H-4071.1 _______________________________________________
HOUSE BILL 2863
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Wilson, Fuhrman, Hochstatter, Jones and Dorn
Read first time 01/29/92. Referred to Committee on Transportation.
AN ACT Relating to motorcycles; amending RCW 46.04.304, 46.04.330, 46.04.332, 46.37.522, 46.37.523, 46.37.525, 46.37.527, 46.37.528, 46.37.537, 46.61.611, 46.20.500, 46.61.710, 46.61.608, 46.61.610, 46.61.612, 46.61.613, 46.61.614, 46.20.505, 46.20.510, 46.20.515, 46.20.100, 46.20.220, 43.59.010, 43.59.040, and 46.81A.020; adding new sections to chapter 46.92 RCW; adding a new section to chapter 46.04 RCW; adding a new section to chapter 43.70 RCW; adding a new section to chapter 19.60 RCW; recodifying RCW 46.37.522, 46.37.523, 46.37.525, 46.37.527, 46.37.528, 46.37.537, 46.61.611, 46.20.500, 46.61.710, 46.61.608, 46.61.610, 46.61.612, 46.61.613, 46.61.614, 46.20.505, 46.20.510, and 46.20.515; repealing RCW 46.16.630, 46.20.520, 46.37.524, 46.37.529, 46.37.530, 46.61.460, 46.61.720, and 46.68.065; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. Sections 2, 12 through 19, 21 through 24, 28, 29, 32, 38, and 40 through 43 of this act constitute new sections under a new chapter, 46.92 RCW, entitled "motorcycles." RCW 46.37.522, 46.37.523, 46.37.525, 46.37.527, 46.37.528, 46.37.537, 46.61.611, 46.20.500, 46.61.710, 46.61.608, 46.61.610, 46.61.612, 46.61.613, 46.61.614, 46.20.505, 46.20.510, and 46.20.515, as amended by this act or any other act of this legislature, are each recodified as sections in chapter 46.92 RCW. The code reviser may correct references to these sections.
NEW SECTION. Sec. 2. A new section is added to chapter 46.92 RCW to read as follows:
It is the policy of the state of Washington to:
(1) Maintain a traffic environment sufficiently safe for persons who choose to travel by motorcycle in traffic on public streets, county roads, and state highways; and
(2) Deny the privilege of operating motorcycles on those roadways to persons who by their conduct and traffic record have demonstrated indifference for common traffic rules and disrespect for the traffic laws of the state, the orders of courts, and the statutorily required acts of administrative agencies; and
(3) Discourage repetition of unlawful acts by individual motorcyclists by imposing fines or the deprivation of the privilege to operate motorcycles upon offenders who have been convicted of violations.
Sec. 3. RCW 46.04.304 and 1990 c 250 s 18 are each amended to read as follows:
"Moped"
means a motorized device designed to travel at less than highway speeds
with not more than three ((sixteen-inch or larger diameter)) wheels in
contact with the ground, having fully operative pedals for propulsion by human
power, and an electric or a liquid fuel motor with a cylinder displacement not
exceeding fifty cubic centimeters ((which produces no more than two gross
brake horsepower (developed by a prime mover, as measured by a brake applied to
the driving shaft) that is capable of propelling the device at not more than
thirty miles per hour on level ground.
The
Washington state patrol may approve of and define as a "moped" a
vehicle which fails to meet these specific criteria, but which is essentially
similar in performance and application to motorized devices which do meet these
specific criteria)).
Sec. 4. RCW 46.04.330 and 1990 c 250 s 20 are each amended to read as follows:
"Motorcycle"
means a two or three-wheeled motor-driven 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 handle bar, but excluding a farm tractor and a moped.
The
Washington state patrol may approve of and define as a "motorcycle" a
motor vehicle that fails to meet these specific criteria, but that is
essentially similar in performance and application to motor vehicles that do
meet these specific criteria)) licensed by the department for
use in traffic on city streets, county roads, and state highways.
