HomeMy WebLinkAboutCOW 2004-09-27 Item 4F - Ordinance - Use of Motorized Scooters, Pocket Bikes and EPAMDs CO UNCIL AGENDA SY]VOP$I$
I ..~.~..ij~1 .................................. Initials ................................. ITEMNO.
~ Meeting Date Prepared ,by Mayor's
Goundl
08/09/04 LL
~~ 09/20/0,4 LL
ITEM INFORMATION
CAS NUMBER: 04-116 I ORIGINALAGENDADATE: 8/9/04
AGENDA I'rEM TrrLE Ordinance Regulating Motorized Scooters and EPAMDs
CATEGORY [] Discussion [] Motion [] Resolution [] Ordinance [] Bid Avaard [] Pubic Heating [] Other
Mt, g Date 9/20/04 Mtg Dau Mtg Date Mtg Date 9/20/04 Mtg Date Mtg Date Mtg Date
SPONSOR [] Counc~ [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Lee~al []
SPONSOR'S This ordinance regulates the operation of motorized scooters, electric personal-assistive
SUMND\RY devices, and pocket bikes within the City as allowed by State law.
REVIEWED BY [] COW Mtg. [] CA&P Cmte [] F&S Cmte [] Transportation Cmte
[] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE: 8/g/04
RECOMMENDATIONS:
SI'ONSOR/ADMIN. Recommend ordinance for adoption
COMMITfEE
COST'IMPACT/FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/9/04 COW
g/;['7,/04
MTG. DATE ATTACHMENTS
8/9/04 Memo dated August 3rd from L. Lauterbach
' ' Draft ordinance regulating motor scooters
· Minutes from Finance and Safety Committee dated 8/3/04
9/27/04 Memo dated September 13,2004 from L. Lauterbach
:' Revised draft ordinance
' ' RCW language about motor scooters and mopeds
To: City Council
From: Lucy Lauterbach
Date: September 13, 2004
Subject: Back to Motor Scooters
In August you considered an ordinance that regulated motor scooters in Tukwila. You made
comments about who would enforce the ordinance, and about mopeds and recently-discovered
pocket bikes shown in ads for motor scooters.
Chief Haines expressed a preference for outlawing the small and short pocket bikes. The draft
before you has defined pocket bikes and does not allow them on public streets and trails. It does
not address mopeds, which are defined and regulated in state law, a copy of which I've included
here. Other changes clarify some sections.
I did receive a call from a responsible adult on Poverty Hill whose nephew or grandson (age 14)
had a pocket bike and who was having a great deal of fun tiding it on Poverty Hill. She herself
expressed an interest in buying one because she said she had such a good time tiding when it was
loaned to her. That is the only call I've received, except for one f~om an apartment owner who
didn't like residents tiding scooters within her complex.
The motor scooters and pocket bikes are cheap and easy to tide. Parent like their kids to ride
them because it means parents don't have to drive their kids so much. That must be balanced
against their being a threat to the safety of other vehicles. With the rainy weather we're having
now, scooter use may be down naturally,
Passage of this ordinance will give the police department another tool in addressing people who
are irresponsible in tiding their scooters. If people are responsible and careful in tiding their
scooters, they are not a problem and can be used. However, if riders are not obeying laws, this
ordinance will allow the police to stop their unlawful behavior.
The main changes from the prewous draft ordinance you saw are removing the prohibition on
public school grounds as we cannot regulate them, and adding a section on pocket bikes.
Penalties were not changed. Looking at other cities' penalties, Stanwood's penalties are what are
proposed in this ordinance; Lake Stevens charges $47 on the third offense only, Wenatchee
charges $50 for any offense, and Renton charges violations as traffic violations, which could be
as high as $100 per offense. It is your choice to change the penalties if you see the need to do so.
14
4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; ESTABLISHING NEW REGULATIONS REGARDING
THE USE OF MOTORIZED FOOT SCOOTERS, POCKET BIKES AND
EPAMDs; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN
`t EFFECTIVE DATE.
