BILL REQ. #:  S-4280.1 

Read first time 02/01/10.   Referred to Committee on Transportation.

     AN ACT Relating to motorcycle helmet use; and amending RCW 46.37.530 and 46.37.535.

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

Sec. 1   RCW 46.37.530 and 2009 c 275 s 5 are each amended to read as follows:
     (1) It is unlawful:
     (a) For any person to operate a motorcycle, moped, or motor-driven cycle not equipped with mirrors on the left and right sides 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, moped, or motor-driven cycle: 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, moped, or motor-driven cycle which 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 under the age of twenty-one years to operate or ride upon a motorcycle, 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 when the vehicle is equipped with all of the following:
     (i) Steering wheel;
     (ii) Seat belts that conform to standards prescribed under 49 C.F.R. Part 571; and
     (iii) Partially or completely enclosed seating area for the driver and passenger that is certified by the manufacturer as meeting the standards prescribed under 49 C.F.R. Sec. 571.216.
     The motorcycle helmet neck or chin strap must be fastened securely while the motorcycle, moped, or motor-driven cycle is in motion. Persons operating electric-assisted bicycles and motorized foot scooters shall comply with all laws and regulations related to the use of bicycle helmets;
     (d) For any person twenty-one years old or older to operate or ride upon a motorcycle, 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 operator (i) is covered by a health insurance plan providing the operator with at least ten thousand dollars in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or (ii) has successfully completed a motorcycle skills education program under chapter 46.81A RCW;
     (e) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;
     (((e))) (f) 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 concerning standards for glasses, goggles, and face shields.
     (3) For purposes of this section and RCW 46.37.535, "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 the manufacturer's certification applied in accordance with 49 C.F.R. Sec. 571.218 indicating that the motorcycle helmet meets standards established by the United States department of transportation.

Sec. 2   RCW 46.37.535 and 1990 c 270 s 8 are each amended to read as follows:
     (1) It is unlawful for any person to rent out motorcycles, motor-driven cycles, or mopeds unless the person also has on hand for rent motorcycle helmets ((of a type conforming to rules adopted by the state patrol)) as defined in RCW 46.37.530.
     (2) It ((shall be)) is unlawful for any person under the age of twenty-one years to rent a motorcycle, motor-driven cycle, or moped unless the person has in his or her possession a motorcycle helmet ((of a type approved by the state patrol, regardless of from whom the helmet is obtained)) as defined in RCW 46.37.530.
     (3) It is unlawful for any person twenty-one years of age or older to rent a motorcycle, motor-driven cycle, or moped unless the person has in his or her possession a motorcycle helmet as defined in RCW 46.37.530, except if the person is (a) covered by a health insurance plan providing the person with at least ten thousand dollars in medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or (b) has successfully completed a motorcycle skills education program under chapter 46.81A RCW.