AN
ACT Relating to electric-assisted bicycles; amending RCW 46.16.010, 46.20.500,
46.37.530, and 46.61.710; and adding a new section to chapter 46.04 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 46.04 RCW to read as follows:
"Electric-assisted
bicycle" means a bicycle with two or three wheels, a saddle, fully
operative pedals for human propulsion, and an electric motor. The electric-assisted
bicycle's electric motor must have a power output of no more than one thousand
watts, be incapable of propelling the device at a speed of more than twenty
miles per hour on level ground, and be incapable of further increasing the
speed of the device when human power alone is used to propel the device beyond
twenty miles per hour.
Sec.
2. RCW
46.16.010 and 1996 c 184 s 1 are each amended to read as follows:
(1)
It is unlawful for a person to operate any vehicle over and along a public
highway of this state without first having obtained and having in full force
and effect a current and proper vehicle license and display vehicle license
number plates therefor as by this chapter provided. Failure to make initial
registration before operation on the highways of this state is a misdemeanor,
and any person convicted thereof shall be punished by a fine of no less than
three hundred thirty dollars, no part of which may be suspended or deferred.
Failure to renew an expired registration before operation on the highways of
this state is a traffic infraction.
(2)
The licensing of a vehicle in another state by a resident of this state, as
defined in RCW 46.16.028, evading the payment of any tax or license fee imposed
in connection with registration, is a gross misdemeanor punishable as follows:
(a)
For a first offense, up to one year in the county jail and a fine equal to
twice the amount of delinquent taxes and fees, no part of which may be
suspended or deferred;
(b)
For a second or subsequent offense, up to one year in the county jail and a
fine equal to four times the amount of delinquent taxes and fees, no part of
which may be suspended or deferred;
(c)
For fines levied under (b) of this subsection, an amount equal to the avoided
taxes and fees owed shall be deposited in the vehicle licensing fraud account
created in the state treasury;
(d)
The avoided taxes and fees shall be deposited and distributed in the same
manner as if the taxes and fees were properly paid in a timely fashion.
(3)
These provisions shall not apply to the following vehicles:
(a)
Electric-assisted bicycles;
(b)
Farm vehicles ((as defined in RCW 46.04.181)) if operated within a
radius of fifteen miles of the farm where principally used or garaged, farm tractors
and farm implements including trailers designed as cook or bunk houses used
exclusively for animal herding temporarily operating or drawn upon the public
highways, and trailers used exclusively to transport farm implements from one
farm to another during the daylight hours or at night when such equipment has
lights that comply with the law((: PROVIDED FURTHER, That these provisions
shall not apply to));
(c)
Spray or fertilizer applicator rigs designed and used exclusively for
spraying or fertilization in the conduct of agricultural operations and not
primarily for the purpose of transportation, and nurse rigs or equipment
auxiliary to the use of and designed or modified for the fueling, repairing,
or loading of spray and fertilizer applicator rigs and not used, designed,
or modified primarily for the purpose of transportation((: PROVIDED
FURTHER, That these provisions shall not apply to));
(d)
Fork lifts operated during daylight hours on public highways adjacent to
and within five hundred feet of the warehouses which they serve((: PROVIDED
FURTHER, That these provisions shall not apply to equipment defined as follows:));
(e)
"Special highway construction equipment" ((is)) defined as
follows: Any vehicle which is designed and used primarily for grading of
highways, paving of highways, earth moving, and other construction work on
highways and which is not designed or used primarily for the transportation of
persons or property on a public highway and which is only incidentally operated
or moved over the highway. It includes, but is not limited to, road
construction and maintenance machinery so designed and used such as portable
air compressors, air drills, asphalt spreaders, bituminous mixers, bucket
loaders, track laying tractors, ditchers, leveling graders, finishing machines,
motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers
and carryalls, lighting plants, welders, pumps, power shovels and draglines,
self-propelled and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations which either (((1)))
(i) are in excess of the legal width, or (((2))) (ii)
which, because of their length, height, or unladen weight, may not be
moved on a public highway without the permit specified in RCW 46.44.090 and
which are not operated laden except within the boundaries of the project limits
as defined by the contract, and other similar types of construction equipment,
or (((3))) (iii) which are driven or moved upon a public highway only
for the purpose of crossing such highway from one property to another, provided
such movement does not exceed five hundred feet and the vehicle is equipped
with wheels or pads which will not damage the roadway surface.
Exclusions:
"Special
highway construction equipment" does not include any of the following:
Dump
trucks originally designed to comply with the legal size and weight provisions
of this code notwithstanding any subsequent modification which would require a
permit, as specified in RCW 46.44.090, to operate such vehicles on a public
highway, including trailers, truck-mounted transit mixers, cranes and shovels,
or other vehicles designed for the transportation of persons or property to
which machinery has been attached.
(4)
The following vehicles, whether operated solo or in combination, are exempt
from license registration and displaying license plates as required by this
chapter:
(a)
A converter gear used to convert a semitrailer into a trailer or a two-axle
truck or tractor into a three or more axle truck or tractor or used in any
other manner to increase the number of axles of a vehicle. Converter gear
includes an auxiliary axle, booster axle, dolly, and jeep axle.
(b)
A tow dolly that is used for towing a motor vehicle behind another motor
vehicle. The front or rear wheels of the towed vehicle are secured to and rest
on the tow dolly that is attached to the towing vehicle by a tow bar.
Sec.
3. RCW
46.20.500 and 1982 c 77 s 1 are each amended to read as follows:
No
person may drive a 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, 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)).
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. 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.
Sec.
4. RCW
46.37.530 and 1990 c 270 s 7 are each amended to read as follows:
(1)
It is unlawful:
(a)
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)
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)
For any person to operate or ride upon a motorcycle, 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 or automobile
that is licensed as a motorcycle or when the 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. Persons operating
electric-assisted bicycles shall comply with all laws and regulations related
to the use of bicycle helmets;
(d)
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.
5. RCW
46.61.710 and 1979 ex.s. c 213 s 8 are each amended to read as follows:
(1)
No person shall operate a moped upon the highways of this 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.
(2)
Notwithstanding any other provision of law, 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 or an electric-assisted bicycle on a fully
controlled limited access highway or on a sidewalk is unlawful.
(4)
Removal of any muffling device or pollution control device from a moped is
unlawful.
(5)
Subsections (1), (2), and (4) of this section do not apply to electric-assisted
bicycles. Electric-assisted bicycles may have access to highways of the state
to the same extent as bicycles. Electric-assisted bicycles may be operated on
a multipurpose trail or bicycle lane, but local jurisdictions may restrict or
otherwise limit the access of electric-assisted bicycles.
