BILL REQ. #:  H-0127.3 

Read first time 01/19/09.   Referred to Committee on Transportation.

     AN ACT Relating to enclosed, three-wheeled passenger vehicles; amending RCW 46.04.330; reenacting and amending RCW 46.20.500; adding a new section to chapter 46.04 RCW; and adding a new section to chapter 44.28 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.04 RCW to read as follows:
     "Enclosed, three-wheeled passenger vehicle" means a vehicle that has three wheels in contact with the ground, an enclosed passenger seating area, a steering wheel utilized to maneuver the vehicle, and a motor unit or power train that is either in front or behind the driver, and is manufactured at a minimum of one hundred vehicles annually.

Sec. 2   RCW 46.04.330 and 2003 c 141 s 3 are each amended to read as follows:
     "Motorcycle" means a motor vehicle designed to travel on not more than three 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 a farm tractor, a power wheelchair, an electric personal assistive mobility device, an enclosed, three-wheeled passenger vehicle, and a moped.
     The Washington state patrol may approve of and define as a "motorcycle" 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.

Sec. 3   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, 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.
     (6) A person holding a valid driver's license may operate an enclosed, three-wheeled passenger vehicle without a motorcycle endorsement.

NEW SECTION.  Sec. 4   A new section is added to chapter 44.28 RCW to read as follows:
     Before the 2014 legislative session, the joint committee shall review and recommend to the legislature whether to maintain or repeal the motorcycle endorsement exemption for enclosed, three-wheeled passenger vehicles contained in RCW 46.20.500.