AN ACT Relating to bicycle safety; amending RCW 46.04.670, 46.61.990, 46.37.480, and 46.61.750; adding a new section to chapter 47.36 RCW; adding a new section to chapter 43.43 RCW; adding new sections to chapter 43.59 RCW; adding a new section to chapter 46.61 RCW; creating a new section; prescribing penalties; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.43 RCW to read as follows:

Bicycling is popular for all ages. Almost all families now have bicycles. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.

A bicycle awareness program is created within the Washington state patrol. In developing the curriculum for the bicycle awareness program the patrol shall consult with the traffic safety commission and with bicycling groups currently providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six. The patrol shall ensure that each safety educator presenting the bicycle awareness program has received specialized training in bicycle safety education and has been trained in effective defensive bicycle riding skills.

Sec. 2. Section 46.04.670, chapter 12, Laws of 1961 as amended by section 4, chapter 213, Laws of 1979 ex. sess. and RCW 46.04.670 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, ((~~excepting~~)) including bicycles, but not including devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, except that mopeds shall be considered vehicles or motor vehicles for the purposes of chapter 46.12 RCW, but not for the purposes of chapter 46.70 RCW, and bicycles shall not be considered vehicles for the purposes of chapter 46.12 or 46.70 RCW.

Sec. 3. Section 92, chapter 155, Laws of 1965 ex. sess. and RCW 46.61.990 are each amended to read as follows:

Sections 1 through 52 and 54 through 86 of ((~~this amendatory act~~)) chapter 155, Laws of 1965 ex. sess. are added to chapter 12, Laws of 1961 and shall constitute a new chapter in Title 46 of the Revised Code of Washington and sections 54, 55, and 63 as herein amended and RCW 46.48.012, 46.48.014, 46.48.015, 46.48.016, 46.48.023, 46.48.025, 46.48.026, 46.48.041, 46.48.046, 46.48.050, 46.48.060, 46.48.080, 46.48.110, 46.48.120, 46.48.150, 46.48.160, 46.48.340, 46.56.030, 46.56.070, 46.56.100, 46.56.130, 46.56.135, 46.56.190, 46.56.200, 46.56.210, 46.56.220, 46.56.230, 46.56.240, 46.60.260, 46.60.270, 46.60.330, and 46.60.340 shall be recodified as and be a part of said chapter. The sections of the new chapter shall be organized under the following captions: "OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS", "TRAFFIC SIGNS, SIGNALS AND MARKINGS", "DRIVING ON RIGHT SIDE OF ROADWAY‑-OVERTAKING AND PASSING‑-USE OF ROADWAY", "RIGHT OF WAY", "PEDESTRIANS' RIGHTS AND DUTIES", "TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING", "SPECIAL STOPS REQUIRED", "SPEED RESTRICTIONS", "RECKLESS DRIVING, DRIVING WHILE INTOXICATED AND NEGLIGENT HOMICIDE BY VEHICLE", "STOPPING, STANDING AND PARKING", "MISCELLANEOUS RULES", and "OPERATION OF ((~~BICYCLES AND PLAY~~)) NONMOTORIZED VEHICLES". Such captions shall not constitute any part of the law.

NEW SECTION. Sec. 4. The installation of painted reflective stripes along the right edge of roadways can enhance both bicycle and pedestrian safety, but certain types of reflective materials, such as raised pavement markers can cause bicyclists to lose control of their vehicles and fall into the path of oncoming motor vehicle traffic. Therefore it is appropriate to develop uniform guidelines for the installation of reflective edgestripes along urban and rural arterials.

NEW SECTION. Sec. 5. A new section is added to chapter 47.36 RCW to read as follows:

The department of transportation shall, by January 1, 1991, adopt uniform edgestriping standards for principal and minor arterials and collector streets that do not have curbs or sidewalks and are inside urbanized areas or in other areas deemed appropriate by the department. Such arterial and collector streets shall be edgestriped in accordance with the standards by July 1, 1993. The standards shall not require edgestriping in any situation where the result would be a remaining lane width of eight feet, six inches or less.

For the purposes of this section, "urbanized area" means an area designated as such by the United States bureau of census and having a population of more than fifty thousand. Other jurisdictions which install edgestriping material shall do so in a manner not in conflict with the uniform state standard.

Sec. 6. Section 46.37.480, chapter 12, Laws of 1961 as last amended by section 6, chapter 227, Laws of 1988 and RCW 46.37.480 are each amended to read as follows:

(1) No person shall drive any motor vehicle equipped with any television viewer, screen, or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle.

(2) No person shall operate any bicycle or motor vehicle on a public highway while wearing any headset or earphones connected to any electronic device capable of receiving a radio broadcast or playing a sound recording for the purpose of transmitting a sound to the human auditory senses and which headset or earphones muffle or exclude other sounds to both ears. This subsection does not apply to students and instructors participating in a Washington state motorcycle safety program.

