Effective Date of Rule: Thirty-one days after filing.

     Purpose: With the passage of HB [SHB] 1328, the legislature clarified when helmet requirements are temporarily suspended. Changes to chapter 204-53 WAC update the language to mirror language recently amended in RCW 46.61.613 and provide clean up to the existing language.

     Citation of Existing Rules Affected by this Order: Amending WAC 204-53-010.

     Statutory Authority for Adoption: RCW 46.37.005.

      Adopted under notice filed as WSR 11-23-133 on November 21, 2011.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 13, 2012.

John R. Batiste

Chief

OTS-4364.1

AMENDATORY SECTION(Amending Order 90-004, filed 2/11/91, effective 3/14/91)

WAC 204-53-010   Helmet exemption -- Antique motor-driven cycle.   ((As provided by RCW 46.37.530 (1)(c), a person operating or riding upon an antique motor-driven cycle is not required to use a protective helmet.)) As the term is used in RCW 46.37.530 (1)(c) and this section, an antique motor-driven cycle is a motor-driven cycle not less than forty years old which has been restored to its original condition and which is being ridden ((to or from or otherwise in conjunction with an antique or classic motorcycle contest, show, or other such assemblage)) on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction. Further, an antique motor-driven cycle ((shall)) will not be powered by a motor which produces more than five brake horsepower as defined in RCW 46.04.332.

[Statutory Authority: RCW 46.37.530(2). 91-05-019 (Order 90-004), § 204-53-010, filed 2/11/91, effective 3/14/91.]

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