S-3050.1  _______________________________________________

                         SENATE BILL 6284

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Jacobsen, Horn, Kline, Regala, Rasmussen, Haugen, Carlson, Fraser, Kohl‑Welles, Eide, Thibaudeau, Keiser, McAuliffe and Finkbeiner

Read first time 01/14/2002.  Referred to Committee on Environment, Energy & Water.

Providing incentives to reduce air pollution.

    AN ACT Relating to providing incentives to reduce air pollution through the licensing and use of neighborhood electric vehicles; amending RCW 46.04.320; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.61 RCW; prescribing penalties; and providing an effective date.

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

    Sec. 1.  RCW 46.04.320 and 1961 c 12 s 46.04.320 are each amended to read as follows:

    "Motor vehicle" ((shall)) means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.  "Motor vehicle" includes a neighborhood electric vehicle as defined in section 2 of this act and operated pursuant to section 3 of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.04 RCW to read as follows:

    "Neighborhood electric vehicle" means a self-propelled,  electrically powered four-wheeled motor vehicle that has a speed attainable in one mile that does not exceed twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.

NEW SECTION. Sec. 3.  A new section is added to chapter 46.61 RCW to read as follows:

    (1) Absent prohibition by local authorities authorized under this section and except as prohibited elsewhere in this section, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less as long as:

    (a) A person does not operate a neighborhood electric vehicle upon streets and highways which are parts of the state highway system which are subject to the provisions of Title 47 RCW;

    (b) A person does not operate a neighborhood electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and displays vehicle license number plates in compliance with chapter 46.16 RCW;

    (c) A person does not operate a neighborhood electric vehicle upon a highway of this state without first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;

    (d) A person does not operate a neighborhood electric vehicle subject to registration under chapter 46.16 RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW;

    (e) A person operating a neighborhood electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways which are part of the state highway system subject to the provisions of Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.

    (2) Any person who violates this section commits a traffic infraction.

    (3) The provisions of this section do not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of neighborhood electric vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:

    (a) Local authorities may not authorize the operation of neighborhood electric vehicles on streets and highways which are part of the state highway system subject to the provisions of Title 47 RCW;

    (b) Local authorities may not prohibit the operation of neighborhood electric vehicles upon highways of this state having a speed limit of twenty-five miles per hour or less;

    (c) Local authorities are prohibited from establishing any requirements for the registration and licensing of neighborhood electric vehicles.

NEW SECTION. Sec. 4.  This act takes effect January 1, 2003.

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