_______________________________________________
HOUSE
BILL 2333
_______________________________________________
Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Prefiled 1/3/2000. Read
first time 01/10/2000. Referred to Committee on Transportation.
Clarifying
rights and responsibilities of bicyclists.
AN
ACT Relating to rights and duties of bicyclists; amending RCW 46.61.235,
46.61.261, and 46.61.755; and adding a new section to chapter 46.61 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.61.235 and 1993 c 153 s 1 are each amended to read as follows:
(1)
The operator of an approaching vehicle shall stop and remain stopped to allow a
pedestrian or bicycle to cross the roadway within an unmarked or marked
crosswalk when the pedestrian or bicycle is upon or within one lane of
the half of the roadway upon which the vehicle is traveling or onto which it is
turning. For purposes of this section "half of the roadway" means
all traffic lanes carrying traffic in one direction of travel, and includes the
entire width of a one-way roadway.
(2)
No pedestrian or bicycle shall suddenly leave a curb or other place of
safety and walk, run, or otherwise move into the path of a vehicle which is so
close that it is impossible for the driver to stop.
(3)
Subsection (1) of this section does not apply under the conditions stated in
RCW 46.61.240(2).
(4) Whenever any vehicle is stopped at a marked crosswalk or at any
unmarked crosswalk at an intersection to permit a pedestrian or bicycle
to cross the roadway, the driver of any other vehicle approaching from the rear
shall not overtake and pass such stopped vehicle.
Sec.
2. RCW
46.61.261 and 1975 c 62 s 41 are each amended to read as follows:
The driver of a vehicle shall yield the right of way to any
pedestrian or bicycle on a sidewalk. The rider of a bicycle shall
yield the right of way to a pedestrian on a sidewalk or crosswalk.
Sec.
3. RCW
46.61.755 and 1965 ex.s. c 155 s 80 are each amended to read as follows:
(1)
Every person riding a bicycle upon a roadway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver of a vehicle
by this chapter, except as to special regulations in RCW 46.61.750 through
46.61.780 and except as to those provisions of this chapter which by their
nature can have no application.
(2)
Every person riding a bicycle upon a sidewalk or crosswalk must be granted all
of the rights and is subject to all of the duties applicable to a pedestrian by
this chapter.
NEW
SECTION. Sec. 4. A
new section is added to chapter 46.61 RCW to read as follows:
(1)
A law enforcement officer may offer to transport a bicycle rider who appears to
be under the influence of alcohol or any drug and who is walking or moving along
or within the right of way of a public roadway, unless the bicycle rider is to
be taken into protective custody under RCW 70.96A.120. The law enforcement
officer offering to transport an intoxicated bicycle rider under this section
shall:
(a)
Transport the intoxicated bicycle rider to a safe place; or
(b)
Release the intoxicated bicycle rider to a competent person.
(2)
The law enforcement officer shall not provide the assistance offered if the
bicycle rider refuses to accept it. No suit or action may be commenced or
prosecuted against the law enforcement officer, law enforcement agency, the
state of Washington, or any political subdivision of the state for any act
resulting from the refusal of the bicycle rider to accept this assistance.
(3) The law enforcement officer may impound the bicycle operated by
an intoxicated bicycle rider if the officer determines that impoundment is
necessary to reduce a threat to public safety, and there are no reasonable
alternatives to impoundment. The bicyclist will be given a written notice of
when and where the impounded bicycle may be reclaimed. The bicycle may be
reclaimed by the bicycle rider when the bicycle rider no longer appears to be
intoxicated, or by an individual who can establish ownership of the bicycle.
The bicycle must be returned without payment of a fee. If the bicycle is not
reclaimed within thirty days, it will be subject to sale or disposal consistent
with agency procedures.
