Passed by the Senate March 11, 2003 YEAS 48 NAYS 1 ________________________________________ President of the Senate Passed by the House April 9, 2003 YEAS 73 NAYS 18 ________________________________________ Speaker of the House of Representatives		CERTIFICATE I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5229 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary
Approved ________________________________________ Governor of the State of Washington		FILED Secretary of State State of Washington

AN ACT Relating to a motorcycle skills education program for three-wheeled motorcycles; amending RCW 46.20.500, 46.20.505, 46.20.515, 46.81A.010, and 46.81A.020; creating a new section; and providing an effective date.

Sec. 1   RCW 46.20.500 and 2002 c 247 s 6 are each amended to read as follows:
     (1) No person may drive either a two-wheeled or a three-wheeled 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 to operate an electric personal assistive mobility device.

Sec. 2 RCW 46.20.505 and 2002 c 352 s 16 are each amended to read as follows:
Every person applying for a special endorsement of a driver's license authorizing such person to drive a two or three-wheeled motorcycle or a motor-driven cycle shall pay a fee of five dollars, which is not refundable. In addition, the endorsement fee for the initial motorcycle endorsement shall not exceed ten dollars, and the subsequent renewal endorsement fee shall not exceed twenty-five dollars, unless the endorsement is renewed or extended for a period other than five years, in which case the subsequent renewal endorsement fee shall not exceed five dollars for each year that the endorsement is renewed or extended. The initial and renewal endorsement fees shall be deposited in the motorcycle safety education account of the highway safety fund.

Sec. 3 RCW 46.20.515 and 2002 c 197 s 1 are each amended to read as follows:
The motorcycle endorsement examination must emphasize maneuvers necessary for on-street operation, including emergency braking and turning as may be required to avoid an impending collision. The examination for a two-wheeled motorcycle endorsement and the examination for a three-wheeled motorcycle endorsement must be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate each type of motorcycle. The department may waive all or part of the examination for persons who satisfactorily complete the voluntary motorcycle operator training and education program authorized under RCW 46.20.520 or who satisfactorily complete a private motorcycle skills education course that has been certified by the department under RCW 46.81A.020.

Sec. 4   RCW 46.81A.010 and 1988 c 227 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Motorcycle skills education program" means a motorcycle rider skills training program to be administered by the department.
     (2) "Department" means the department of licensing.
     (3) "Director" means the director of licensing.
     (4) "Motorcycle" means a ((motorcycle licensed under chapter 46.16 RCW, and does not include motorized bicycles, mopeds, scooters, off-road motorcycles, motorized tricycles, side-car equipped motorcycles, or four-wheel all-terrain vehicles)) 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 farm tractors, electric personal assistive mobility devices, mopeds, motorized bicycles, and off-road motorcycles.

Sec. 5   RCW 46.81A.020 and 2002 c 197 s 2 are each amended to read as follows:
     (1) The director shall administer and enforce the law pertaining to the motorcycle skills education program as set forth in this chapter.
     (2) The director may adopt and enforce reasonable rules that are consistent with this chapter.
     (3) The director shall revise the Washington motorcycle safety program to:
     (a) Institute ((a)) separate novice and advanced motorcycle skills education courses for both ((~~novice and advanced motorcycle riders~~)) two-wheeled and three-wheeled motorcycles that ((is)) are each a minimum of eight hours and no more than sixteen hours at a cost of (i) no more than fifty dollars for Washington state residents under the age of eighteen, and (ii) no more than one hundred dollars for Washington state residents who are eighteen years of age or older and military personnel of any age stationed in Washington state;
     (b) Encourage the use of loaned or used motorcycles for use in the motorcycle skills education course if the instructor approves them;
     (c) Require all instructors for two-wheeled motorcycles to conduct at least three classes in a one-year period, and all instructors for three-wheeled motorcycles to conduct at least one class in a one-year period, to maintain their teaching eligibility;
     (d) Encourage the use of radio or intercom equipped helmets when, in the opinion of the instructor, radio or intercom equipped helmets improve the quality of instruction.
     (4) The department may enter into agreements to review and certify that a private motorcycle skills education course meets educational standards equivalent to those required of courses conducted under the motorcycle skills education program. An agreement entered into under this subsection must provide that the department may conduct periodic audits to ensure that educational standards continue to meet those required for courses conducted under the motorcycle skills education program, and that the costs of the review, certification, and audit process will be borne by the party seeking certification.
     (5) The department shall obtain and compile information from applicants for a motorcycle endorsement regarding whether they have completed a state approved or certified motorcycle skills education course.