On page 3, line 19, after "
RCW 46.63.110(3)" insert "
when an affirmative determination is made by the law enforcement officer who determines that a violation of this subsection (2) occurred that the individual traveling as a pedestrian or on a bicycle, riding an animal, or using a farm tractor or implement of husbandry without an enclosed shell was not in violation of an offense under this chapter at the time the violation of this subsection (2) occurred"