WHEREAS, RCW 46.61.710 has authorized the use of motorized foot scooters,
pocket bikes and EPAMDs, yet has allowed local jurisdictions to regulate their use
within each city; and
WHEREAS, the City of Tukwila is concerned about traffic and pedestrian safety, as
well as the safety of all its citizens; and
WHEREAS, Tukwila chooses to regulate the use of motorized foot scooters, pocket
bikes and EPAMDs in order to protect the health, safety, and welfare of its citizens;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations established. Tukwila Municipal Code Chapter 934 is
hereby established to read as follows:
CHAPTER 9.34
OPERATION OF MOTORIZED FOOT SCOOTERS,
POCKET BIKES AND EPAMDs
Sections:
9:34.010 Definitions
934.020 Areas of Operation
0
9.34.30 General Requirements and
q Operation
r s 934.040 Prohibited Areas
9.34.050 Requirements for Operating Motorized Foot Scooters,
Pocket Bikes and EPAMDs
22 :4 934.060 Responsibility
934.070 Application to Other Devices
934.080 Violation and Penalties
934.010 Definitions
For the purposes of TMC Chapter 934, the following definitions shall apply:
A. "EPAMD" is an electric, personal assistive mobility device, which is a self-
balancing device with two wheels not in tandem, designed to transport only one person
by an electric propulsion system with an average power of 750 watts (one horsepower),
having a maximum speed on a paved surface of less than 20 mph (miles per hour),
'1' when powered solely by such a propulsion system.
B. "Motorized foot scooter" means a device with no more than two 10- inch -or-
smaller diameter wheels, that has handlebars, is designed to be stood or sat upon by the
operator, and is powered by an internal combustion engine or electric motor that is
capable of propelling the device with or without human propulsion. A motor- driven
cycle, a moped, an electric- assisted bicycle or a motorcycle is not a motorized foot
scooter.
Motor Scooters 9/24/04 1 of 4
C. "Pocket bike" (also known as mini mato. originally designed for use on closed
tracks) is a two -stroke engine driven motorcycle with an engine displacement equal to
or less than 49cc. ranging in size from 16 to 37 inches tall
934.020 Areas of Operation
A. Except as otherwise provided in TMC Chapter 9.34, motorized foot scooters
may be operated on roads and road shoulders where the speed limits are 25 mph or
less.
=z B. EPAMDs may be operated on roads and road shoulders where the speed limits
are 25 mph or less, and on bicycle lanes, sidewalks and alleys. They are prohibited in
City parks, on school playgrounds, and on multiple -use trails within the City.
C. Pocket bikes are prohibited from operation on any street road or byway
publicly maintained and open to the public for vehicular travel.
9.34.030 General Requirements and Operation
A. Motorized Foot Scooters.
g'•-= 1. No person may operate a motorized foot scooter on a public byway unless
y< P Y P P Yw Y
such person is 16 years or older.
2. Any person operating a motorized foot scooter or similar device shall obey
all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions
of official traffic control signals, signs and other control devices applicable to vehicles,
unless otherwise directed by a police officer.
-0/3 3. It shall be unlawful to operate a motorized foot scooter or similar device
s;
other than as dose as practicable to the right -hand curb or right edge of the roadway.
je
4. When preparing for a left turn, the motor scooter operator shall stop and
dismount as dose as practicable to the right -hand curb or right edge of the roadway
and complete the turn by crossing the roadway on foot, subject to the restrictions placed
on pedestrians in RCW Chapter 46.61.
5. No motorized foot scooter shall be operated with any passengers in
addition to the operator.
6. No motorized foot scooter shall be operated between the times of sunset
and sunrise.
7. No motorized foot scooter shall be operated without the operator wearing
a properly fitted and fastened helmet, that meets or exceeds safety standards adopted
by Standard Z -90.4 set by the American National Standards Institute (ANSI).
l.:
8. Prohibited Areas. It is unlawful for any person to operate or ride upon a
motorized foot scooter or similar device in any of the following areas:
a. Parks, including sidewalks, streets, paths, trails and similar travel
ways.
b. Multi-use trails, including all City and regional recreational trails in
the City.
c. Sidewalks within the City limits.
d. Public school playfields or public school playgrounds.
e. Roads with speeds over 25 mph.
