HOUSE BILL REPORT

                  HB 2333

                    As Passed Legislature

Title:  An act relating to rights and duties of bicyclists.

Brief Description:  Clarifying rights and responsibilities of bicyclists.

Sponsors:  Representatives Schual‑Berke, Dickerson, Carlson, Hurst and D. Sommers.

Brief History:

  Committee Activity:

Transportation:  1/26/00, 1/27/00 [DP].

Floor Activity:

Passed House:  2/8/00, 92-5.

Passed Senate:  2/29/00, 39-6.

Passed Legislature.

                 Brief Summary of Bill

$Bicycle riders have the same status as pedestrians on sidewalks or in crosswalks.

$Procedures are provided for law enforcement when confronting a bicycle rider who is impaired by alcohol or drugs.

HOUSE COMMITTEE ON TRANSPORTATION

Majority Report:  Do pass.  Signed by 24 members:  Representatives Fisher, Democratic Co-Chair; Mitchell, Republican Co-Chair; Cooper, Democratic 1st Vice Chair; Edwards, Democratic 2nd Vice Chair; Ericksen, Republican Vice Chair; Hankins, Republican Vice Chair; Fortunato; Haigh; Hatfield; Hurst; Lovick; McDonald; Mielke; Morris; Murray; Ogden; Pflug; Radcliff; Romero; Schindler; Scott; Skinner; Wood and Woods.

Staff:  Penny Nerup (786-7335).

Background:

Currently, no statute identifies the legal status of bicyclists when they are on a sidewalk or in a crosswalk.  In June 1999, the Washington Supreme Court found that the protection afforded pedestrians in crosswalks, marked or unmarked, was extended to bicyclists when they are within a crosswalk.  There is also no law that provides guidance to law enforcement when confronting a bicycle rider who is impaired by alcohol or drugs.

Summary of Bill:

This bill affects the rights and duties of bicyclists in two ways.  First, the holding in Pudmaroff v. Allen, 138 Wn.2d 55 (1999), is codified.  Bicyclists in a crosswalk have all the rights and duties of pedestrians; drivers of vehicles must yield the right-of-way.  Similarly, bicyclists also have all the rights and duties of pedestrians on sidewalks.  However, bicyclists must yield the right-of-way to pedestrians when they are in crosswalks or on sidewalks.

Second, law enforcement officers may transport bicyclists impaired by alcohol or any drug to a safe place or release the rider to a competent person.  If assistance is refused by the rider, no lawsuit may later be brought against a governmental agency for acts resulting from the refusal.  Procedures are identified under which an officer may impound an impaired rider's bicycle.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill will codify a recent ruling of the Washington Supreme Court.

Testimony Against:  None.

Testified:  (Support) Michael Temple, Bicycle Alliance of Washington; and John Moffat, Washington Traffic Safety Commission.