SSB 6207 -
By Committee on Transportation
ADOPTED 03/03/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 46.04.320 and 2007 c 510 s 1 are each amended to read
as follows:
"Motor vehicle" means every vehicle that is self-propelled and
every vehicle that 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 RCW 46.04.357.
"Motor vehicle" includes a medium-speed electric vehicle as defined in
RCW 46.04.295. An electric personal assistive mobility device is not
considered a motor vehicle. A power wheelchair is not considered a
motor vehicle. A golf cart is not considered a motor vehicle, except
for the purposes of chapter 46.61 RCW.
Sec. 2 RCW 46.04.670 and 2003 c 141 s 6 are each amended to read
as follows:
"Vehicle" includes every device capable of being moved upon a
public highway and in, upon, or by which any persons or property is or
may be transported or drawn upon a public highway, including bicycles.
The term does not include power wheelchairs or devices other than
bicycles moved by human or animal power or used exclusively upon
stationary rails or tracks. Mopeds shall not be considered vehicles or
motor vehicles for the purposes of chapter 46.70 RCW. Bicycles shall
not be considered vehicles for the purposes of chapter 46.12, 46.16, or
46.70 RCW. Electric personal assistive mobility devices are not
considered vehicles or motor vehicles for the purposes of chapter
46.12, 46.16, 46.29, 46.37, or 46.70 RCW. A golf cart is not
considered a vehicle, except for the purposes of chapter 46.61 RCW.
NEW SECTION. Sec. 3 A new section is added to chapter 46.04 RCW
to read as follows:
"Golf cart" means a gas-powered or electric-powered four-wheeled
vehicle originally designed and manufactured for operation on a golf
course for sporting purposes and has a speed attainable in one mile of
not more than twenty miles per hour. A golf cart is not a nonhighway
vehicle or off-road vehicle as defined in RCW 46.09.020.
NEW SECTION. Sec. 4 A new section is added to chapter 46.08 RCW
to read as follows:
(1) The legislative authority of a city or county may by ordinance
or resolution create a golf cart zone, for the purposes of permitting
the incidental operation of golf carts, as defined in section 3 of this
act, upon a street or highway of this state having a speed limit of
twenty-five miles per hour or less.
(2) Every person operating a golf cart as authorized under this
section is granted all rights and is subject to all duties applicable
to the driver of a vehicle under chapter 46.61 RCW.
(3) Every person operating a golf cart as authorized under this
section must be at least sixteen years of age and must have completed
a driver education course or have previous experience driving as a
licensed driver.
(4) A person who has a revoked license under RCW 46.20.285 may not
operate a golf cart as authorized under this section.
(5) The legislative authority of a city or county may prohibit any
person from operating a golf cart as authorized under this section at
any time from a half hour after sunset to a half hour before sunrise.
(6) The legislative authority of a city or county may require a
decal or other identifying device to be displayed on golf carts
authorized on the streets and highways of this state under this
section. The city or county may charge a fee for the decal or other
identifying device.
(7) The legislative authority of a city or county may prohibit the
operation of golf carts in designated bicycle lanes that are within a
golf cart zone.
(8) Golf carts must be equipped with reflectors, seat belts, and
rearview mirrors when operated upon streets and highways as authorized
under this section.
(9) A city or county that creates a golf cart zone under this
section must clearly identify the zone by placing signage at the
beginning and end of the golf cart zone on a street or road that is
part of the golf cart zone. The signage must be in compliance with the
department of transportation's manual on uniform traffic control
devices for streets and highways.
(10) Accidents that involve golf carts operated upon streets and
highways as authorized under this section must be recorded and tracked
in compliance with chapter 46.52 RCW. The accident report must
indicate that a golf cart operating within a golf cart zone is involved
in the accident.
Sec. 5 RCW 46.16.010 and 2007 c 242 s 2 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.
(2) Failure to make initial registration before operation on the
highways of this state is a traffic infraction, and any person
committing this infraction shall pay a penalty of five hundred twenty-nine 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
payment of a fine of five hundred twenty-nine dollars plus 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 payment of a fine of five hundred twenty-nine dollars
plus 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) Off-road vehicles operating on nonhighway roads under RCW
46.09.115;
(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;
(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;
(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;
(g) "Trams" used for transporting persons to and from facilities
related to the horse racing industry as regulated in chapter 67.16 RCW,
as long as the public right-of-way routes over which the trams operate
are not more than one mile from end to end, the public rights-of-way
over which the tram operates have an average daily traffic of not more
than 15,000 vehicles per day, and the activity is in conformity with
federal law. The operator must be a licensed driver and at least
eighteen years old. For the purposes of this section, "tram" also
means a vehicle, or combination of vehicles linked together with a
single mode of propulsion, used to transport persons from one location
to another;
(h) "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; and
(i) Golf carts, as defined in section 3 of this act, operating
within a designated golf cart zone as described in section 4 of this
act.