"Motorcycle" includes mopeds, motor scooters, motor-assisted
bicycles, motor-driven cycles, antique motor-driven cycles, antique
motorcycles, street motorcycles, touring motorcycles, motorcycles equipped with
sidecars, motorized tricycles, automobiles modified to have three wheels,
motorcycles modified to have three wheels, antique motorcycles, customized
motorcycles, and home-built motorcycles. "Motorcycle" does not
include off-road motorcycles, motorized wheelchairs, motorized roller skates,
show motorcycles, racing motorcycles, minibikes, all-terrain vehicles, or other
motorized conveyances not licensed by the department for use in traffic.
Sec. 5. RCW 46.04.332 and 1979 ex.s. c 213 s 3 are each amended to read as follows:
"Motor-driven
cycle" means ((every motorcycle, including every motor scooter, with a
motor which produces not to exceed five brake horsepower (developed by a prime
mover, as measured by a brake applied to the driving shaft). A motor-driven
cycle does not include)) a motor-driven vehicle with two or more wheels,
designed to operate at less than highway speeds that is not a moped.
NEW SECTION. Sec. 6. A new section is added to chapter 46.04 RCW to read as follows:
"Off-road motorcycle" means a motorcycle not licensed for use in traffic.
Sec. 7. RCW 46.37.522 and 1977 ex.s. c 355 s 45 are each amended to read as follows:
Every
motorcycle ((and motor-driven cycle shall)) must have its head
lamps and tail lamps lighted whenever such vehicle is in motion upon a highway.
Sec. 8. RCW 46.37.523 and 1977 ex.s. c 355 s 46 are each amended to read as follows:
(1)
Every motorcycle ((and every motor-driven cycle shall)) must be
equipped with at least one head lamp which shall comply with the
requirements and limitations of this section.
(2)
Every head lamp upon every motorcycle ((and motor-driven cycle shall)) must
be located at a height of not more than fifty-four inches nor less than
twenty-four inches ((to be measured as set forth in RCW 46.37.030(2))).
(3) The
head lamp or head lamps upon every motorcycle ((other than a
motor-driven cycle shall be equipped with)) may be of the single-beam or
multiple-beam ((road-lighting equipment)) type.
(4) Such equipment shall:
(a) Have a sufficient intensity to reveal persons and vehicles at a distance of at least three hundred feet ahead when the uppermost distribution of light is selected;
(b) Reveal persons and vehicles at a distance of at least one hundred fifty feet ahead when the lowermost distribution of light is selected, or at least one hundred feet for single-beam lamps;
(c) Be aimed so that when the vehicle is loaded none of the high-intensity portion of light, at a distance of twenty-five feet ahead, projects higher than the level of the center of the lamp, and on a straight, level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
Sec. 9. RCW 46.37.525 and 1977 ex.s. c 355 s 48 are each amended to read as follows:
(1)
Every motorcycle ((and motor-driven cycle shall)) must have at
least one tail lamp ((which shall)) predominantly red or amber in
color. The tail lamp must be located so that it does not block or
interfere in any way with the operator's rear vision of traffic and at a
height of not ((more than seventy-two nor)) less than fifteen inches above
the road surface.
(2)
Either a tail lamp or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear ((registration)) license
plate and render it clearly legible from a distance of fifty feet to the rear.
Any tail lamp or tail lamps, together with any separate lamp or lamps for
illuminating the rear ((registration)) license plate, shall be so
wired as to be lighted whenever the head lamps or auxiliary driving lamps are
lighted.
(3)
Every motorcycle ((and motor-driven cycle shall)) must carry on
the rear, either as part of the tail lamp or separately, at least one red
reflector meeting the requirements of RCW 46.37.060.
(4)
Every motorcycle ((and motor-driven cycle shall)) must be
equipped with at least one stop lamp ((meeting the requirements of RCW
46.37.070)).
Sec. 10. RCW 46.37.527 and 1982 c 77 s 6 are each amended to read as follows:
((Every
motorcycle and motor-driven cycle must comply with the provisions of RCW
46.37.351, except that:))
(1)
Motorcycles ((and motor-driven cycles)) need not be equipped with
parking brakes((;)).
