BILL REQ. #:  H-3939.1 

Prefiled 01/07/10. Read first time 01/11/10.   Referred to Committee on Transportation.

     AN ACT Relating to the regulation of local electric carts; amending RCW 35.75.020, 46.04.320, 46.04.400, 46.04.670, 46.61.110, 46.61.125, 46.61.235, 46.61.261, 46.61.755, 46.61.758, 46.61.770, and 46.61.780; adding a new section to chapter 46.04 RCW; and providing an effective date.

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

Sec. 1   RCW 35.75.020 and 2002 c 247 s 8 are each amended to read as follows:
     It shall be unlawful for any person to lead, drive, ride, or propel any team, wagon, animal, or vehicle other than a bicycle, local electric cart, electric personal assistive mobility device, or similar vehicle upon and along any bicycle path constructed within or without the corporate limits of any city or town excepting at suitable crossings to be provided in the construction of such paths. Any person violating the provisions of this section shall be guilty of a misdemeanor.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.04 RCW to read as follows:
     "Local electric cart" means a self-propelled, electrically powered, four-wheeled device whose speed attainable in one mile is less than twenty miles per hour and which is not required to conform to federal regulations under 49 C.F.R. Sec. 571.500.

Sec. 3   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 local electric cart is not considered a motor vehicle.

Sec. 4   RCW 46.04.400 and 2003 c 141 s 5 are each amended to read as follows:
     "Pedestrian" means any person who is afoot or who is using a wheelchair, a power wheelchair, a local electric cart, or a means of conveyance propelled by human power other than a bicycle.

Sec. 5   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 and local electric carts are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16, 46.29, 46.37, or 46.70 RCW.

Sec. 6   RCW 46.61.110 and 2005 c 396 s 1 are each amended to read as follows:
     The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
     (1) The driver of a vehicle overtaking other traffic proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken traffic.
     (2) The driver of a vehicle approaching a pedestrian, local electric cart, or bicycle that is on the roadway or on the right-hand shoulder or bicycle lane of the roadway shall pass to the left at a safe distance to clearly avoid coming into contact with the pedestrian, local electric cart, or bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken pedestrian, local electric cart, or bicyclist.
     (3) Except when overtaking and passing on the right is permitted, overtaken traffic shall give way to the right in favor of an overtaking vehicle on audible signal and shall not increase speed until completely passed by the overtaking vehicle.

Sec. 7   RCW 46.61.125 and 2005 c 396 s 3 are each amended to read as follows:
     (1) No vehicle shall be driven on the left side of the roadway under the following conditions:
     (a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event other traffic might approach from the opposite direction;
     (b) When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
     (c) When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel;
     (d) When a bicycle, local electric cart, or pedestrian is within view of the driver and is approaching from the opposite direction, or is present, in the roadway, shoulder, or bicycle lane within a distance unsafe to the bicyclist, local electric cart operator, or pedestrian due to the width or condition of the roadway, shoulder, or bicycle lane.
     (2) The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in RCW 46.61.100(1)(b), nor to the driver of a vehicle turning left into or from an alley, private road or driveway.

Sec. 8   RCW 46.61.235 and 2000 c 85 s 1 are each amended to read as follows:
     (1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian, local electric cart, or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian, local electric cart, or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section "half of the roadway" means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.
     (2) No pedestrian, local electric cart, or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.
     (3) Subsection (1) of this section does not apply under the conditions stated in RCW 46.61.240(2).
     (4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian, local electric cart, or bicycle to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

Sec. 9   RCW 46.61.261 and 2000 c 85 s 2 are each amended to read as follows:
     The driver of a vehicle shall yield the right-of-way to any pedestrian, local electric cart, or bicycle on a sidewalk. The ((rider)) operator of a bicycle or local electric cart shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk.

Sec. 10   RCW 46.61.755 and 2000 c 85 s 3 are each amended to read as follows:
     (1) Every person riding a bicycle or operating a local electric cart upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in RCW 46.61.750 through 46.61.780 and except as to those provisions of this chapter which by their nature can have no application.
     (2) Every person riding a bicycle or operating a local electric cart upon a sidewalk or crosswalk must be granted all of the rights and is subject to all of the duties applicable to a pedestrian by this chapter.

Sec. 11   RCW 46.61.758 and 1982 c 55 s 8 are each amended to read as follows:
     All hand signals required of persons operating bicycles or local electric carts shall be given in the following manner:
     (1) Left turn. Left hand and arm extended horizontally beyond the side of the bicycle or local electric cart;
     (2) Right turn. Left hand and arm extended upward beyond the side of the bicycle or local electric cart, or right hand and arm extended horizontally to the right side of the bicycle;
     (3) Stop or decrease speed. Left hand and arm extended downward beyond the side of the bicycle or local electric cart.
     The hand signals required by this section shall be given before initiation of a turn.

Sec. 12   RCW 46.61.770 and 1982 c 55 s 7 are each amended to read as follows:
     (1) Every person operating a bicycle or local electric cart upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except as may be appropriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle, local electric cart, or vehicle proceeding in the same direction. A person operating a bicycle or local electric cart upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ((ride)) position themselves as near to the left side of the left through lane as is safe. A person operating a bicycle or local electric cart upon a roadway may use the shoulder of the roadway or any specially designated bicycle lane if such exists.
     (2) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

Sec. 13   RCW 46.61.780 and 1998 c 165 s 17 are each amended to read as follows:
     (1) Every bicycle and local electric cart when in use during the hours of darkness as ((defined)) described in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.
     (2) Every bicycle and local electric cart shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
     (3) Every local electric cart when in use during the hours of darkness as described in RCW 46.37.020 must be equipped with and utilize turn signal indicators that must be plainly visible from both the front and rear of the cart from a distance of five hundred feet.

NEW SECTION.  Sec. 14   This act takes effect July 1, 2010.