(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.
(c) An off-road vehicle operated on a street, road, or highway as
authorized under RCW 46.09.180.
(7)(a) A motor vehicle subject to initial or renewal registration
under this section shall not be registered to a natural person unless
the person at time of application:
(i) Presents an unexpired Washington state driver's license; or
(ii) Certifies that he or she is:
(A) A Washington resident who does not operate a motor vehicle on
public roads; or
(B) Exempt from the requirement to obtain a Washington state
driver's license under RCW 46.20.025.
(b) For shared or joint ownership, the department will set up
procedures to verify that all owners meet the requirements of this
subsection.
(c) A person falsifying residency is guilty of a gross misdemeanor
punishable only by a fine of five hundred twenty-nine dollars.
(d) The department may adopt rules necessary to implement this
subsection, including rules under which a natural person applying for
registration may be exempt from the requirements of this subsection
where the person provides evidence satisfactory to the department that
he or she has a valid and compelling reason for not being able to meet
the requirements of this subsection.
(8) A vehicle with an expired registration of more than forty-five
days parked on a public street may be impounded by a police officer
under RCW 46.55.113(2).
Sec. 6 RCW 46.37.010 and 2006 c 306 s 1 and 2006 c 212 s 5 are
each reenacted and amended to read as follows:
(1) It is a traffic infraction for any person to drive or move, or
for a vehicle owner to cause or knowingly permit to be driven or moved,
on any highway any vehicle or combination of vehicles that:
(a) Is in such unsafe condition as to endanger any person;
(b) Is not at all times equipped with such lamps and other
equipment in proper working condition and adjustment as required by
this chapter or by rules issued by the Washington state patrol;
(c) Contains any parts in violation of this chapter or rules issued
by the Washington state patrol.
(2) It is a traffic infraction for any person to do any act
forbidden or fail to perform any act required under this chapter or
rules issued by the Washington state patrol.
(3) Nothing contained in this chapter or the state patrol's
regulations shall be construed to prohibit the use of additional parts
and accessories on any vehicle not inconsistent with the provisions of
this chapter or the state patrol's regulations.
(4) The provisions of the chapter and the state patrol's
regulations with respect to equipment on vehicles shall not apply to
implements of husbandry, road machinery, road rollers, or farm tractors
except as herein made applicable.
(5) No owner or operator of a farm tractor, self-propelled unit of
farm equipment, or implement of husbandry shall be guilty of a crime or
subject to penalty for violation of RCW 46.37.160 as now or hereafter
amended unless such violation occurs on a public highway.
(6) It is a traffic infraction for any person to sell or offer for
sale vehicle equipment which is required to be approved by the state
patrol as prescribed in RCW 46.37.005 unless it has been approved by
the state patrol.
(7) The provisions of this chapter with respect to equipment
required on vehicles shall not apply to:
(a) Motorcycles or motor-driven cycles except as herein made
applicable;
(b) Golf carts, as defined in section 3 of this act, operating
within a designated golf cart zone as described in section 4 of this
act, except as provided in section 4(8) of this act.
(8) This chapter does not apply to off-road vehicles used on
nonhighway roads or used on streets, roads, or highways as authorized
under RCW 46.09.180.
(9) This chapter does not apply to vehicles used by the state parks
and recreation commission exclusively for park maintenance and
operations upon public highways within state parks.
(10) Notices of traffic infraction issued to commercial drivers
under the provisions of this chapter with respect to equipment required
on commercial motor vehicles shall not be considered for driver
improvement purposes under chapter 46.20 RCW.
(11) Whenever a traffic infraction is chargeable to the owner or
lessee of a vehicle under subsection (1) of this section, the driver
shall not be arrested or issued a notice of traffic infraction unless
the vehicle is registered in a jurisdiction other than Washington
state, or unless the infraction is for an offense that is clearly
within the responsibility of the driver.