B. Electric Personal Assistive Mobility Device (EPAMD)
1. A person operating an electric, personal- assistive mobility device
(EPAMD) shall obey all speed knits and shall yield the right -of -way to pedestrians and
human- powered devices at all times. An operator must also give an audible signal
before overtaking and passing a pedestrian. Persons operating an EPAMD have all the
rights and duties of a pedestrian, though they must follow rules of the road when
traveling on the roadway.
Motor Scooters 9/24/04 2 of 4
2. EPAMDs on roadways should ride as close as practicable to the right side
of the road.
3. EPAMD operators should dismount their device on the right side of the
road and cross the road at an intersection as a pedestrian would if making a left hand
turn.
4. No EPAMD shall be operated between the times of sunset and sunrise,
unless onerated as a mobility assistant for a disabled occunant in which case lights and
reflectors must be properly installed per RCW 46.04.
5. No EPAMD shall be operated with any passengers in addition to the
operator.
6. No EPAMD shall be operated without the operator wearing a properly
fitted and fastened helmet that meets or exceeds safety standards adopted by Standard
Z -90.4 set by the American National Standards Institute (ANSI\.
7. All operators of EPAMDs shall follow State law as found in RCW
46.61.710, detailing that they have the rights and duties of a pedestrian unless otherwise
regulated in this section.
C. Pocket Bikes. Pocket bikes are prohibited on any public roadways, trails or
public property unless they are legally registered with the Washington State
Department of Motor Vehicles as a street -legal motorcycle.
9.34.040 Requirements for Operating Motorized Foot Scooters,
Pocket Bikes and EPAMDs
A. It is unlawful to operate a motorized foot scooter, pocket bike or EPAMD in a
negligent or unsafe manner. They shall be operated with reasonable regard for the
safety of the operator and other persons. Examples of operating in a negligent manner
include, but are not limited to, failure to obey all traffic control devices, or failure to
yield right -of -way to pedestrians and /or vehicular traffic.
Every internal combustion engine -driven foot scooter or pocket bike shall at all
times be equipped with a muffler in good working order and in constant operation to
L'.
prevent excessive or unusual noise.
C. The use of a cutout, bypass, or similar muffler elimination device is prohibited
on any motorized foot scooter or pocket bike.
D. Motorized foot scooters shall be equipped in such a manner that the drive
:ii.
motor is engaged through a switch, lever, or other mechanism that, when released, will
cause the drive motor to disengage or cease to function.
E. It is unlawful to operate on a public roadway or on public property with a
motorized foot scooter or pocket bike that has had factory- installed brakes removed or
x: altered to the extent that the braking device is ineffective. Brakes on motorized foot
`'�•f' scooters and pocket bikes must enable the operator to make the braked wheels skid on
>e` dry, level and clean pavement.
F. Handlebars on a motorized foot scooter or pocket bike must not exceed the
shoulders of the operator.
G. Noise Restrictions:
1. Motorized foot scooters, pocket bikes and EPAMDs must comply with the
provisions in TMC Chapter 522, "Noise."
2. No motorized foot scooter, pocket bike or EPAMD shall emit frequent,
repetitive or continuous sounding of any horn or siren, except a warning of danger
or as specifically permitted or required by law.
3. No motorized foot scooter. pocket bike or EPAMD shall allow squealing,
screeching or other sounds from scooter tires coming in contact with the ground or
pavement because of rapid acceleration, braking or excessive speed around corners or
because of such other reason not connected with avoiding danger.
Motor Scooters 9/24/04 3 of 4
'1"
9.34.050 Responsibility
No person shall perform any act forbidden by TMC Chapter 934 nor fail to
perform any act required in TMC Chapter 934. It is unlawful for any parent, guardian
or other person having control or custody of a minor child to allow said minor to
operate a motorized foot scooter,nocket bike or EPAMD in violation of TMC Chapter
934.