(2)
The wheel of a sidecar attached to a motorcycle ((or to a motor-driven
cycle,)) and the front wheel ((of a motor-driven cycle)) need not be
equipped with brakes, if such motorcycle ((or motor-driven cycle)) is
otherwise capable of complying with the braking performance requirements of RCW
46.37.528 ((and 46.37.529;
(3)
Motorcycles shall be equipped with brakes operating on both the front and rear
wheels unless the vehicle was originally manufactured without both front and
rear brakes: PROVIDED, That a front brake shall not be required on any
motorcycle over twenty-five years old which was originally manufactured without
a front brake and which has been restored to its original condition and is
being ridden to or from or otherwise in conjunction with an antique or classic
motorcycle contest, show or other such assemblage: PROVIDED FURTHER, That no
front brake shall be required on any motorcycle manufactured prior to January
1, 1931)).
Sec. 11. RCW 46.37.528 and 1977 ex.s. c 355 s 50 are each amended to read as follows:
Every
motorcycle ((and motor-driven cycle,)) at all times and under all
conditions of loading, upon application of the service brake, shall be capable
of((:
(1)
Developing a braking force that is not less than forty-three and one-half
percent of its gross weight;
(2)
Decelerating to a stop from not more than twenty miles per hour at not less
than fourteen feet per second per second; and
(3))) stopping
from a speed of twenty miles per hour in not more than thirty feet, such
distance to be measured from the point at which movement of the service brake
pedal or control begins. Tests for deceleration and stopping distance shall be
made on a substantially level (not to exceed plus or minus one percent grade),
dry, smooth, hard surface that is free from loose material.
NEW SECTION. Sec. 12. A new section is added to chapter 46.92 RCW to read as follows:
(1) The state patrol may inspect the braking system on a motorcycle and disapprove a braking system found to not comply with the performance ability standard in RCW 46.37.528.
(2) The director may refuse to register or may suspend or revoke the registration of a motorcycle if the state patrol determines by a reliable test that the braking system does not comply with RCW 46.37.528.
(3) No person may operate a motorcycle that the state patrol has tested and has found its braking system not to comply with RCW 46.37.528.
NEW SECTION. Sec. 13. A new section is added to chapter 46.92 RCW to read as follows:
A motorcyclist or a motorcycle passenger shall use either an electric or a hand signal to indicate a turn, and may use both. All hand traffic signals given by a motorcyclist shall be given from the left side of the motorcycle in the following manner, and the signals shall indicate as follows:
(1) Left turn--hand and arm extended horizontally;
(2) Right turn--hand and arm extended upward;
(3) Stop or decrease speed--hand and arm extended downward.
NEW SECTION. Sec. 14. A new section is added to chapter 46.92 RCW to read as follows:
It is unlawful to operate a motorcycle that is not equipped with one or more mirrors on the motorcycle that are so located as to give the driver a rear view of the highway for a distance of at least two hundred feet. However, mirrors are not required on motorcycles originally manufactured without mirrors.
NEW SECTION. Sec. 15. A new section is added to chapter 46.92 RCW to read as follows:
It is unlawful to operate a motorcycle that does not have a windshield unless the operator is wearing glasses, goggles, or a face shield of a type that gives eye protection from wind. Ordinary eyeglasses and ordinary sunglasses give adequate eye protection.
NEW SECTION. Sec. 16. A new section is added to chapter 46.92 RCW to read as follows:
It is unlawful for a person without a current motorcycle operator's endorsement to operate a motorcycle on a highway unless wearing upon his or her head a helmet of a type that meets the minimum impact reduction tests administered at least once per helmet type by the state patrol at a state patrol office. A passenger need not have a motorcycle operator's endorsement.
NEW SECTION. Sec. 17. A new section is added to chapter 46.92 RCW to read as follows:
It is unlawful to sell or offer for sale a motorcycle helmet that does not meet the minimum impact reduction tests administered at least once per helmet type by the state patrol at a state patrol office. No helmet of the "full-face," "full-coverage," or "rigid face bar" types may be sold without having a warning sticker attached that warns consumers of increased brain stem injuries associated with this helmet type.
NEW SECTION. Sec. 18. A new section is added to chapter 46.92 RCW to read as follows:
It is unlawful to transport a child under the age of five on a motorcycle except when accompanied by a parent or grandparent and the child is in a child passenger seat in a sidecar or on a three-wheeled motorcycle.
