BILL REQ. #:  H-3291.1 

Read first time 01/14/2004.   Referred to Committee on Transportation.

     AN ACT Relating to legal use of quadricycles on public highways; amending RCW 46.16.0621, 46.37.070, 46.37.522, 46.37.523, 46.37.525, 46.37.528, 46.37.530, 46.37.537, 46.37.539, 46.61.608, 46.61.610, 46.61.612, 46.61.613, and 46.81A.001; reenacting and amending RCW 46.04.332, 46.16.010, 46.20.500, and 46.81A.010; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.61 RCW; prescribing penalties; providing an effective date.

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

Sec. 1   RCW 46.04.332 and 2003 c 353 s 7 and 2003 c 141 s 4 are each reenacted and amended to read as follows:
     "Motor-driven cycle" means every quadricycle or motorcycle, including every motor scooter, with a motor that 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 moped, a power wheelchair, a motorized foot scooter, or an electric personal assistive mobility device.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.04 RCW to read as follows:
     "Quadricycle" means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle upon which the operator sits and a motor capable of producing not more than fifty brake horsepower.
The Washington state patrol may approve of and define as a "quadricycle" 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.
The term does not include golf carts.

Sec. 3   RCW 46.16.010 and 2003 c 353 s 8 and 2003 c 53 s 238 are each reenacted and 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.
(2) Failure to make initial registration before operation on the highways of this state is a misdemeanor, and any person convicted thereof must be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or deferred.
     (3) Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.
     (4) 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 will 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.
     (5) These provisions shall not apply to the following vehicles:
     (a) Motorized foot scooters;
     (b) Electric-assisted bicycles;
     (c) Quadricycles used as farm vehicles if operated within a radius of fifteen miles of the farm where principally used or garaged;
     (d) Farm vehicles 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;
     (((d))) (e) 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;
     (((e))) (f) 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 vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks;
     (((f))) (g) "Special highway construction equipment" 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 (i) are in excess of the legal width, or (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 (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.
     (6) 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. 4   RCW 46.16.0621 and 2003 c 1 s 2 are each amended to read as follows:
     (1) License tab fees are required to be $30 per year for motor vehicles, regardless of year, value, make, or model.
     (2) For the purposes of this section, "license tab fees" are defined as the general fees paid annually for licensing motor vehicles, including cars, sport utility vehicles, motorcycles, quadricycles, and motor homes.

Sec. 5   RCW 46.20.500 and 2003 c 353 s 9, 2003 c 141 s 7, and 2003 c 41 s 1 are each reenacted and amended to read as follows:
     (1) No person may drive either a two-wheeled or a three-wheeled motorcycle, a quadricycle, 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.
     (2) 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.
     (3) 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.
     (4) No driver's license is required to operate an electric personal assistive mobility device or a power wheelchair.
     (5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol.

Sec. 6   RCW 46.37.070 and 1977 ex.s. c 355 s 7 are each amended to read as follows:
     (1) ((After January 1, 1964,)) Every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more stop lamps meeting the requirements of RCW 46.37.200, except that passenger cars manufactured or assembled prior to January 1, 1964, shall be equipped with at least one such stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified in RCW 46.37.200(1).
     (2) ((After January 1, 1960,)) Every motor vehicle, trailer, semitrailer and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of RCW 46.37.200(2), except that passenger cars, trailers, semitrailers, pole trailers, and trucks less than eighty inches in width, manufactured or assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps.
     (3) Every quadricycle used during the hours of darkness must be equipped with electric turn signal lamps meeting the requirements of RCW 46.37.200 or when the distance from the center of the top of the steering post to the left outside limit of the body exceeds twenty-four inches. When a quadricycle is operated during daylight hours hand signals as described in RCW 46.61.315 may be used.

Sec. 7   RCW 46.37.522 and 1977 ex.s. c 355 s 45 are each amended to read as follows:
     Every motorcycle, quadricycle, and motor-driven cycle shall 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, quadricycle, and ((every)) motor-driven cycle shall be equipped with at least one lamp which shall comply with the requirements and limitations of this section.
     (2) Every head lamp upon every motorcycle, quadricycle, and motor-driven cycle shall 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) Every quadricycle and motorcycle other than a motor-driven cycle shall be equipped with multiple-beam road-lighting equipment.
     (4) Such equipment shall:
     (a) 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, 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, quadricycle, and motor-driven cycle shall have at least one tail lamp which shall be located at a height of not more than seventy-two nor less than fifteen inches.
     (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 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 plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
     (3) Every motorcycle, quadricycle, and motor-driven cycle shall 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, quadricycle, and motor-driven cycle shall be equipped with at least one stop lamp meeting the requirements of RCW 46.37.070.

Sec. 10   RCW 46.37.528 and 1977 ex.s. c 355 s 50 are each amended to read as follows:
     Every motorcycle, quadricycle, 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.

