AN ACT Relating to motorcycle rider safety education; amending RCW 46.68.065; creating a new chapter in Title 46 RCW; and repealing RCW 46.20.520.

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

NEW SECTION. Sec. 1. The definitions set forth in this section apply throughout this chapter.

(1) "Chief instructor" means a licensed motorcycle operator who meets the standards established by the department to qualify to train and oversee instructors for the motorcycle rider education program.

(2) "Motorcycle safety education account" means the restricted receipts account in the highway safety fund created in RCW 46.68.065 to be applied toward the cost of administering the motorcycle rider education program.

(3) "Motorcycle rider education program" means the motorcycle training and information disbursement program created in section 2 of this act.

(4) "Program coordinator" means the person designated by the director to plan, organize, and administer the motorcycle rider education program as provided in section 2 of this act.

(5) "Rider training course" means a motorcycle rider education curriculum and delivery system approved by the department as meeting standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle.

(6) "Training specialist" means the person designated by the director to fulfill the obligations stated in section 2(3) of this act.

NEW SECTION. Sec. 2. (1) The department shall establish standards for and shall administer the motorcycle rider education program. The program shall include, but is not limited to, rider training courses and instructor training. The department may expand the program to include public awareness, alcohol and drug effects, driver improvement for motorcyclists, licensing improvement, program promotion, or other motorcycle safety programs.

(2) The director shall appoint a program coordinator who shall oversee and direct the program by setting program and funding guidelines, and conduct an annual evaluation.

(3) The director may also appoint one or more training specialists who shall assist in establishing rider training courses throughout the state, support and implement program and funding guidelines, and supervise instructors and other personnel as necessary. The training specialist may be a trained chief instructor.

(4) Rider training courses are open to all residents of the state who either hold a current valid driver's license for any classification or who are eligible for a motorcycle learner's permit.

(5) The department shall provide an adequate number of rider training courses to meet the reasonably anticipated needs of all persons in the state who are eligible and who desire to participate in the program. The department shall issue certificates of completion in the manner and form prescribed by the director to persons who satisfactorily complete the requirements of the course. Program delivery may be phased-in over a reasonable period of time.

(6) The department may enter into contracts with either public or private institutions for technical assistance in conducting rider training courses if the course is administered and taught by a trained motorcycle rider instructor as established in section 3 of this act. If necessary, an organization conducting a rider training course may charge a reasonable tuition fee. The department shall determine the largest tuition fee a private organization may charge.

(7) The department shall adopt rules as necessary to carry out the motorcycle rider education program.

NEW SECTION. Sec. 3. (1) The department shall establish standards for an approved motorcycle rider education instructor preparation course. Successful completion of the course shall require the participant to demonstrate knowledge of the course material, knowledge of safe motorcycle operating practices, and the necessary aptitude for instructing students.

(2) The department shall establish minimum requirements for the qualification of a rider education instructor. The minimum requirements shall include, but not be limited to, the following:

(a) The instructor must have a high school diploma or its equivalent;

(b) The instructor must be at least eighteen years of age and must hold a valid motorcycle operator's license or endorsement;

(d) The instructor's driver license must not have been suspended or revoked at any time during the preceding two years;

(e) The instructor must not have any convictions for driving under the influence of alcohol or drugs during the preceding five years;

(f) The instructor must have an approved instructor certificate, which may be a state or motorcycle safety foundation certificate, and the instructor must be registered as a currently active instructor; and

(g) Instructors who are licensed in other states must furnish certified copies of their driving records to the director. An applicant is not eligible for instructor status until his driving record for the preceding five years is furnished.

NEW SECTION. Sec. 4. (1) Money in the motorcycle safety education account shall only be used by the department for administration of the motorcycle rider education program and expenses relating to the program, including but not limited to: Instructor training, licensing improvement, alcohol and drug education, public awareness, a driver improvement program for motorcyclists, technical assistance, program promotion, and other motorcycle safety programs. Funds may also be used for reimbursement of organizations with course sites. The department shall establish standards for disbursement of funds.

(2) Two dollars of the annual registration fee for each registered motorcycle shall be credited to the motorcycle safety education account.

(3) Pursuant to RCW 46.20.505 and 46.20.510 moneys from motorcycle license examinations and renewals and motorcyclist's instruction permits shall be deposited in the motorcycle safety education account.

NEW SECTION. Sec. 5. The director shall by rule establish a motorcycle rider education program advisory committee to assist in the development of the motorcycle rider education program. The committee shall also monitor the program upon its implementation and report to the director as necessary with recommendations including, but not limited to, the administration, application, and substance of the program. The committee shall consist of five members appointed by the director. The committee shall meet at the call of the director. Members serve without compensation for their services, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 6. The insurance commissioner may fix and establish premium charges for admitted insurers so as to provide a ten percent reduction in premium rates for motorcycle liability insurance to qualified licensed motorcycle operators who provide proof of successful completion of a state-approved rider training course.

NEW SECTION. Sec. 7. The director may exempt applicants for a motorcycle operator's license or endorsement from the licensing skills test if they present proof of successful completion of a rider training course that includes a similar test of skills that is approved by the department and licensing officials.

NEW SECTION. Sec. 8. In addition to the fee prescribed by RCW 46.16.060, an additional fee of two dollars for each certificate of registration for a motorcycle or motor-driven cycle and each renewal of registration shall be assessed and collected by the department.

Sec. 9. Section 8, chapter 77, Laws of 1982 and RCW 46.68.065 are each amended to read as follows:

There is hereby created the motorcycle safety education account in the highway safety fund of the state treasury, to the credit of which shall be deposited all moneys directed by law to be credited thereto. All expenses incurred by the director of the department of licensing in administering RCW 46.20.505 through ((~~46.20.520~~)) 46.20.515 and chapter 46.-- RCW (sections 1 through 8 of this act) shall be borne by appropriations from this account.

NEW SECTION. Sec. 10. Section 5, chapter 77, Laws of 1982, section 3, chapter 454, Laws of 1987 and RCW 46.20.520 are each repealed.

NEW SECTION. Sec. 11. Sections 1 through 8 of this act shall constitute a new chapter in Title 46 RCW.