapter 200, Laws of 1983 and RCW 46.61.730 are each amended to read as follows:

          (1) No person may operate a wheelchair conveyance on any public roadway with a posted speed limit in excess of thirty-five miles per hour.

          (2) No person other than a ((wheelchair-bound)) person with impaired use of the lower extremities may operate a wheelchair conveyance on a public roadway.

          (3) Every ((wheelchair-bound)) eligible person operating a wheelchair conveyance upon a roadway is granted all the rights and is subject to all the duties applicable to the driver of a vehicle by this chapter, except those provisions that by their nature can have no application.

          (4) A violation of this section is a traffic infraction.