9.34.060 Application to Other Devices
The provisions of TMC Chapter 934 regarding motorized foot scooters, pocket
bikes and EPAMDs apply to any device that
1. Matches the definition of a motorized foot scooter, except for the number
or size of the device's wheels; and
2. Matches the definition of a rocket bike. except for slightly different size,
3. Cannot be defined as a motor -driven cycle, a moped, an electric- assisted
bicyde or a motorcycle.
9.34.070 Violations and Penalties
A. The City of Tukwila Police Department personnel shall be responsible for
enforcing the provisions of TMC Chapter 934.
:ye B. Upon determining a violation of TMC Chapter 9.34 has occurred, law
enforcement officers may, at their discretion, issue a civil infraction in the amounts
specified in TMC 934.070.0 to any person including a parent or guardian violating
any of the provisions of TMC Chapter 934. In any case, the amount shall not exceed
$250.
C. The following monetary penalties shall apply:
1. First offense in a 365 -day period $40.
2. Second offense in a 365 -day period $80.
3. Third and future offenses in a 365 -day period $250.
Section 2. Severability. If any section, subsection, paragraph, sentence, dause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICA.hll:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Motor Scooters 9/24/04 4 of 4
46.04.320 Title 46 RCW: Motor Vehicles
46.04.320 Motor vehicle. Re','iser's note~ This section was amended by 2003 c 141 § 4 anti by
46.04.330 Motorcycle. 2003 c 353 ~ 7. each without reference to the t~ther. Both amendments are
46.04.332 Motor-driverl cycle, incorporated in the publication of this section under RCW 1.12.025121. F~lr
46.04.336 Motorized foot scooter, rule of conslrttction, see RCW I.I 2.02511 ).
46.04.357 Neighborhood electric vehicle.
46.04.41)0 Pedestrian. Effective date-.--2003 c 353: See note fi~ll{~wing RCW 46.04.32{I.
46.04.415 Power wheelchair. Legislative review--2002 c 247: See note following RCW 46.04.1695.
46.04-.670 Vehicle. Effective date---1963 c 154: See note lbllowing RCW 46.37.1110.
46.04.320 Motor vehicle. "Motor vehicle" means every 46.04.336 Motorized foot scooter. "Motorized foot
vehicle that is self-propelled and every vehicle that is pro- scooter" means a device with no more than two ten-inch or
pelled by electric power obtained from overhead trolley smaller diameter wheels that has handlebars, is designed to
wires, but not operated upon rails. "Motor vehicle" includes be stood or sat upon by the operator, and is powered by an
a neighborhood electric vehicle as defined in RCW internal combustion engine or electric motor that is capable
46.04.357. An electric personal assistive mobility device is of propelling the device with o.r without human propulsitm.
not considered a motor vehicle. A power wheelchair is not For purposes of this section, a motor-driven cycle, a
considered a motor vehicle. [2003 c 353 § 1; 2003 c 141 § 2: moped, an electric-assisted bicycle, or a motorcycle is not a
2002 c 247 § 2:1961 c 12 § 46.04.320. Prior: 1959 c 49 § motorized foot scooter. [2003 c 353 § 6.]
33; 1955 c 384 § 10; prior: (i) 1943 c 153 § 1, part; 1937 c Effectivedate--2003 c353: Seenote following RCW 46.04.320.
188 § 1, part: Rem. Supp. 1943 § 6312-1. part: 1923 c 18l §
1, part; i921 c 96 § 2, part: 1919 c 59 § 1, part; 1917 c 155 § 46.04,357 Neighborhood electric vehicle. Ne'ghbor-
1. part; 1915 c 142 § 2, part; RRS § 6313, part. (ii) 1937 c hood electric vehicle" means a self-propelled, electrically
189 § 1, part; RRS § 6360-1, part: 1929 c 180 § l, part: 1927 powered four-wheeled motor vehicle whose speed attainable
c 309 § 2, part; RRS § 6362-2, part.] in one mile is more than twenty miles per hour and not more
Revlser's note: This section was amended by 2003 c 141 § 2 and by than twenty-five miles per hour and conforms to federal reg-
2003c353§ l, each without reference to the other Both amendlnents are ulationsunderTitle49C.F.R. Part571.500. [2003c353§2.]
incorporatedin thepublicationofthissectiogunderRCW 1.12.025(2). For
Effective date---2003 c 353: See note following RCW 46.04.32{).
rule of construction, see RCW 1.12.025( 1 ).