NEW SECTION. Sec. 19. A new section is added to chapter 46.92 RCW to read as follows:
The state patrol shall adopt rules establishing testing procedures to determine the minimum safety standards for motorcycle windshields, eye protection, sunglasses, goggles, face shields, and helmets. The state patrol shall conduct tests at least once for each equipment type at a state patrol office.
Sec. 20. RCW 46.37.537 and 1977 ex.s. c 355 s 52 are each amended to read as follows:
No
person shall modify the exhaust system of a motorcycle in a manner which will
amplify or increase the noise emitted by the engine of such vehicle above that
emitted by the muffler originally installed on the vehicle((, and it shall
be unlawful for any person to operate a motorcycle not equipped as required by
this section, or which has been amplified as prohibited by this section)).
NEW
SECTION. Sec. 21. A new
section is added to chapter 46.92 RCW to read as follows:
(1)
A motorcycle, when operated on a highway, must be equipped with a muffler in
operation to prevent excessively loud engine noise. A motorcycle engine, at
idle, shall not produce noise levels exceeding the engine noise levels allowed
for commercial trucks, at idle.
(2)
It is unlawful to operate a motorcycle on a highway with a muffler cut‑out,
bypass, or similar device that creates a constant and excessively loud noise.
NEW
SECTION. Sec. 22. A new
section is added to chapter 46.92 RCW to read as follows:
It
is unlawful for a motorcycle engine to discharge into the atmosphere a visible
air contaminant after the engine has reached its normal operating temperature.
It is unlawful for a motorcycle to emit a visible air contaminant while
operating at traffic speeds.
NEW
SECTION. Sec. 23. A new
section is added to chapter 46.92 RCW to read as follows:
(1)
It is unlawful to operate a motorcycle on a highway unless it is fully equipped
with pneumatic rubber tires that meet federal standards, and are installed and
used in accordance with the manufacturer's instructions.
(2)
No tire on a motorcycle moved on a highway may have on its periphery a block,
flange, cleat, or spike or any other protuberance of a material other than
rubber that will injure the highway, except that it is permissible to use tire
chains or metal studs imbedded within the tire of reasonable proportions and of
a type required for safety because of snow, ice, or other conditions tending to
cause a motorcycle to skid. It is unlawful to use metal studs imbedded within
the tire between April 1st and November 1st. The state department of
transportation may, from time to time, determine additional periods in which
the use of tires with metal studs is lawful.
(3)
It is unlawful to use motorcycle tires that bear a legend such as "not for
highway use" or "for racing purposes only" on a highway.
NEW
SECTION. Sec. 24. A new
section is added to chapter 46.92 RCW to read as follows:
It
is unlawful to ride a motorcycle unless all tires are lawful under this
section. A motorcycle tire is unlawful if it has:
(1)
A ply or cord exposed either to the naked eye or when cuts or abrasions on the
tire are probed; or
(2)
A bump, bulge, or knot affecting the tire structure; or
(3)
A break repaired with a boot; or
(4)
A tread depth of less than 1/32 of an inch measured in the center tread groove,
or a tread groove nearest to center, at three locations equally spaced around
the circumference of the tire.
Sec.
25. RCW
46.61.611 and 1967 c 232 s 6 are each amended to read as follows:
No
person shall operate on a public highway a motorcycle in which the handlebars
((or grips are more than fifteen inches higher than the seat or saddle for the
operator)) cannot be easily reached and easily controlled with
both hands attached to both grips throughout the full range of front wheel
movement when the rider is comfortably seated in the rider's permanent seat.
NEW SECTION. Sec. 26. A new section is added to chapter 46.92 RCW to read as follows:
Under any load, the frame of a motorcycle must not hang below a horizontal line connecting the lowest point of the front and rear wheel rims.
NEW SECTION. Sec. 27. A new section is added to chapter 46.92 RCW to read as follows:
(1) It is unlawful to ride a motorcycle equipped with a television viewer, screen, or other means of visually receiving a television broadcast that is so located to be visible to the rider while operating a motorcycle.
(2) It is lawful to ride a motorcycle while listening to a radio or intercom with or without a headset or earphones.
