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ENGROSSED HOUSE BILL NO. 161
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AS AMENDED BY THE FREE CONFERENCE COMITTEE
C 454 L 87
State of Washington 50th Legislature 1987 Regular Session
By Representatives Fisher, Winsley, Walk, Ebersole, Jacobsen, Belcher, Holm, Valle, Cole, Brekke, Leonard, Rasmussen, Bumgarner, Ferguson, May, Grimm and Wang
Read first time 1/19/87 and referred to Committee on Transportation.
AN ACT Relating to motorcycle helmets; and amending RCW 46.37.530, 46.20.505, and 46.20.520.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 4, chapter 232, Laws of 1967 as last amended by section 8, chapter 113, Laws of 1986 and RCW 46.37.530 are each amended to read as follows:
(1) It is unlawful:
(a) For any person to operate a motorcycle or motor-driven cycle not equipped with mirrors on the left and right sides of the motorcycle which shall be so located as to give the driver a complete view of the highway for a distance of at least two hundred feet to the rear of the motorcycle or motor-driven cycle: PROVIDED, That mirrors shall not be required on any motorcycle or motor-driven cycle over twenty-five years old originally manufactured without mirrors and which has been restored to its original condition and which is being ridden to or from or otherwise in conjunction with an antique or classic motorcycle contest, show, or other such assemblage: PROVIDED FURTHER, That no mirror is required on any motorcycle manufactured prior to January 1, 1931;
(b) For any person to operate a motorcycle or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state commission on equipment;
(c) For any person under the age of eighteen years to operate or ride upon a motorcycle or motor-driven cycle on a state highway, county road, or city street unless wearing upon his or her head a protective helmet of a type conforming to rules adopted by the commission on equipment. The helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor-driven cycle is in motion;
(d) For any person to transport a child under the age of five on a motorcycle or motor-driven cycle;
(e) For any person to sell or offer for sale a motorcycle helmet which does not meet the requirements established by the state commission on equipment.
(2) The state commission on equipment is hereby authorized and empowered to adopt and amend rules, pursuant to the administrative procedure act, concerning the standards and procedures for conformance of rules adopted for glasses, goggles, face shields, and protective helmets.
Sec. 2. Section 50, chapter 145, Laws of 1967 ex. sess. as last amended by section 8, chapter 1, Laws of 1985 ex. sess. and RCW 46.20.505 are each amended to read as follows:
Every
person applying for a special endorsement or a new category of endorsement of a
driver's license authorizing such person to drive a motorcycle or a
motor-driven cycle shall pay a motorcycle examination fee which is not
refundable. ((The director of licensing shall prescribe the examination fee
at an amount equal to the cost of administering such examination, but in no
event more than four dollars for the initial or new category examination nor
more than two dollars for a subsequent renewal examination.)) The fee
for the initial or new category examination shall be six dollars and the
subsequent renewal examination shall be four dollars. ((Two)) Four
dollars of the initial or new category examination fee and ((two)) four
dollars of any subsequent fee for a renewal shall be deposited in the
motorcycle safety education account of the highway safety fund.
Sec. 3. Section 5, chapter 77, Laws of 1982 and RCW 46.20.520 are each amended to read as follows:
(1) The director of licensing shall use moneys designated for the motorcycle safety education account of the highway safety fund to implement by July 1, 1983, a voluntary motorcycle operator training and education program. The director may contract with public and private entities to implement this program.
(2) There
is created a motorcycle safety education advisory ((committee)) board
to assist the director of licensing in the development of a motorcycle operator
training education program. The ((committee)) board shall
monitor this program following implementation and report to the director of
licensing as necessary with recommendations including, but not limited to,
administration, application, and substance of the motorcycle operator training
and education program.
The ((committee))
board shall consist of five members appointed by the director of
licensing. Three members of the ((committee)) board, one of whom
shall be appointed ((chairman)) chairperson, shall be active
motorcycle riders or members of nonprofit motorcycle organizations which
actively support and promote motorcycle safety education. One member shall be
a currently employed Washington state patrol motorcycle officer with at least
five years experience and at least one year cumulative experience as a
motorcycle officer. One member shall be a member of the public. The term
of appointment shall be ((determined by the director)) two years.
The ((committee)) board shall meet at the call of the director,
but not less than two times annually and not less than five times during its
term of appointment, and shall receive no compensation for ((their))
services but shall be reimbursed ((their)) for travel expenses
while engaged in business of the ((committee)) board in
accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended.
(3) The ((director
of licensing)) board shall submit a proposed motorcycle operator
training and education program to the director and to the legislative
transportation committee for review and approval on or before ((April 1,
1983)) January 1, 1988.
(4) The priorities of the program shall be in the following order of priority:
(a) Public awareness of motorcycle safety.
(b) Motorcycle safety education programs conducted by public and private entities.
(c) Classroom and on-cycle training.
(d) Improved motorcycle operator testing.