Sec. 11   RCW 46.37.530 and 2003 c 197 s 1 are each amended to read as follows:
     (1) It is unlawful:
     (a) For any person to operate a motorcycle, quadricycle, or motor-driven cycle not equipped with mirrors on the left and right sides of the ((motorcycle)) vehicle, 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)) vehicle: 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, quadricycle, or motor-driven cycle ((which)) that 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, quadricycle, motor-driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a motorcycle helmet 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 motorcycle helmet neck or chin strap must be fastened securely while the ((motorcycle or motor-driven cycle)) vehicle 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, quadricycle, or motor-driven cycle;
     (e) For any person to sell or offer for sale a motorcycle helmet that does not meet the requirements established by this section.
     (2) The state patrol may adopt and amend rules, pursuant to the Administrative Procedure Act, concerning standards for glasses, goggles, and face shields.
     (3) For purposes of this section, "motorcycle helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a sticker indicating that the motorcycle helmet meets standards established by the United States Department of Transportation.

Sec. 12   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 or quadricycle 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 or quadricycle not equipped as required by this section, or which has been amplified as prohibited by this section.

Sec. 13   RCW 46.37.539 and 1977 ex.s. c 355 s 53 are each amended to read as follows:
     Every motorcycle, quadricycle, and ((every)) motor-driven cycle shall also comply with the requirements and limitations of:
     RCW 46.37.380 on horns and warning devices;
     RCW 46.37.390 on mufflers and prevention of noise;
     RCW 46.37.400 on mirrors; and
     RCW 46.37.420 on tires.

NEW SECTION.  Sec. 14   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 quadricycle upon a highway having a speed limit of thirty-five miles per hour or less if:
(a) The person does not operate a quadricycle upon state highways that are listed in chapter 47.17 RCW except where posted speed limits are not in excess of thirty-five miles per hour;
(b) The person does not operate a quadricycle upon a highway without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates in compliance with chapter 46.16 RCW;
(c) The person does not operate a quadricycle upon a highway without first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;
(d) The person does not operate a quadricycle subject to registration under chapter 46.16 RCW on a highway unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a quadricycle 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 quadricycle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.
(2) A person who violates this section commits a traffic infraction.
(3) This section does 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 quadricycles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with this title, except that:
(a) Local authorities may not authorize the operation of quadricycles on streets and highways that are part of the state highway system subject to Title 47 RCW unless that section of state highway has a posted speed limit of thirty-five miles per hour or less;
(b) Local authorities may not prohibit the operation of quadricycles upon highways having a speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any requirements for the registration and licensing of quadricycles.

Sec. 15   RCW 46.61.608 and 1975 c 62 s 46 are each amended to read as follows:
     (1) All motorcycles and quadricycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle or quadricycle 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 or quadricycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
     (3) No person shall operate a motorcycle or quadricycle 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. 16   RCW 46.61.610 and 1975 c 62 s 37 are each amended to read as follows:
     A person operating a motorcycle or quadricycle 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 or quadricycle unless ((such motorcycle)) the vehicle 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)) vehicle at the rear or side of the operator((: PROVIDED, HOWEVER, That)). The motorcycle or quadricycle must contain foot pegs, foot rests, or floor boards of a type approved by the ((equipment commission)) state patrol, for each person ((such motorcycle)) the vehicle is designed to carry.

Sec. 17   RCW 46.61.612 and 1967 c 232 s 7 are each amended to read as follows:
     No person shall ride a motorcycle or quadricycle in a position where both feet are placed on the same side of the ((motorcycle)) vehicle.

Sec. 18   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 temporarily suspended by the chief of the Washington state patrol, or ((his)) a designee, with respect to the operation of motorcycles or quadricycles within their respective jurisdictions in connection with a parade or public demonstration.

Sec. 19   RCW 46.81A.001 and 1988 c 227 s 1 are each amended to read as follows:
     It is the purpose of this chapter to provide the motorcycle and quadricycle riders of the state with an affordable motorcycle and quadricycle skills education program in order to promote motorcycle and quadricycle safety awareness.
     All sales of factory-new quadricycles must include an all-terrain vehicle safety course that meets the requirements of or is provided by the ATV Safety Institute or any other industry-recognized safety course.

Sec. 20   RCW 46.81A.010 and 2003 c 353 s 11 and 2003 c 41 s 4 are each reenacted and amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Motorcycle and quadricycle skills education program" means a motorcycle or quadricycle rider skills training program to be administered by the department.
     (2) "Department" means the department of licensing.
     (3) "Director" means the director of licensing.
     (4) "Motorcycle or quadricycle" means a motor vehicle designed to travel on not more than ((three)) four 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 farm tractors, electric personal assistive mobility devices, mopeds, motorized foot scooters, motorized bicycles, unlicensed four-wheel all-terrain vehicles, and off-road motorcycles.
     (5) "ATV Safety Institute" means the not-for-profit division of the Specialty Vehicle Institute of America (SVIA), that implements an expanded national program of all-terrain vehicle (ATV) safety education and awareness, to promote the safe and responsible use of ATVs, and to reduce crashes and injuries that may result from improper operation by the rider.
(6) "ATV safety course" means a hands-on, ATV rider course conducted by licensed ATV Safety Institute instructors that provides students an opportunity to increase their safety knowledge and to practice basic riding skills in a controlled environment under the direct supervision of a licensed instructor.

NEW SECTION.  Sec. 21   This act takes effect July 1, 2004, except that if 2003 c 1 (Initiative Measure No. 776) is ruled unconstitutional by a court of final jurisdiction, section 4 of this act is null and void.