Sec. 28. RCW 46.20.500 and 1982 c 77 s 1 are each amended to read as follows:
No
person may ((drive)) operate a motorcycle ((or a motor-driven
cycle unless such)) unless the person has a valid driver's license
specially endorsed by the director to enable the holder to ((drive such
vehicles, nor may a person drive a motorcycle of a larger engine displacement
than that authorized by such special endorsement or by an instruction permit
for such category: PROVIDED, That any 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)) operate a motorcycle.
Sec. 29. RCW 46.61.710 and 1979 ex.s. c 213 s 8 are each amended to read as follows:
(1) ((No
person shall)) It is lawful to operate a moped or motor-driven cycle on
a city street or county road, but it is unlawful to operate a moped ((upon
the highways of this)) or motor-driven cycle on a state ((unless
the moped has been assigned a moped registration number and displays a moped
permit in accordance with the provisions of RCW 46.16.630)) highway.
(2) Notwithstanding any other provision of law, the motor of a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
(3)
Operation of a moped ((on a fully controlled limited access highway)) or
a motor-driven cycle on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution control device from a moped or motor-driven cycle is unlawful.
(5) The owner of a moped or motor-driven cycle shall apply for registration to the department in a manner and upon forms as the department prescribes for motorcycles, and shall state the name and address of each owner to be registered, the vehicle identification number, and other information that the department may require for motorcycles. The applications, license requirements, and fees for mopeds and motor-driven cycles must be the same as for motorcycles.
Sec. 30. RCW 46.61.608 and 1975 c 62 s 46 are each amended to read as follows:
(1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
(2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(((5)
Subsections (2) and (3) of this section shall not apply to police officers in
the performance of their official duties.))
Sec. 31. RCW 46.61.610 and 1975 c 62 s 37 are each amended to read as follows:
A
person operating a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and such operator shall not carry any other person nor
shall any other person ride on a motorcycle unless such motorcycle is designed
to carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons, or upon another seat
firmly attached to the motorcycle at the rear or side of the operator((:
PROVIDED, HOWEVER, That the motorcycle must contain foot pegs, of a type
approved by the equipment commission, for each person such motorcycle is
designed to carry)).
NEW SECTION. Sec. 32. A new section is added to chapter 46.92 RCW to read as follows:
(1) Motorcycles must be equipped with sturdy foot rests attached to the motorcycle frame serving both operator and passenger.
(2) It is unlawful to ride upon a motorcycle as an operator or as a passenger unless both feet remain in contact with foot rests while the motorcycle is in motion.
(3) Persons without feet are exempt from the requirement of this section.
Sec. 33. RCW 46.61.612 and 1967 c 232 s 7 are each amended to read as follows:
No
person ((shall)) may operate or ride as a passenger on a
motorcycle in a position where both feet are placed on the same side of the
motorcycle.
Sec. 34. RCW 46.61.613 and 1967 c 232 s 8 are each amended to read as follows:
((The
provisions of RCW 46.37.530 and 46.61.610 through 46.61.612 may be)) This
chapter is temporarily suspended ((by the chief of the Washington state
patrol, or his designee,)) with respect to the operation of motorcycles ((within
their respective jurisdictions)) in connection with a parade or public
demonstration exhibiting motorcycle drills.
Sec. 35. RCW 46.61.614 and 1975 c 62 s 47 are each amended to read as follows:
((No
person riding upon a motorcycle shall attach himself or the)) It is
unlawful to attach a motorcycle to any other vehicle on a ((roadway))
highway, and no motorcycle operator or passenger may cling to any other
vehicle on a highway.
Sec. 36. RCW 46.20.505 and 1989 c 203 s 2 are each amended to read as follows:
Every
person applying for a special endorsement ((or a new category of endorsement))
of a driver's license authorizing such person to drive a motorcycle ((or a
motor-driven cycle)) shall pay an examination fee of two dollars,
which is not refundable. In addition, the endorsement fee ((for the initial
or new category motorcycle endorsement shall be six dollars and the subsequent
renewal endorsement fee shall be)) is seven dollars and fifty
cents. The fee for a life-time motorcycle endorsement is fifty dollars.