Effective date--2003 ¢ 353: "This act takes effect August I 2003."
[2003c353§ 12.1 46.04.400 Pedestrian. "Pedestrian" means any person
who is afoot or who is using a wheelchair, a power wheel-
Legislative review--2002 c 247: See note li~llowing RCW 46.04. I695. chair, or a means of conveyance propelled by human power
other than a bicycle. [2003 c 141 § 5; 1990 c 241 § 1; 1961 c
46.04.330 Motorcycle. "Motorcycle" means a motor 12 § 46.04.400. Prior: 1959 c 49 § 41; prior: 1937 c 189 §
vehicle designed to travel on not more than three wheels in [, part; RRS § 6360-1, part.]
contact with the ground, on which the driver fides astride the
motor unit or power train and is designed to be steered with a 46.04.415 Power wheelchair. "Power wheelchair"
handle bar. but excluding a farm tractor, a power wheelchair, means any self-propelled vehicle capable of traveling no
an electric personal assisfive mobility device, and a moped, more than fifteen miles per hour, usable indoors, designed as
The Washington state patrol may approve of and define a mobility aid for individuals with mobility impairments, and
as a "motorcycle" a motor vehicle that fails to meet these spe- operated by such an individual. [2003 c 141 § 1.]
cific criteria, but that is essentially similar in performance
and application to motor vehicles that do meet these specific Wheelchair con['eyance: RCW 46.04. 710.
criteria. [2003 c 141 § 3; 2002 c 247 § 3; 1990 c 250 § 20; 46.04,670 Vehicle. "Vehicle" includes every device
1979 ex.s. c 213 § 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49
§ 34; prior: ti) 1943 c 153 § 1, part; 1937 c 188 § 1, part; capable of being moved upon a public highway and in, upon,
Rem. Supp. 1943 § 6312-1, part; 1923 c 181 § 1, part; 1921 c or by which any persons or property is or may be transported
96 § 2, part; 1919 c 59 § 1, part: 1917 c 155 § 1, part; 1915 c or drawn upon a public highway, including bicycles. The
term does not include power wheelchairs or devices other
142 § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; than bicycles moved by human or animal power or used
RRS § 6360-I, part; 1929 c 180 § 1. parr; 1927 c 309 § 2. exclusively upon stationary rails or tracks. Mopeds shall not
part; RRS § 6362-2, part.] be considered vehicles or motor vehicles for the purposes of
Legislative review--2002e247: See rune followingRCW46.04.1695, chapter 46.70 RCW Bicycles shall not be considered vehi-
Severability--1990 c 250: See note tbllowing RCW 46.16.301 c[es for the purposes of chapter 46.12.46. l 6. or 46.70 RCW.
Electric personal assistive mobility devices are not consid-
46.04.332 l~'lotor-driven cycle. "Motor-driven cycle' ered vehicl¢s or motor vehicles for the purposes of chapter
means every motorcycle, including every motor scooter, with 46.12. 46.16. 46.29. 46.37. or 46.70 RCW. [2003 c 141 § 6;
a motor that produces not to exceed five brake horsepower 2002 c 247 § 5:1994 c 262 § 2; 1991 c 214 § 2; t979 ex.s. c
(developed by a prime mover, as measured by a brake applied 213 § 4:1961 c 12 § 46.04.670. Prior: 1959 c 49 § 72; prior:.
to the driving shaft). A motor-driven cycle does not include ti) 1943 c 153 § 1. part; 1937 c 188 § l, part; Rem. Supp-
a moped, a power wheelchair, a motorized foot scooter, or an 1943 § 6312- l, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1-
electric personal assistive mobility device, [2003 c 353 § 7; part; 1929 c 180 § l, part: 1927 c 309 § 2, part; RRS § 6362-
2003c 141 § 4;2002 c247 § 4; 1979 ex.s.c 213 § 3; 1963c 2, part.]