(3) This section does not apply to authorized emergency vehicles.

NEW SECTION. Sec. 7. A new section is added to chapter 43.59 RCW to read as follows:

Bicycling is increasing in our state. What used to be simply a children's activity is now a common form of transportation and recreation for children, adults, and families. Increased bicycling has many benefits: It is healthy, nonpolluting, energy efficient, and does not cause wear to the road system. Bicycling is an enjoyable activity that people with a wide range of physical abilities can share. The creation of the state bicycle program specified in section 10 of this act is essential to further the benefits of bicycling to the residents of the state.

NEW SECTION. Sec. 8. A new section is added to chapter 43.59 RCW to read as follows:

(1) The Washington state traffic safety commission is responsible for the initiation and operation of a bicycle program.

(2) To assist the commission in the operation of the bicycle program, a full-time staff position of state bicycle coordinator is established.

(3) The state bicycle coordinator shall coordinate bicycle safety related programs and bicycle tourism programs in all state agencies, encourage the use of bicycling for transportation, assist the department of transportation, and the cites and counties of the state in prioritizing, programming, and developing bicycle-related projects.

NEW SECTION. Sec. 9. A new section is added to chapter 43.59 RCW to read as follows:

The state bicycle coordinator shall:

(1) Gather bicycle program information and resources;

(2) Plan bicycle programs;

(3) Work with other state agencies to develop bicycle programs;

(4) Provide assistance in revising and updating superintendent of public instruction and state patrol bicycle material;

(5) Develop a grant program to distribute funds to local agencies in areas with high bicycle accident rates to create bicycle programs;

(6) Promote the use of bicycle transportation in this state; and

(7) Promote the use of bicycle helmets and other bicycle safety equipment.

NEW SECTION. Sec. 10. A new section is added to chapter 46.61 RCW to read as follows:

(1) After July 1, 1991, it is unlawful:

(a) For a person under the age of sixteen years to operate or ride upon a bicycle not powered by motor on a state highway, county road, city street, or a public sidewalk adjacent to the foregoing unless wearing a protective helmet of a type certified to meet the requirements of standard Z-90.4 of the American National Standards Institute or such subsequent nationally recognized standard for bicycle helmet performance as the state patrol may adopt by rule. The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the cycle is in motion;

(b) For a person to transport a person under the age of sixteen years upon a bicycle or any other cycle not powered by motor on a state highway, county road, city street, or a public sidewalk adjacent to the foregoing unless the person transported is wearing a helmet that meets the requirements in (a) of this subsection;

(c) For the guardian of a person under the age of sixteen years to knowingly allow that person to operate or ride upon a bicycle or any other cycle not powered by motor on a state highway, county road, city street, or a public sidewalk adjacent to the foregoing unless that person is wearing a helmet that meets the requirements in (a) of this subsection. For the purpose of this subsection, "guardian" means a parent, legal guardian, temporary guardian including a babysitter, or any other person who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of sixteen years;

(d) For a person to sell or offer for sale a bicycle helmet that does not meet the requirements established by (a) of this subsection;

(e) For a person to rent a bicycle or cycle not powered by motor for use by a person known by the one renting to be under the age of sixteen years unless the person possesses a helmet that meets the requirements of (a) of this subsection, and the one renting is reasonably satisfied that the person will operate or ride upon the cycle while wearing such a helmet in the manner described in (a) of this subsection. For purposes of this subsection, it is the affirmative duty of persons renting bicycles or any other cycle not driven by motor to inquire concerning the age of persons who will operate or ride upon such cycles.

(2) Failure to comply with the requirements of this section does not constitute negligence. Neither failure to wear a bicycle helmet nor the permission of such failure to occur is admissible as evidence of negligence in any civil action.

(3) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when an operator of a bicycle has been detained for a suspected violation of Title 46 RCW or an equivalent local ordinance or some other offense.

(4) The state patrol shall adopt rules to implement this section.

Sec. 11. Section 79, chapter 155, Laws of 1965 ex. sess. as last amended by section 6, chapter 55, Laws of 1982 and RCW 46.61.750 are each amended to read as follows:

(1) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 through 46.61.780 or section 10 of this act.

(2) During the period from July 1, 1991, to July 1, 1992, a person violating section 10 of this act may be issued a written warning of the violation. Beginning July 1, 1992, a person violating section 10 of this act shall be issued a notice of traffic infraction under chapter 46.63 RCW.

(3) These regulations applicable to bicycles apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein.

NEW SECTION. Sec. 12. Section 1 of this act shall take effect September 1, 1990, but the chief of the Washington state patrol may take any action before that date to ensure that the section is implemented on its effective date. Sections 7 through 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1990.