WSR 11-23-133



[ Filed November 21, 2011, 4:45 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-19-054.

Title of Rule and Other Identifying Information: WAC 204-53-010 Helmet exemption.

Hearing Location(s): General Administration Building Auditorium, on December 27, 2011, at 12:00.

Date of Intended Adoption: January 2012.

Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail WSP, fax (360) 596-4015, by December 26, 2011.

Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by December 23, 2011, (360) 596-4017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: With the passage of HB 1328, the legislature clarified when helmet requirements are temporarily suspended. Changes to chapter 204-53 WAC may include, but may not be limited to updating the language to mirror language recently amended in RCW 46.61.613.

Reasons Supporting Proposal: Updates will reflect recent changes to RCW and provide cleanup to existing language.

Statutory Authority for Adoption: RCW 46.37.005.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504, (360) 596-4017; and Enforcement: Washington State Patrol, P.O. Box 42600, Olympia, WA 98504, (360) 596-4000.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change will not impact a small business.

A cost-benefit analysis is not required under RCW 34.05.328. Not a significant rule as defined in the RCW.

November 21, 2011

John R. Batiste



AMENDATORY SECTION(Amending Order 90-004, filed 2/11/91, effective 3/14/91)

WAC 204-53-010   Helmet exemption -- Antique motor-driven cycle.   ((As provided by RCW 46.37.530 (1)(c), a person operating or riding upon an antique motor-driven cycle is not required to use a protective helmet.)) As the term is used in RCW 46.37.530 (1)(c) and this section, an antique motor-driven cycle is a motor-driven cycle not less than forty years old 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)) on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction. Further, an antique motor-driven cycle ((shall)) will not be powered by a motor which produces more than five brake horsepower as defined in RCW 46.04.332.

[Statutory Authority: RCW 46.37.530(2). 91-05-019 (Order 90-004), 204-53-010, filed 2/11/91, effective 3/14/91.]

Washington State Code Reviser's Office