154 § 28.1 Legislative review--2002 c 247: See note following RCW 46 04. 695.
[2003 RCW Supp---page 6061
Definitions 46.04.304
"~ 46.04.304 Moped. "Moped" means a motorized contact with the ground, on which the driver rides astride the
device designed to travel with not more than three sixteen- motor unit or power train and is designed to be steered with
inch or larger diameter wheels in contact with the ground, a handle bar, but excluding a farm tractor, an electric
having fully operative pedals for propulsion by human personal assistive mobility device, and a moped.
power, and an electric or a liquid fuel motor with a cylinder The Washington state patrol may approve of and define
displacement not exceeding fifty cubic centimeters which as a "motorcycle" a motor vehicle that fails to meet these
produces no more than two gross brake horsepower (devel- specific criteria, but that is essentially similar in performance
oped by a prime mover, as measured by a brake applied to and application to motor vehicles that do meet these specific
the driving shaft) that is capable of propelling the device at criteria. [2002 e 247 § 3; 1990 c 250 § 20; 1979 ex.s. c 213
not more than thirty miles per hour on level ground. § 2; 1961 c 12 § 46.04.330. Prior: 1959 c 49 § 34; prior:
The Washington state patrol may ~pprove of and define (i) 1943 e 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp.
as a "moped" a vehicle which fails to meet these specific 1943 § 6312-1, part; 1923 e 181 § 1, part; 1921 c 96 § 2,
criteria, but which is essentially similar in performance and part; 1919 e 59 § 1, part; 1917 c 155 § 1, part; 1915 e 142
application to motorized devices which do meet these § 2, part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS.
specific criteria. [1990 c 250 § 18; 1987 c 330 § 702; 1979 § 6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part;
ex.s. c 213 § 1.] RRS § 6362-2, part.]
Severabliity--L090 c 250: See note following RCW 46.16.301. Legislative review--2002 c 247: See note following RCW
Construction--Application of rules----Severabillty-~1987 e 330: 46.04.1695.
Se~ notea following RCW 28B.12.050~ Severability--1990 ¢ 250: See note following RCW 46.16.301.
46.04.305 Motor homes. "Motor homes" means 46.04.332 Motor-driven cycle. "Motor-driven cycle"
motor vehicles originally designed, reconstructed, or perma- means every motorcycle, including every motor scooter, with
nently altered to pgovide facilities for human habitation, a motor that produces not to exceed five brake horsepower
which include lodging and cooking or sewage disposal, and (developed by a prime mover, as measured by a brake
is enclosed within a solid body shell with the vehicle, but plied to the driving shaft). A motor-driven cycle does not
excludes a camper or like unit constructed separately and include a moped or an electric personal asaistive mobility
affixed to a motor vehicle. [1990 c 250 § 19; 1971 ex.s. c device. [2002 c 247 § 4; 1979 ex.s. c 213 § 3; 1963 c 154
231 § 3.] § 28.1
Severabllity--1990 e 250: See note fogowing RCW 46.16.301. Legislative review--2002 c 247: See note following RCW
Effective date--1971 ex.s. c 231: See note following RCW 46.04.1695.
46.01.130~ Effective date---1963 c 154: See note following RCW 46.37.010.
46.04.310 Motor truck. "Motor track" means any 46.04.340 Muffler. "Muffler" means a device
motor vehicle designed or used for the transportation of consisting of a series of chambers, or other mechanical
commodities, merchandise, produce, freight, or animals, designs for the purpose of receiving exhaust gas from an
[1961 c 12 § 46.04.310. Prior: 1959 c 49 § 32; prior: (i) internal combustion engine and effective in reducing noise
1943 c 153 § 1, part; 1937 c 188 § 1, part; Rem. Supp. 1943 resulting therefrom. [1961 c 12 § 46.04.340. Prior: 1959
§ 6312-1, part; 1923 c 181 § 1, part; 1921 c 96 § 2, part; e 49 § 35; prior: 1937 e 189 § 1, part; RRS § 6360-1, part.]
