S 0388

S‑0388.2 _____________________________________________

SENATE BILL 5113

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Costa, Swecker, Kastama, Fairley, Oke, Gardner, Haugen and Eide

Read first time 01/11/2001. Referred to Committee on Transportation.

_1 AN ACT Relating to the regulation of the use of motorized

_2 scooters; amending RCW 46.20.500, 46.37.530, 46.37.535, 46.61.160,

_3 46.61.710, and 46.04.332; and adding a new section to chapter

_4 46.04 RCW.

_5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6 Sec. 1. RCW 46.20.500 and 1999 c 274 s 8 are each amended to read

_7 as follows:

_8 No person may drive a motorcycle or a motor-driven cycle unless

_9 such person has a valid driver's license specially endorsed by the

10 director to enable the holder to drive such vehicles. However, a

11 person sixteen years of age or older, holding a valid driver's

12 license of any class issued by the state of the person's

13 residence, may operate a moped without taking any special

14 examination for the operation of a moped. No driver's license is

15 required for operation of an electric-assisted bicycle if the

16 operator is at least sixteen years of age. No driver's license is

17 required to operate a motorized scooter. Persons under sixteen

18 years of age may not operate an electric-assisted bicycle.

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_2 Sec. 2. RCW 46.37.530 and 1997 c 328 s 4 are each amended to read

_3 as follows:

_4 (1) It is unlawful:

_5 (a) For any person to operate a motorcycle or motor-driven

_6 cycle not equipped with mirrors on the left and right sides of the

_7 motorcycle which shall be so located as to give the driver a

_8 complete view of the highway for a distance of at least two

_9 hundred feet to the rear of the motorcycle or motor-driven cycle:

10 PROVIDED, That mirrors shall not be required on any motorcycle or

11 motor-driven cycle over twenty-five years old originally

12 manufactured without mirrors and which has been restored to its

13 original condition and which is being ridden to or from or

14 otherwise in conjunction with an antique or classic motorcycle

15 contest, show, or other such assemblage: PROVIDED FURTHER, That

16 no mirror is required on any motorcycle manufactured prior to

17 January 1, 1931;

18 (b) For any person to operate a motorcycle or motor-driven

19 cycle which does not have a windshield unless wearing glasses,

20 goggles, or a face shield of a type conforming to rules adopted by

21 the state patrol;

22 (c) For any person to operate or ride upon a motorcycle, motor-

23 driven cycle, or moped on a state highway, county road, or city

24 street unless wearing upon his or her head a protective helmet of

25 a type conforming to rules adopted by the state patrol except when

26 the vehicle is an antique motor-driven cycle or automobile that is

27 licensed as a motorcycle or when the vehicle is equipped with seat

28 belts and roll bars approved by the state patrol. The helmet must

29 be equipped with either a neck or chin strap which shall be

30 fastened securely while the motorcycle or motor-driven cycle is in

31 motion. Persons operating electric-assisted bicycles or motorized

32 scooters shall comply with all laws and regulations related to the

33 use of bicycle helmets;

34 (d) For any person to transport a child under the age of five

35 on a motorcycle or motor-driven cycle;

36 (e) For any person to sell or offer for sale a motorcycle

37 helmet which does not meet the requirements established by the

38 state patrol.

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_1 (2) The state patrol is hereby authorized and empowered to

_2 adopt and amend rules, pursuant to the Administrative Procedure

_3 Act, concerning the standards and procedures for conformance of

_4 rules adopted for glasses, goggles, face shields, and protective

_5 helmets.

_6 Sec. 3. RCW 46.37.535 and 1990 c 270 s 8 are each amended to read

_7 as follows:

_8 It is unlawful for any person to rent out motorcycles, motor-

_9 driven cycles, motorized scooters, or mopeds unless the person

10 also has on hand for rent helmets of a type conforming to rules

11 adopted by the state patrol.

12 It shall be unlawful for any person to rent a motorcycle, motor-

13 driven cycle, motorized scooter, or moped unless the person has in

14 his or her possession a helmet of a type approved by the state

15 patrol, regardless of from whom the helmet is obtained.

16 Sec. 4. RCW 46.61.160 and 1982 c 55 s 5 are each amended to read

17 as follows:

18 The department of transportation may by order, and local

19 authorities may by ordinance or resolution, with respect to any

20 limited access highway under their respective jurisdictions

21 prohibit the use of any such highway by funeral processions, or by

22 parades, pedestrians, bicycles or other nonmotorized traffic, or

23 by any person operating a motor-driven cycle. Bicyclists and

24 operators of motorized scooters may use the right shoulder of

25 limited-access highways except where prohibited. The department of

26 transportation may by order, and local authorities may by

27 ordinance or resolution, with respect to any limited-access

28 highway under their respective jurisdictions prohibit the use of

29 the shoulders of any such highway by bicycles or motorized

30 scooters within urban areas or upon other sections of the highway

31 where such use is deemed to be unsafe.

32 The department of transportation or the local authority

33 adopting any such prohibitory regulation shall erect and maintain

34 official traffic control devices on the limited access roadway on

35 which such regulations are applicable, and when so erected no

36 person may disobey the restrictions stated on such devices.

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_2 Sec. 5. RCW 46.61.710 and 1997 c 328 s 5 are each amended to read

_3 as follows:

_4 (1) No person shall operate a moped upon the highways of this

_5 state unless the moped has been assigned a moped registration

_6 number and displays a moped permit in accordance with the

_7 provisions of RCW 46.16.630.

_8 (2) Notwithstanding any other provision of law, neither a moped

_9 nor a motorized scooter may ((~~not~~)) be operated on a bicycle path

10 or trail, bikeway, equestrian trail, or hiking or recreational

11 trail.

12 (3) Operation of a moped ((or)), an electric-assisted bicycle,

13 or a motorized scooter on a fully controlled limited access

14 highway or on a sidewalk is unlawful.

15 (4) Removal of any muffling device or pollution control device

16 from a moped is unlawful.

17 (5) Subsections (1), (2), and (4) of this section do not apply

18 to electric-assisted bicycles. Electric-assisted bicycles may have

19 access to highways of the state to the same extent as

20 bicycles. Electric-assisted bicycles may be operated on a

21 multipurpose trail or bicycle lane, but local jurisdictions may

22 restrict or otherwise limit the access of electric-assisted

23 bicycles.

24 NEW SECTION. Sec. 6. A new section is added to chapter 46.04

25 RCW to read as follows:

26 "Motorized scooter" means a two-wheeled device that has

27 handlebars, is designed to be stood or sat upon by the operator,

28 and is powered by either an electric or internal combustion motor

29 that is capable of propelling the device with or without human

30 propulsion.

31 For purposes of this section, a motor-driven cycle, a moped, an

32 electric-assisted bicycle, or a motorcycle is not a motorized

33 scooter.

34 Sec. 7. RCW 46.04.332 and 1979 ex.s. c 213 s 3 are each amended to

35 read as follows:

36 "Motor-driven cycle" means every motorcycle((~~, including every~~

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_1 ~~motor scooter,~~)) with a motor which produces not to exceed five

_2 brake horsepower (developed by a prime mover, as measured by a

_3 brake applied to the driving shaft). A motor-driven cycle does not

_4 include a moped.

‑‑‑ END ‑‑‑

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