HOUSE BILL REPORT

SHB 1328

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

February 26, 2011

Title: An act relating to the operation of motorcycles in connection with a parade or public demonstration.

Brief Description: Temporarily suspending certain motorcycle rules when operating in parades or public demonstrations.

Sponsors: House Committee on Transportation (originally sponsored by Representatives Van De Wege, DeBolt, Blake, Klippert, Hinkle, Ross, Hasegawa, Kirby, Billig, Liias, Takko, Stanford, Finn, Alexander, Short, Angel, Dammeier, Zeiger, Upthegrove, Tharinger, Green, Kelley, Hurst, McCune, Kenney and Maxwell).

Brief History:

Committee Activity:

Transportation: 1/25/11, 1/27/11 [DPS].

Floor Activity:

Passed House: 2/26/11, 95-2.

Brief Summary of Substitute Bill

  • Suspends temporarily certain provisions related to motorcycle equipment standards and helmet use with respect to the operation of motorcycles on closed roads during a parade or public demonstration that has been permitted by a local jurisdiction.

HOUSE COMMITTEE ON TRANSPORTATION

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 26 members: Representatives Clibborn, Chair; Billig, Vice Chair; Liias, Vice Chair; Armstrong, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Angel, Asay, Eddy, Finn, Jinkins, Johnson, Klippert, Kristiansen, McCune, Moeller, Morris, Moscoso, Overstreet, Reykdal, Rivers, Rodne, Ryu, Shea, Takko, Upthegrove and Zeiger.

Minority Report: Do not pass. Signed by 1 member: Representative Ladenburg.

Staff: Wendy Malkin (786-7114).

Background:

The Chief of the Washington State Patrol (WSP) may temporarily suspend the following provisions with respect to the operation of motorcycles in connection with a parade or public demonstration:

Summary of Substitute Bill:

Certain provisions related to motorcycle equipment standards and helmet use are temporarily suspended with respect to the operation of motorcycles on closed roads during a parade or public demonstration that has been permitted by a local jurisdiction.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) When a local jurisdiction grants permission for a parade, there is already permission for the participants to use vehicles that do not comply with safety standards. Motorcycle operators should be treated the same as people using floats and cars in parades. Motorcyclists should not have to get permission twice, once through the permit granted for the parade and once from the Chief of the WSP or chief of police. In the past, a few local jurisdictions have told motorcyclists participating in parades that it is okay with the local jurisdiction for the riders to not wear helmets, but motorcyclists do not want to break the law. They would prefer to work with the local jurisdiction, especially because the WSP has said it will never grant permission to violate safety and equipment standards. The language being added to Senate Bill 5185 is language they agree with. It adds that the safety and equipment standards for motorcycles are suspended in connection with a parade or demonstration that is properly authorized and takes place on a closed road.

(In support with suggestions) When a road is closed for a parade, traffic infractions are generally not enforced on the road. While the WSP will never say it is okay to not wear helmets, if the requirements are suspended, it should be done only when a local jurisdiction closes the road under a parade permit. The WSP will never grant permission to suspend safety and equipment standards for motorcycles because they do not want the liability.

(Opposed) None.

Persons Testifying: (In support) Larry Walker, Washington Road Rider's Association; and Darcy Mugartegui and Mick Gillispie, Abate of Washington.

(In support with suggestions) Jason Berry, Washington State Patrol.

Persons Signed In To Testify But Not Testifying: None.