1919 e 59 § 1, part; 1917 c 155 § 1, part; 1915 e 142 § 2,
part; RRS § 6313, part. (ii) 1937 c 189 § 1, part; RRS § 46.04.350 Multiple lane highway. "Multiple lane
6360-1, part; 1929 c 180 § 1, part; 1927 c 309 § 2, part; highway" means any highway the roadway of which is of
RRS § 6362-2, part.] sufficient width to reasonably accommodate two or more
separate lanes of vehicular traffic in the same direction, each
46.04.320 Motor vehlde. "Motor vehicle" shall mean lane of which shall be not less than the maximum legal
every vehicle which is self-propelled and every vehicle vehicle width and whether or not such lanes are marked.
which is propelled by electric power obtained from overhead [1975 c 62 § 5; 1961 c 12 § 46.04.350. Prior: 1959 c 49 §
trolley wires, but not operated upon rails. An electric 36; prior: 1937 c 189 § 1, part; RRS § 6360-1, part.]
personal assisfive mobility tl~vice is not considered a motor Severability--1975 c 62: See note following RCW 36.75.010.
vehicle. [2002 C 247 § 2; 1961 e 12 § 46.04.320. Prior:
1959 c 49 § 33; 1955 c 384 § 10; prior. (i) 1943 c 153 § 1, 46.04.355 Municipal translt vehicle. Municipal
part; 1937 c 188 § 1, part; Rem. Supp. 1943 § 6312-1, part;, transit vehicle includes every motor vehicle, street car, train,
1923 c 181 § 1, part; 1921 c 96 § 2, part; 1919 c 59 § 1, trolley vehicle, and any other device, which (1) is capable of
part; 1917 c 155 § 1, part; 1915 c 142 § 2, part; RRS § being moved within, upon, above, or below a public high-
6313, part. (ii) 1937 c 189 § 1, part; RRS § 6360-1, part; way, (2) is owned or operated by a city, county, county
1929 c 180 § 1, part; 1927 c 309 § 2, part; RRS § 6362-2, transportation authority, public transportation benefit area, or
part.] metropolitan municipal corporation within the state, and (3)
Legislative review--2002 c 247: See note following RCW is used for the purpose of carrying passengers together with '
46.04.1695. incidental baggage and freight on a regular schedule. [1984
c 167 § 2; 1974 ex.s. c 76 § 4.]
46.04.330 Motorcycle. "Motorcycle" means a motor Unlawful bus conduct: RCW 9.91.025.
vehicle designed to travel on not more than three wheels in
(2002 Ed.) [Title 46 RCW--page 13]
Rules of the Road 46,61.690
the act. or the application of the provision to other persons or circumstances (C) A state agency or local government may regulate the
is not affected." [1961 c 259 § 2.] operation of an EPAMD within the boundaries of any area
used for recreation, open space, habitat, trails, or conserva-
46.61.700 Parent or guardian shall not authorize or lion purposes. [2002 c 247 § 7; 1997 c 328 § 5; 1979 ex.s.
permit violation by a child or ward. The parent of any c 213 § 8.]
child and the guardian of any ward shall not authorize or Legislative review--2002 c 247: See note following RCW
knowingly permit any such child or ward to violate any of 46.04.1695.
the provtsions of this chapter. I1965 ex.s. c 155 § 78.]
Reviser's note: This section was enacted just I~efore sections aoout 46,61,720 Mopeds~Safety standards. Mopeds shall
the operation of bicycles and play vehicles and was accordingly so codified comply with those federal motor vehicle safety standards
in 1965. Other sections enacted later have been codified under the numbers
remaining between RCW 46.61.700 and 46.61.750. The section appears m established under the national traffic vehicle safety act of
the Uniform Vehicle Code (1962) as part of the first section of Article 1966 (15 U.$.C. Sec. 1381, et. seq.) which are applicable to
KII~peration of Bicycles and Play Vehicles. a motor-driven cycle, as that term is defined in such federal
Captions used herein, noi part of the law: RCW 46.61.990. standards. [1979 ex.s. c 213 § 9.]
fJnlawful to allow unauthorized child or ward to drive: RCW 46.20.024. Mope&
drivers' licenses, motorcycle endorsement, moped exemption: RCW
~ 46.61.710 Mopeds, EPAMDs, electric-assisted-~ 46.20.500.
registration: RCW 46.16.630.
bicycles--General requirements and operation. (1) No
person shall operate a moped upon the highways of this state
unless the moped has been assigned a moped registration 46.61.730 Wheelchair conveyances. (1) No person
number and displays a moped permit in accordance with the may operate a wheelchair conveyance on any public roadway
with a posted speed limit in excess of thirty-five miles per
provistons of RCW 46.16.630. hour.
