BILL REQ. #:  H-1345.1 

READ FIRST TIME 02/12/13.   

     AN ACT Relating to conversion kits on motorcycles; amending RCW 46.04.330 and 46.20.500; reenacting and amending RCW 46.81A.010; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that persons with disabilities, including many veterans, have a right to recreational enjoyment of the great outdoors. Washington state is known for its scenic beauty and abundant resources, which are frequently enjoyed by its residents. As such, it is the intent of the legislature to ensure that certain privileges, including the use of a motorcycle, extend to persons with disabilities whenever responsible accommodations can be made to fulfill the person's enjoyment of what the state has to offer in recreational enjoyment.

Sec. 2   RCW 46.04.330 and 2009 c 275 s 2 are each amended to read as follows:
     "Motorcycle" means a motor vehicle designed to travel on not more than three wheels ((in contact with the ground)), not including any stabilizing conversion kits, on which the driver:
     (1) Rides on a seat or saddle and the motor vehicle is designed to be steered with a handlebar; or
     (2) Rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts and the motor vehicle is designed to be steered with a steering wheel.
     "Motorcycle" excludes a farm tractor, a power wheelchair, an electric personal assistive mobility device, a motorized foot scooter, an electric-assisted bicycle, and a moped.

Sec. 3   RCW 46.20.500 and 2009 c 275 s 4 are each amended to read as follows:
     (1) No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles.
     (2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
     (3) No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle.
     (4) No driver's license is required to operate an electric personal assistive mobility device or a power wheelchair.
     (5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol.
     (6) A person holding a valid driver's license may operate a motorcycle as defined under RCW 46.04.330(2) without a motorcycle endorsement.
     (7) A person operating a motorcycle with a stabilizing conversion kit must have a valid driver's license specially endorsed by the director for a three-wheeled motorcycle to enable the holder to operate such a motorcycle.

Sec. 4   RCW 46.81A.010 and 2003 c 353 s 11 and 2003 c 41 s 4 are each reenacted and amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Motorcycle skills education program" means a motorcycle rider skills training program to be administered by the department.
     (2) "Department" means the department of licensing.
     (3) "Director" means the director of licensing.
     (4) "Motorcycle" ((means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handlebar, but excluding farm tractors, electric personal assistive mobility devices, mopeds, motorized foot scooters, motorized bicycles,)) has the same meaning as provided in RCW 46.04.330 and excludes off-road motorcycles.