(12) Whenever the owner or lessee is issued a notice of traffic
infraction under this section the court may, on the request of the
owner or lessee, take appropriate steps to make the driver of the
vehicle, or any other person who directs the loading, maintenance, or
operation of the vehicle, a codefendant. If the codefendant is held
solely responsible and is found to have committed the traffic
infraction, the court may dismiss the notice against the owner or
lessee.
Sec. 7 RCW 46.61.687 and 2007 c 510 s 4 are each amended to read
as follows:
(1) Whenever a child who is less than sixteen years of age is being
transported in a motor vehicle that is in operation and that is
required by RCW 46.37.510 to be equipped with a safety belt system in
a passenger seating position, or is being transported in a neighborhood
electric vehicle or medium-speed electric vehicle that is in operation,
the driver of the vehicle shall keep the child properly restrained as
follows:
(a) A child must be restrained in a child restraint system, if the
passenger seating position equipped with a safety belt system allows
sufficient space for installation, until the child is eight years old,
unless the child is four feet nine inches or taller. The child
restraint system must comply with standards of the United States
department of transportation and must be secured in the vehicle in
accordance with instructions of the vehicle manufacturer and the child
restraint system manufacturer.
(b) A child who is eight years of age or older or four feet nine
inches or taller shall be properly restrained with the motor vehicle's
safety belt properly adjusted and fastened around the child's body or
an appropriately fitting child restraint system.
(c) The driver of a vehicle transporting a child who is under
thirteen years old shall transport the child in the back seat positions
in the vehicle where it is practical to do so.
(2) Enforcement of subsection (1) of this section is subject to a
visual inspection by law enforcement to determine if the child
restraint system in use is appropriate for the child's individual
height, weight, and age. The visual inspection for usage of a child
restraint system must ensure that the child restraint system is being
used in accordance with the instruction of the vehicle and the child
restraint system manufacturers. The driver of a vehicle transporting
a child who is under thirteen years old shall transport the child in
the back seat positions in the vehicle where it is practical to do so.
(3) A person violating subsection (1) of this section may be issued
a notice of traffic infraction under chapter 46.63 RCW. If the person
to whom the notice was issued presents proof of acquisition of an
approved child passenger restraint system or a child booster seat, as
appropriate, within seven days to the jurisdiction issuing the notice
and the person has not previously had a violation of this section
dismissed, the jurisdiction shall dismiss the notice of traffic
infraction.
(4) Failure to comply with the requirements of this section shall
not constitute negligence by a parent or legal guardian. Failure to
use a child restraint system shall not be admissible as evidence of
negligence in any civil action.
(5) This section does not apply to: (a) For hire vehicles, (b)
vehicles designed to transport sixteen or less passengers, including
the driver, operated by auto transportation companies, as defined in
RCW 81.68.010, (c) vehicles providing customer shuttle service between
parking, convention, and hotel facilities, and airport terminals,
((and)) (d) golf carts, as defined in section 3 of this act, operating
within a designated golf cart zone as described in section 4 of this
act, and (e) school buses.
(6) As used in this section, "child restraint system" means a child
passenger restraint system that meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. 571.213.
(7) The requirements of subsection (1) of this section do not apply
in any seating position where there is only a lap belt available and
the child weighs more than forty pounds.
(8)(a) Except as provided in (b) of this subsection, a person who
has a current national certification as a child passenger safety
technician and who in good faith provides inspection, adjustment, or
educational services regarding child passenger restraint systems is not
liable for civil damages resulting from any act or omission in
providing the services, other than acts or omissions constituting gross
negligence or willful or wanton misconduct.
(b) The immunity provided in this subsection does not apply to a
certified child passenger safety technician who is employed by a
retailer of child passenger restraint systems and who, during his or
her hours of employment and while being compensated, provides
inspection, adjustment, or educational services regarding child
passenger restraint systems."
Correct the title.
EFFECT: The legislative authority of a city or county may
prohibit the operation of golf carts in designated bicycle lanes that
are within a golf cart zone.
The city or county that authorizes a golf cart zone must clearly
identify the zone with signage that complies with the Department of
Transportation's Manual on Uniform Traffic Control Devices.
Golf carts operated within golf cart zones must be equipped with
reflectors, seat belts, and rearview mirrors.
Accidents that involve golf carts operated within golf cart zones
must be recorded and tracked in compliance with chapter 46.52 RCW.