H-847                _______________________________________________

                                                   HOUSE BILL NO. 2141

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Ferguson, R. Fisher, Ballard, Appelwick, Hine, Anderson, Winsley, Cooper, May, Sayan, Doty, Valle, Day, Baugher, Moyer, Schoon, Wolfe, Brooks, Haugen, D. Sommers, Nutley, Nealey, Jacobsen, R. Meyers, Nelson, Walker, Rust, Brekke, Belcher, Scott, Locke, Crane, Cantwell, Zellinsky, Rayburn, Wineberry, Cole, Sprenkle, Wang, H. Sommers, Braddock, Bristow, Dellwo, R. King, Rasmussen, Leonard, Phillips, Silver and Spanel

Read first time 2/24/89 and referred to Committee on Transportation.

AN ACT Relating to motorcycle helmets; amending RCW 46.37.535; and reenacting and amending RCW 46.37.530.

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

        Sec. 1.  Section 4, chapter 232, Laws of 1967 as last amended by section 732, chapter 330, Laws of 1987 and by section 1, chapter 454, Laws of 1987 and RCW 46.37.530 are each reenacted and amended to read as follows:

          (1) It is unlawful:

          (a) For any person to operate a motorcycle or motor-driven cycle not equipped with mirrors on the left and right sides of the motorcycle 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 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 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 eighteen years)) to operate or ride upon a motorcycle or motor-driven cycle on a state highway, county road, or city street unless wearing upon his or her head a protective helmet of a type conforming to rules adopted by the ((commission on equipment)) state patrol.  The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor-driven cycle is in motion;

          (d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;

          (e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state patrol.

          (2) The state patrol is hereby authorized and empowered to adopt and amend rules, pursuant to the administrative procedure act, concerning the standards and procedures for conformance of rules adopted for glasses, goggles, face shields, and protective helmets.

        Sec. 2.  Section 10, chapter 232, Laws of 1967 as last amended by section 733, chapter 330, Laws of 1987 and RCW 46.37.535 are each amended to read as follows:

          It is unlawful for any person to rent out motorcycles unless he also has on hand for rent helmets of a type conforming to rules adopted by the state patrol.

No motorcycle may be rented out unless the person renting it has in his or her possession a helmet of a type approved by the state patrol, regardless of from whom the helmet is obtained.