The ((initial or new category and renewal endorsement)) fees shall be
deposited in the ((motorcycle safety education account of the highway safety
fund)) appropriate state transportation accounts to be used for capital
improvements at highway rest stops and off-road vehicle parks according to the
following disbursement formula:
(1) For the department of licensing for administrative costs associated with testing and collecting endorsement fees; ten percent;
(2) For the department of transportation for capital improvements at highway rest stops; fifty percent;
(3) For the interagency committee for outdoor recreation for capital improvements at the following ORV facilities; ten percent for each facility:
Grant county ORV area (Moses Lake);
Horn Rapids ORV sports park (Richland);
Liberty Lake ORV area (Spokane county);
Thurston-Grays Harbor ORV sports park (McCleary).
Sec. 37. RCW 46.20.510 and 1989 c 337 s 9 are each amended to read as follows:
(1)
There shall be ((three categories for the)) a special motorcycle
endorsement of a driver's license. ((Category one shall be for motorcycles
or motor-driven cycles having an engine displacement of one hundred fifty cubic
centimeters or less. Category two shall be for motorcycles having an engine
displacement of five hundred cubic centimeters or less. Category three shall
include categories one and two, and shall be for motorcycles having an engine
displacement of five hundred one cubic centimeters or more.))
(2)
The department may issue a motorcyclist's instruction permit to an individual
who wishes to learn to ride a motorcycle ((or obtain an endorsement of a
larger endorsement category for a period not to exceed ninety days. This
motorcyclist's instruction permit may be renewed for an additional ninety
days. The director shall collect a two dollar and fifty cent fee for the
motorcyclist's instruction permit or renewal, and the fee shall be deposited in
the motorcycle safety education account of the highway safety fund. This
permit and a valid driver's license with current endorsement, if any, shall be
carried when operating a motorcycle. An individual with a motorcyclist's
instruction permit may not carry passengers, may not operate a motorcycle
during the hours of darkness or on a fully-controlled, limited-access facility,
and shall be under the direct visual supervision of a person with a motorcycle
endorsement of the appropriate category and at least five years' riding
experience)).
NEW SECTION. Sec. 38. A new section is added to chapter 46.92 RCW to read as follows:
The department shall not consider an application of a minor under the age of eighteen years for a motorcycle endorsement unless:
(1) The application is also signed by a parent or guardian having the custody of the minor, or if a minor under the age of eighteen has no father, mother, or guardian, then the motorcycle endorsement application may be signed by the minor; and
(2) The applicant has satisfactorily completed a motorcycle skills education course certified by a private motorcycle safety organization approved by the department.
Sec. 39. RCW 46.20.515 and 1982 c 77 s 4 are each amended to read as follows:
The content
and manner of conducting the motorcycle endorsement examination ((for
each displacement category shall emphasize)) must simulate traffic-speed
motorcycle maneuvers necessary for on-street operation, including traffic-speed
emergency braking and turning ((as may be required to avoid an impending
collision)).
NEW SECTION. Sec. 40. A new section is added to chapter 46.92 RCW to read as follows:
(1) A person who is sixteen years of age and holds a motor vehicle driver's license may apply to the department for a written motorcycle operator's examination. The department shall, after the applicant has successfully passed all parts of a written motorcycle test, issue to the applicant a motorcyclist's instruction permit and schedule the applicant for a motorcycle endorsement riding test.
(2) The instruction permit is valid for the period between the written examination and the scheduled test. The instruction permit entitles the permittee, while having the permit in his or her immediate possession, to operate a motorcycle upon any kind of highway.
(3) The department may waive the written examination, instruction permit, and motorcycle riding test for an applicant who has passed a motorcycle skills education course certified by a private motorcycle safety organization approved by the department.
(4) The department may waive the written examination, instruction permit, and motorcycle riding test for an applicant holding a current motorcycle endorsement from another state.
NEW SECTION. Sec. 41. A new section is added to chapter 46.92 RCW to read as follows:
(1) It is unlawful for a person to rent, loan, or allow any other person to operate a motorcycle on a public roadway unless the latter person is licensed and endorsed to operate a motorcycle in this state or, in case of a nonresident, is licensed to operate a motorcycle under the laws of the state or country of residence.
(2) It is unlawful for a person to rent, loan, or allow access to a motorcycle to another person unless the person granting permission has inspected the license and motorcycle endorsement of the other person to verify the identity of the person present.
