S 1416

S‑1416.2 _____________________________________________

SUBSTITUTE SENATE BILL 5113

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State of Washington 57th Legislature 2001 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Costa, Swecker, Kastama, Fairley, Oke, Gardner, Haugen and Eide)

READ FIRST TIME 02/08/01.

_1 AN ACT Relating to the regulation of the use of motorized

_2 scooters; amending RCW 46.20.500, 46.37.530, 46.37.535, and

_3 46.61.710; and adding a new section to chapter 46.04 RCW.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 Sec. 1. RCW 46.20.500 and 1999 c 274 s 8 are each amended to read

_6 as follows:

_7 No person may drive a motorcycle or a motor-driven cycle unless

_8 such person has a valid driver's license specially endorsed by the

_9 director to enable the holder to drive such vehicles. However, a

10 person sixteen years of age or older, holding a valid driver's

11 license of any class issued by the state of the person's

12 residence, may operate a moped without taking any special

13 examination for the operation of a moped. No driver's license is

14 required for operation of an electric-assisted bicycle if the

15 operator is at least sixteen years of age. No driver's license is

16 required to operate a motorized foot scooter. Persons under

17 sixteen years of age may not operate an electric-assisted

18 bicycle. Persons under fourteen years of age may not operate a

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_1 motorized foot scooter. Motorized foot scooters may not be operated

_2 at any time from a half hour after sunset to a half hour before

_3 sunrise without reflectors of a type approved by the state patrol.

_4 Sec. 2. RCW 46.37.530 and 1997 c 328 s 4 are each amended to

_5 read as follows:

_6 (1) It is unlawful:

_7 (a) For any person to operate a motorcycle or motor-driven

_8 cycle not equipped with mirrors on the left and right sides of the

_9 motorcycle which shall be so located as to give the driver a

10 complete view of the highway for a distance of at least two

11 hundred feet to the rear of the motorcycle or motor-driven cycle:

12 PROVIDED, That mirrors shall not be required on any motorcycle or

13 motor-driven cycle over twenty-five years old originally

14 manufactured without mirrors and which has been restored to its

15 original condition and which is being ridden to or from or

16 otherwise in conjunction with an antique or classic motorcycle

17 contest, show, or other such assemblage: PROVIDED FURTHER, That no

18 mirror is required on any motorcycle manufactured prior to January

19 1, 1931;

20 (b) For any person to operate a motorcycle or motor-driven

21 cycle which does not have a windshield unless wearing glasses,

22 goggles, or a face shield of a type conforming to rules adopted by

23 the state patrol;

24 (c) For any person to operate or ride upon a motorcycle, motor-

25 driven cycle, or moped on a state highway, county road, or city

26 street unless wearing upon his or her head a protective helmet of

27 a type conforming to rules adopted by the state patrol except when

28 the vehicle is an antique motor-driven cycle or automobile that is

29 licensed as a motorcycle or when the vehicle is equipped with seat

30 belts and roll bars approved by the state patrol. The helmet must

31 be equipped with either a neck or chin strap which shall be

32 fastened securely while the motorcycle or motor-driven cycle is in

33 motion. Persons operating electric-assisted bicycles or motorized

34 foot scooters shall comply with all laws and regulations related

35 to the use of bicycle helmets;

36 (d) For any person to transport a child under the age of five

37 on a motorcycle or motor-driven cycle;

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_1 (e) For any person to sell or offer for sale a motorcycle

_2 helmet which does not meet the requirements established by the

_3 state patrol.

_4 (2) The state patrol is hereby authorized and empowered to

_5 adopt and amend rules, pursuant to the Administrative Procedure

_6 Act, concerning the standards and procedures for conformance of

_7 rules adopted for glasses, goggles, face shields, and protective

_8 helmets.

_9 Sec. 3. RCW 46.37.535 and 1990 c 270 s 8 are each amended to read

10 as follows:

11 It is unlawful for any person to rent out motorcycles, motor-

12 driven cycles, motorized foot scooters, or mopeds unless the

13 person also has on hand for rent helmets of a type conforming to

14 rules adopted by the state patrol.

15 It shall be unlawful for any person to rent a motorcycle, motor-

16 driven cycle, motorized foot scooter, or moped unless the person

17 has in his or her possession a helmet of a type approved by the

18 state patrol, regardless of from whom the helmet is obtained.

19 Sec. 4. RCW 46.61.710 and 1997 c 328 s 5 are each amended to

20 read as follows:

21 (1) No person shall operate a moped upon the highways of this

22 state unless the moped has been assigned a moped registration

23 number and displays a moped permit in accordance with the

24 provisions of RCW 46.16.630.

25 (2) Notwithstanding any other provision of law, neither a moped

26 nor a gasoline-powered motorized foot scooter may ((~~not~~)) be

27 operated on a bicycle path or trail, bikeway, equestrian trail, or

28 hiking or recreational trail.

29 (3) Operation of a moped ((or)), an electric-assisted bicycle,

30 or a motorized foot scooter on a fully controlled limited access

31 highway or on a sidewalk is unlawful.

32 (4) Removal of any muffling device or pollution control device

33 from a moped or motorized foot scooter is unlawful.

34 (5) Subsections (1), (2), and (4) of this section do not apply

35 to electric-assisted bicycles. Electric-assisted bicycles may have

36 access to highways of the state to the same extent as

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_1 bicycles. Electric-assisted bicycles may be operated on a

_2 multipurpose trail or bicycle lane, but local jurisdictions may

_3 restrict or otherwise limit the access of electric-assisted

_4 bicycles.

_5 NEW SECTION. Sec. 5. A new section is added to chapter 46.04

_6 RCW to read as follows:

_7 "Motorized foot scooter" means a device with no more than two

_8 five-inch or smaller diameter wheels that has handlebars, is

_9 designed to be stood or sat upon by the operator, and is powered

10 by either an electric or internal combustion motor that is capable

11 of propelling the device with or without human propulsion. A

12 motorized foot scooter's motor must produce no more than one and

13 five-tenths gross horsepower and be capable of propelling the

14 entire device at not more than fifteen miles per hour on level

15 ground.

16 For purposes of this section, a motor-driven cycle, a moped, an

17 electric-assisted bicycle, or a motorcycle is not a motorized foot

18 scooter.

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