(2) Notwithstanding any other provision of law. a
moped may not be operated on a bicycle path or trail. (2~ No person other than a wheelchair-bound person
may operate a wheelchair conveyance on a public roadway. '
bikeway, equestrian trail or hiking or recreational trail. (3) Every wheelchair-bound person operating a wheel-
(3) Operation of a moped, electric personal assistive chair conveyance upon a ]~oadway is granted all the rights
mobility device, or an electric-assisted bicycle on a fully
controlled limited access highway ts unlawful. Operatton of and is subject to all the duties applicable to the driver of a
a moped or an electric-assisted bicycle on a sidewalk is vehicle by this chapter, except those provisions that by their
nature can have no application.
unlawful. (4) A violation of this section is a traffic infraction.
(41 Removal of any muffling device or po!lution control [1983 c 200 § 5.]
device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not Severability--1983 c 200: See note following RCW 46.04.710.
apply to electric-assisted bicycles. Electric-assisted bicycles Wheelchair conveyances
definitions: ~CW 46.0~1.710.
may have access to highways of the state to the same extent licensing: RCW46.16.640.
as bicycles. Electric-assisted bicycles may be operated on a operator's license: RCW 46.20.109.
multipurpose trail or bicycle lane, but local jurisdictions may safety standards: RCW 46.37.610.
restrict or otherwise limit the access of electric-assisted
bicycles. 46.61.740 Theft of motor vehicle fuel. (1) Any
(6) A person operating an electric personal assistive person who refuses to pay or evades payment for motor
mobility device (EPAMD) shall obey all speed limits and vehicle fuel that is pumped into a motor vehicle is guilty of
shall yield thc right-of-way to pedestrians and human- theft of motor vehicle fuel. A violation of this subsection is
powered devices at all times. An operator must also give an a gross misdemeanor punishat~le under chapter 9A.20 RCW.
audible signal before overtaking and passing a pedestrian. (2) The court shall order the department to suspend the
Except for the limitations of this subsection, persons operat- person's license, permit, or nonresident privilege to drive for
lng an EPAMD have all the fights and duties of a pedestrian, a period specified by the court of up to six months. [2001
(7) The use of an EPAMD may be regulated in the c 325 § 1.]
following ctrcumstances:
(a) A municipality and the department of transportation OPERATION OF NONMOTORIZED VEHICLES
may prohibit the operation of an EPAMD on public high-
ways within their respective jurisdictions where the speed 46.61.750 Effect of regulations~Penalty. (1) It is a
limit is greater than twenty-five miles per hour:
(b) A municipality may restrict the speed of an EPAMD traffic infraction for any person to do any act forbidden or
in locations with congested pedestrian or nonmotorized ' fail to perform aoy act required in RCW 46.61.750 through
46.61.780.
traffic and where there is significant speed differential
between pedestrians or nonmotorized traffic and EPAMD (2) These regulations applicable to bicycles apply
whenever a bicycle is operated upon any highway or upon
operators. The areas in this subsection must be designated any bicycle path, subject to those exceptions stated herein.
by the city engtneer or desigr~ee of the municipality. [1982 c 55 § 6; 1979 ex.s. c 136 § 92; 1965 ex.s. c 155 §
Municipalities shall not restrict the speed of an EPAMD in 79.]
the entire community or in areas in which there is infrequent
pedestrian traffic; Rnles of court: blonetary penalty schedule--lRIJ 6.2.
t2tv02 Ed3 [Title 46 RCW--page 223]