FINAL BILL REPORT

SHB 1116

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.

C 65 L 19

Synopsis as Enacted

Brief Description: Addressing motorcycle safety.

Sponsors: House Committee on Transportation (originally sponsored by Representatives Lovick and Ryu; by request of Department of Licensing and Washington Traffic Safety Commission).

House Committee on Transportation

Senate Committee on Transportation

Background:

Motorcycle Skills Education Courses.

To legally operate a two- or three-wheeled motorcycle or motor scooter on public highways, a person must have a valid motorcycle endorsement on his or her driver's license. To obtain an endorsement, a person must either take an examination or complete a motorcycle training and education program that consists of separate novice and advanced motorcycle skills education courses that are each a minimum of eight hours and no more than 16 hours. These programs may be administered by public or private entities operating under contracts with the Department of Licensing (DOL).

The DOL may enter into agreements to review and certify that a private motorcycle skills education course meets educational standards of the motorcycle skills education program. Any agreement the DOL enters into must allow for the DOL to conduct periodic audits to ensure that the course continues to meet these educational standards. The costs of review, certification, and any audit must be paid by the entity providing the education course.

The cost of DOL-subsidized motorcycle skills education programs may not exceed $50 for Washington residents who are under the age of 18 years and $125 for other Washington residents and members of the military stationed in Washington.

The DOL must enter into an agreement with private entities that meet standards equivalent to those met by the DOL's motorcycle skills education program. The DOL must review and certify that the training program curriculum meets these standards. The DOL must allow private motorcycle skills education DOL-unsubsidized program providers to charge students the full cost of the education program.

The DOL may conduct periodic audits of certified private programs of DOL-unsubsidized programs to ensure that the program continues to meet these educational standards. The costs of review, certification, and any audit must be paid by the private programs.

Motorcycle Instruction Permits and Examinations.

A person who holds a valid driver's license may apply for a motorcycle instruction permit, which the DOL may issue after the applicant has successfully passed all parts of the motorcycle examination other than the skills (driving) test. A driver with a motorcyclist's instruction permit may not carry passengers and may not operate a motorcycle when it is dark outside.

A motorcycle permit is valid for 90 days. During a five-year period, the DOL may issue two 90-day permits to an applicant, and may issue a third if presented with documented evidence that the applicant is enrolled in a DOL or DOL-authorized motorcycle skills education program with an expiration prior to the start date of the third permit.

Driving without a Motorcycle Endorsement.

The monetary base penalty for driving a motorcycle or motor scooter without a motorcycle endorsement is $48, as set by Washington State Supreme Court rule, and the total amount due is $136 when additional fees and assessments are included.

Summary:

Motorcycle Skills Education Courses.

Motorcycle skills education courses delivered as part of DOL motorcycle operator training education programs may exceed 16 hours in length. The limitations on the charge for state residents and military personnel for subsidized courses are removed. Motorcycle operator training education programs are no longer required to be responsible for the costs of a program audit by the DOL.

The DOL must adopt rules to establish a motorcycle operator subsidy program, which may address testing costs, offer financial need-based subsidies for motorcycle training, and employ other strategies to improve access to motorcycle ridership.

Motorcycle Instruction Permits and Examinations.

A motorcycle instruction permit is valid for 180 days. A total of two permits may be issued to an applicant in a five-year period. The DOL may require that both knowledge (written) and skills (driving) examinations be completed by a motorcycle instruction permit applicant in order for the applicant to obtain a permit.

There must be separate knowledge and skills examinations administered for two-wheeled and three-wheeled motorcycle instruction permits. The DOL may authorize entities that have entered into a contract with the DOL to provide courses under the DOL's motorcycle operating training education program to administer motorcycle instruction permit examinations.

The DOL may waive the requirement that a skills test be completed to obtain a motorcycle permit for a motorcyclist who fails the motorcycle endorsement skills test if the motorcyclist demonstrates a level of riding skill consistent with that required to obtain a motorcycle permit during the endorsement skills test.

The DOL may adopt and enforce rules consistent with laws related to motorcycle permit issuance and knowledge and skills examination administration.

Driving without a Motorcycle Endorsement.

An additional penalty of $250 for driving without a driver's license with a valid motorcycle endorsement is instituted. The total amount due with fees and assessments included is $386.

Intent Section.

An intent section states that the aim of this legislation is to move the state closer to its Target Zero goal by improving public safety.

Votes on Final Passage:

House

72

25

Senate

38

5

Effective:

January 1, 2020