H-0814.1  _______________________________________________

                          HOUSE BILL 1408

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives McMorris, Hargrove, Smith, Radcliff, Huff, Sherstad, Thompson, L. Thomas and Mitchell

Read first time 01/24/95.  Referred to Committee on Transportation.

Revising motorcycle helmet and equipment requirements.

    AN ACT Relating to motorcycle equipment; and amending RCW 46.37.530 and 46.37.535.

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

    Sec. 1.  RCW 46.37.530 and 1990 c 270 s 7 are each amended to read as follows:

    (((1))) It is unlawful:

    (((a))) (1) For any person to operate a motorcycle or motor-driven cycle not equipped with mirrors on the left and right sides of the motorcycle which shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle or motor-driven cycle:  PROVIDED, That mirrors shall not be required on any motorcycle or motor-driven cycle over twenty-five years old originally manufactured without mirrors and 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)):  PROVIDED FURTHER, That no mirror is required on any motorcycle manufactured prior to January 1, 1931;

    (((b))) (2) For any person to operate a motorcycle or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield ((of a type conforming to rules adopted by the state patrol));

    (((c))) (3) For any person under the age of twenty-one years to operate or ride upon a motorcycle((,)) or motor-driven cycle((, or moped)) on a state highway, county road, or city street unless wearing upon his or her head a protective helmet ((of a type conforming to rules adopted by the state patrol)) except when the vehicle is an antique motor-driven cycle twenty-five years or older, or an automobile that is licensed as a motorcycle, or ((when the)) a vehicle ((is)) equipped with seat belts and roll bars ((approved by the state patrol)).  The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor-driven cycle is in motion;

    (((d))) (4) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle((;

    (e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state patrol.

    (2) The state patrol is hereby authorized and empowered to adopt and amend rules, pursuant to the administrative procedure act, concerning the standards and procedures for conformance of rules adopted for glasses, goggles, face shields, and protective helmets)).

    Sec. 2.  RCW 46.37.535 and 1990 c 270 s 8 are each amended to read as follows:

    It is unlawful for any person to rent out motorcycles((, motor-driven cycles, or mopeds)) unless the person also has helmets on hand for rent ((helmets of a type conforming to rules adopted by the state patrol)).

    It shall be unlawful for any person to rent a motorcycle, motor-driven cycle, or moped unless the person has in his or her possession a helmet ((of a type approved by the state patrol, regardless of from whom the helmet is obtained)).

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