NEW SECTION. Sec. 42. A new section is added to chapter 46.92 RCW to read as follows:
Motorcycles, being an efficient mode of personal transport not subject to traffic congestion, may use high-occupancy vehicle lanes at any time regardless of the number of riders or passengers.
NEW SECTION. Sec. 43. A new section is added to chapter 46.92 RCW to read as follows:
The director of licensing shall hold a public hearing under chapter 34.05 RCW, the Administrative Procedure Act, before adopting rules for implementing this chapter. The hearing must be in Olympia.
Sec. 44. RCW 46.20.100 and 1990 c 250 s 36 are each amended to read as follows:
The
department of licensing shall not consider an application of any minor under
the age of eighteen years for a driver's license ((or the issuance of a
motorcycle endorsement for a particular category)) unless:
(1) The application is also signed by a parent or guardian having the custody of such minor, or in the event a minor under the age of eighteen has no father, mother, or guardian, then a driver's license shall not be issued to the minor unless his or her application is also signed by the minor's employer; and
(2)
The applicant has satisfactorily completed a traffic safety education course as
defined in RCW 28A.220.020, conducted by a recognized secondary school, that
meets the standards established by the office of the state superintendent of
public instruction or the applicant has satisfactorily completed a traffic
safety education course, conducted by a commercial driving instruction
enterprise, that meets the standards established by the office of the superintendent
of public instruction and is officially approved by that office on an annual
basis: PROVIDED, HOWEVER, That the director may upon a showing that an
applicant was unable to take or complete a driver education course waive that
requirement if the applicant shows to the satisfaction of the department that a
need exists for the applicant to operate a motor vehicle and he or she has the
ability to operate a motor vehicle in such a manner as not to jeopardize the
safety of persons or property, under rules to be promulgated by the department
in concert with the supervisor of the traffic safety education section, office
of the superintendent of public instruction. ((For a person under the age
of eighteen years to obtain a motorcycle endorsement, he or she must
successfully complete a motorcycle safety education course that meets the
standards established by the department of licensing.))
The
department may waive any education requirement under this subsection for an
applicant previously licensed to drive a motor vehicle ((or motorcycle))
outside this state if the applicant provides proof satisfactory to the
department that he or she has had education equivalent to that required under
this subsection.
Sec. 45. RCW 46.20.220 and 1969 c 27 s 1 are each amended to read as follows:
(1) It
shall be unlawful for any person to rent a motor vehicle ((of any kind
including a motorcycle)) to any other person unless the latter person is
then duly licensed as a vehicle driver for the kind of motor vehicle being
rented in this state or, in case of a nonresident, ((then)) that ((he))
the person is then duly licensed as a driver under the laws of
the state or country of ((his)) residence except a nonresident whose
home state or country does not require that a motor vehicle driver be licensed;
(2) It
shall be unlawful for any person to rent a motor vehicle to another person
until ((he)) the renter has inspected the vehicle driver's
license of such other person and compared and verified the signature thereon
with the signature of such other person written in his or her presence;
(3) Every person renting a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person to whom the motor vehicle is rented, the number of the vehicle driver's license of the person renting the vehicle and the date and place when and where such vehicle driver's license was issued. Such record shall be open to inspection by any police officer or anyone acting for the director.
Sec. 46. RCW 43.59.010 and 1967 ex.s. c 147 s 1 are each amended to read as follows:
The purpose of this chapter is to establish a new agency of state government to be known as the Washington traffic safety commission. The functions and purpose of this commission shall be to find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local level in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed by him under the federal Highway Safety Act of 1966 (Public Law 89-564; 80 Stat. 731). However, the commission shall not promote the mandatory use of traffic safety equipment or devices known to have caused or contributed to a number of motorist injuries. "First do no harm," shall be the watchwords of commission policy.
