BILL REQ. #:  S-4333.1 

READ FIRST TIME 1/19/2006.   

     AN ACT Relating to the definition of a moped; and amending RCW 46.04.304 and 46.44.050.

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

Sec. 1   RCW 46.04.304 and 1990 c 250 s 18 are each amended to read as follows:
     "Moped" means a motorized device designed to travel with not more than three ((sixteen-inch or larger diameter)) wheels in contact with the ground((, having fully operative pedals for propulsion by human power,)) and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than thirty miles per hour on level ground.
     The Washington state patrol may approve of and define as a "moped" a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and application to motorized devices which do meet these specific criteria.

Sec. 2   RCW 46.44.050 and 1979 ex.s. c 213 s 7 are each amended to read as follows:
     It shall be unlawful to operate any vehicle upon public highways with a wheelbase between any two axles thereof of less than three feet, six inches when weight exceeds that allowed for one axle under RCW 46.44.042 or 46.44.041. It shall be unlawful to operate any motor vehicle upon the public highways of this state with a wheelbase between the frontmost axle and the rearmost axle of less than three feet, six inches((: PROVIDED, That the minimum wheelbase for mopeds is thirty-eight inches)).
     For the purposes of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle axles designated.