[atlas:bill]

AN ACT Relating to regulation of individual mobility transportation devices; amending RCW 46.04.169, 46.04.304, 46.04.320, 46.04.330, 46.04.332, 46.04.670, 35.75.010, 35.75.020, 46.61.710, and 46.20.500; reenacting and amending RCW 43.59.150; adding a new section to chapter 46.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that this state has severe traffic congestion and air pollution problems, particularly in its cities, and finding ways to reduce these problems is of paramount importance. The legislature also finds that providing standards for use of new transportation methods, such as motorized scooters, is vitally important for the safety of every Washington citizen who uses the public highways, trails, and sidewalks of the state. Motorized scooters produce few or no emissions and, therefore, do not contribute to increased air pollution or increase traffic congestion.

It is the intent of the legislature to provide guidelines for the safe use of motorized scooters in order that these devices be available to relieve traffic congestion and air pollution.

NEW SECTION. Sec. 2. A new section is added to chapter 46.04 RCW to read as follows:

(1) "Motorized scooter" means a vehicle that:

(a) Is designed to be operated on the ground with not more than four wheels;

(b) Has handlebars and a foot support or seat for the operator's use;

(d) Is equipped with a power source that is incapable of propelling the vehicle at a speed of greater than twenty-four miles per hour on level ground and:

(i) If the power source is a combustion engine, has a piston or rotor displacement of thirty-five cubic centimeters or less regardless of the number of chambers in the power source; or

(ii) If the power source is electric, has a power output of not more than one thousand watts.

(2) For purposes of this chapter, a motor scooter is not a motorized scooter.

Sec. 3. RCW 46.04.169 and 1997 c 328 s 1 are each amended to read as follows:

"Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour. A motorized scooter is not considered to be an electric-assisted bicycle.

Sec. 4. RCW 46.04.304 and 1990 c 250 s 18 are each amended to read as follows:

"Moped" means a motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than thirty miles per hour on level ground.

The Washington state patrol may approve of and define as a "moped" a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and application to motorized devices which do meet these specific criteria.

A motorized scooter is not considered to be a moped.

Sec. 5. RCW 46.04.320 and 1961 c 12 s 46.04.320 are each amended to read as follows:

"Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. A motorized scooter is not considered to be a motor vehicle.

Sec. 6. RCW 46.04.330 and 1990 c 250 s 20 are each amended to read as follows:

"Motorcycle" means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar, but excluding a farm tractor, a motorized scooter, and a moped.

The Washington state patrol may approve of and define as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance and application to motor vehicles that do meet these specific criteria.

Sec. 7. RCW 46.04.332 and 1979 ex.s. c 213 s 3 are each amended to read as follows:

"Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft). A motor-driven cycle does not include a motorized scooter or a moped.

Sec. 8. RCW 46.04.670 and 1994 c 262 s 2 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, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds shall not be considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles ((~~shall~~)) and motorized scooters are not ((be)) considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW. Motorized scooters are not considered vehicles or motor vehicles for the purposes of chapters 46.20 and 46.29 RCW.

Sec. 9. RCW 35.75.010 and 1965 c 7 s 35.75.010 are each amended to read as follows:

(1) Every city and town may by ordinance regulate and license the riding of bicycles and other similar vehicles upon or along the streets, alleys, highways, or other public grounds within its limits and may construct and maintain bicycle paths or roadways within or outside of and beyond its limits leading to or from the city or town. The city or town may provide by ordinance for reasonable fines and penalties for violation of the ordinance.

(2) Every city and town may by ordinance regulate the riding of motorized scooters and other similar vehicles upon or along the streets, alleys, highways, bicycle paths, sidewalks, or other public grounds within its limits and may set speed limits for motorized scooter use where permitted. However, no motorized scooter is permitted to ride upon a public street or highway where the speed limit exceeds twenty-five miles per hour. The city or town may provide by ordinance for reasonable fines and penalties for violation of the ordinances.

Sec. 10. RCW 35.75.020 and 1965 c 7 s 35.75.020 are each amended to read as follows:

It ((~~shall be~~)) is unlawful for any person to lead, drive, ride, or propel any team, wagon, animal, or vehicle other than a bicycle, motorized scooter, or similar vehicle upon and along any bicycle path constructed within or without the corporate limits of any city or town excepting at suitable crossings to be provided in the construction of such paths. Any person violating the provisions of this section ((~~shall be~~)) is guilty of a misdemeanor.

Sec. 11. RCW 46.61.710 and 1997 c 328 s 5 are each amended to read as follows:

(1) No person ((~~shall~~)) may operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630.

(2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.

(3) Operation of a moped or an electric-assisted bicycle on a fully controlled limited access highway or on a sidewalk is unlawful.

(4) Removal of any muffling device or pollution control device from a moped is unlawful.

(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles may have access to highways of the state to the same extent as bicycles. Electric-assisted bicycles may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric-assisted bicycles.

(6) A motorized scooter may be operated upon a bicycle path or trail, bikeway, equestrian trail, hiking or recreational trail, or sidewalk with the following limitations:

(a) The department of transportation by rule and cities and counties by ordinance may regulate the specific locations where a motorized scooter may or may not be operated and the speed at which it can be operated.

(b) It is unlawful to operate a motorized scooter on a fully controlled limited access highway or upon a public street or highway where the speed limit exceeds twenty-five miles per hour. If the public street or highway has a bicycle lane, a motorized scooter must be operated within that bicycle lane.

(d) It is unlawful for a person to operate a motorized scooter who is not wearing a bicycle or motorcycle helmet.

(e) It is unlawful for a person to operate a motorized scooter while under the influence of an alcoholic beverage or any drug or under the combined influence of an alcoholic beverage and any drug. Violations of this subsection are governed by RCW 46.61.502.

(f) It is unlawful for a manufacturer of a motorized scooter to fail to provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for motorized scooters and that they should contact their insurance company to determine if coverage is provided.

(i) The disclosure must be printed in not less than fourteen point boldface type on a single sheet of paper that contains no information other than the disclosure; and

(ii) The disclosure must include the following language in capital letters: "YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."

(g)(i) It is unlawful to operate a motorized scooter on a public street or highway during times of limited visibility if the motorized scooter is not equipped with, or the operator does not wear, lighting equipment that meets the following requirements:

(A) A white light visible from all distances up to five hundred feet to the front and sides of the motorized scooter;

(B) A red reflector or lighting device, or material of such size or characteristic, mounted to be visible from all distances from one hundred feet up to six hundred feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle; and

(C) A white or yellow reflector or lighting device, or material of such size or characteristic, mounted to be visible from all distances up to two hundred feet to the front of the motorized scooter.

(ii) A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

Sec. 12. RCW 46.20.500 and 1999 c 274 s 8 are each amended to read as follows:

(1) No person may drive a motorcycle or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles.

(2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.

(3) No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle.

(4) No driver's license is required for operation of a motorized scooter if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate a motorized scooter.

Sec. 13. RCW 43.59.150 and 1999 c 372 s 9 and 1999 c 351 s 1 are each reenacted and amended to read as follows:

(1) The Washington state traffic safety commission shall establish a program for improving bicycle, motorized scooter, and pedestrian safety, and shall cooperate with the stakeholders and independent representatives to form an advisory committee to develop programs and create public private partnerships which promote bicycle, motorized scooter, and pedestrian safety. The traffic safety commission shall periodically report and make recommendations to the legislative transportation committee on the progress of the bicycle, motorized scooter, and pedestrian safety committee.

(2) The bicycle and pedestrian safety account is created in the state treasury to support bicycle, motorized scooter, and pedestrian education or safety programs.