Sec. 47. RCW 43.59.040 and 1983 1st ex.s. c 14 s 1 are each amended to read as follows:
In addition to other responsibilities set forth in this chapter the commission shall:
(1) Advise and confer with the governing authority of any political subdivision of the state deemed eligible under the federal Highway Safety Act of 1966 (Public Law 89-564; 80 Stat. 731) for participation in the aims and programs and purposes of that act;
(2) Advise and confer with all agencies of state government whose programs and activities are within the scope of the Highway Safety Act including those agencies that are not subject to direct supervision, administration, and control by the governor under existing laws;
(3) Succeed to and be vested with all powers, duties, and jurisdictions previously vested in the Washington state safety council;
(4) Collect and make public a one-paragraph narrative description of each traffic fatality occurring after the effective date of this act to include each automobile driver, motorcycle rider, bicycle rider, pedestrian, and passenger killed in traffic each year. The description shall include information on victim demographics, speed, right of way violations, road surface, road hazards, weather conditions, alcohol or drug use, license endorsement of victim, insurance coverage, prior traffic infractions of the victim, type of vehicle, vehicle identification number, and a nonbinding, unofficial finding of fault;
(5) Carry out such other responsibilities as may be consistent with this chapter.
Sec. 48. RCW 46.81A.020 and 1988 c 227 s 3 are each amended to read as follows:
(1)
The director shall administer ((and enforce the law pertaining to)) privatization
of the motorcycle skills education program ((as set forth in this
chapter.
(2)
The director may adopt and enforce reasonable rules that are consistent with
this chapter.
(3)
The director shall revise the Washington motorcycle safety program to:
(a)
Institute a motorcycle skills education course for both novice and advanced
motorcycle riders that is a minimum of eight hours and no more than sixteen
hours at a cost of no more than thirty dollars;
(b)
Encourage the use of loaned or used motorcycles for use in the motorcycle
skills education course if the instructor approves them;
(c)
Require all instructors to conduct at least three classes in a one-year period
to maintain their teaching eligibility;
(d)
Encourage the use of radio or intercom equipped helmets when, in the opinion of
the instructor, radio or intercom equipped helmets improve the quality of
instruction;
(e)
Require a biennial report to be submitted to the legislative transportation committee
that includes the following:
(i)
A narrative history of the program;
(ii)
Current biennium program appropriations versus actual program expenditures;
(iii)
Historical enrollment statistics and enrollment forecasts;
(iv)
Comparative data evaluating motorcycle traffic statistics of program graduates
versus nongraduates;
(v)
Data on the age of the enrollees;
(vi)
Statistical information regarding general trends in motorcycle ridership in
Washington state;
(vii)
The number of courses offered throughout the biennium;
(viii)
Information on course dropout rates.
(4)
The department shall obtain and compile information from applicants for a
motorcycle endorsement regarding whether they have completed a state approved
motorcycle skills education course. This information shall be used for the
report required by subsection (3)(e) of this section)) by
June 30, 1993.
NEW SECTION. Sec. 49. A new section is added to chapter 43.70 RCW to read as follows:
The department of health shall establish a state-wide motorcycle trauma registry to collect information on the incidence, severity, and causes of traumatic head, neck, and brain injuries suffered by bicyclists, motorcyclists, and motor vehicle operators to include utility vehicles, trucks, and sports cars involved in traffic accidents in Washington. The registry shall identify and track major brain injury cases and actual costs from injury through rehabilitation or recovery. The department shall compile the information into an annual report to be made public July 1, 1993, and annually thereafter. The registry shall keep specific statistics on helmet use of victims.
NEW SECTION. Sec. 50. A new section is added to chapter 19.60 RCW to read as follows:
Licensed pawn brokers may make personal loans on motorcycles. Pawn brokers may conduct business in motorcycles as they do with other personal property without obtaining a motorcycle dealer's license.
NEW SECTION. Sec. 51. The following acts or parts of acts are each repealed:
(1) RCW 46.16.630 and 1979 ex.s. c 213 s 5;
(2) RCW 46.20.520 and 1987 c 454 s 3 & 1982 c 77 s 5;
(3) RCW 46.37.524 and 1977 ex.s. c 355 s 47;
(4) RCW 46.37.529 and 1987 c 330 s 731, 1979 c 158 s 158, & 1977 ex.s. c 355 s 51;
(5) RCW 46.37.530 and 1990 c 270 s 7;
(6) RCW 46.61.460 and 1965 ex.s. c 155 s 57;
(7) RCW 46.61.720 and 1979 ex.s. c 213 s 9; and