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Date: Tue, 17 Feb 2004 03:51:18 -0800
From: ken@digd.com
Subject: Current scooter law in Washington State (long)
I did some searching. Here is what I found. I am no legal eagle. This is the current law from the Revised Code of Washington. These definitions all come to play when determining how the law classifies escooters, ecycles, and ebicycles. My comments follow the sections in for easy identification.
This is long, but if you really want to know what is what in Washington state, read all this and see how your own vehicle is classified.
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RCW 46.04.336
Motorized foot scooter.
"Motorized foot scooter" means a device with no more than two ten- 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.
For purposes of this section, a motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.
[so Washington doesn't currently differentiate between escooters and gassers, and doesn't care about standing or seated. I also don't see any power definitions here]
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RCW 46.04.169
Electric-assisted bicycle.
"Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour.
[so for an ebike, you can have two or three wheels and up to 1000W of epower, speed limited to 20mph, so long as you have working pedals.]
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RCW 46.04.1695
Electric personal assistive mobility device (EPAMD).
"Electric personal assistive mobility device" (EPAMD) means 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 seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour.
[this looks like the Segway legislation. talks specifically about self balancing non tandem two wheelers]
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RCW 46.04.332
Motor-driven cycle.
"Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor that produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft). A motor-driven cycle does not include a moped, a power wheelchair, a motorized foot scooter, or an electric personal assistive mobility device.
[this is significant, because it says clearly that escooters, segways, powerchairs, and mopeds are not motor driven cycles. judging from the language though, larger escooters like the eVespa types might fall into this category up to 5HP]
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RCW 46.04.330
Motorcycle.
"Motorcycle" means a 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 a farm tractor, a power wheelchair, an electric personal assistive mobility device, and a moped.
The Washington state patrol may approve of and define as a "motorcycle" a motor vehicle that fails to meet these specific criteria, but that is essentially similar in performance and application to motor vehicles that do meet these specific criteria.
[just included to show that motorcycle says nothing about including electric designs]
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RCW 46.04.304
Moped.
"Moped" means a motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than thirty miles per hour on level ground.
The Washington state patrol may approve of and define as a "moped" a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and application to motorized devices which do meet these specific criteria.
[so a moped is any ebike or pedelec that is greater than 1HP and less than or equal to 2HP and up to 30 mph of speed]
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RCW 46.04.320
Motor vehicle.
"Motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. "Motor vehicle" includes a neighborhood electric vehicle as defined in RCW 46.04.357. An electric personal assistive mobility device is not considered a motor vehicle. A power wheelchair is not considered a motor vehicle.
[a little grey here. escooters and ecycles are not mentioned specifically. Only power wheelchairs and Segways are specifically defined as not being motor vehicles]
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RCW 46.04.357
Neighborhood electric vehicle.
"Neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.
[pretty standard. Just defines an NEV]
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RCW 46.04.670
Vehicle.
"Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds shall not be considered vehicles or motor vehicles for the purposes of chapter 46.70 RCW. Bicycles shall not be considered vehicles for the purposes of chapter 46.12, 46.16, or 46.70 RCW. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of chapter 46.12, 46.16, 46.29, 46.37, or 46.70 RCW.
[so again, the Segway is specifically not a vehicle, neither is a moped, nor a powerchair, nor a bicycle at least for certain sections]
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RCW 46.04.415
Power wheelchair.
"Power wheelchair" means any self-propelled vehicle capable of traveling no more than fifteen miles per hour, usable indoors, designed as a mobility aid for individuals with mobility impairments, and operated by such an individual.
[this is pretty broad. So long as you claim a mobility impairment (sore knees) and don't exceed 15mph, you can call pretty much anything a power wheelchair so long as you can use them inside. Interesting...]
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RCW 46.20.500
Special endorsement -- Exceptions. (Effective January 1, 2004.)
(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 or a power wheelchair.
(5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol.
[here it is in BLACK AND WHITE baby! No license is required to operate a motorized foot scooter in Washington. No license is required to operate a Segway in Washington. No license is required to operate an electric bicycle in Washington, but there is a 16 year old age requirement for ebikes. It doesn't get much clearer than this as far as I can tell. Even though it says effective Jan 1st of 2004, the bits about ebikes, segways, and escooters being legal were in there in the older version of the law as well]
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RCW 46.16.010 [unrelated parts deleted for clarity]
Licenses and plates required -- Penalties -- Exceptions. (Effective until July 1, 2004.)
(1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided. Failure to make initial registration before operation on the highways of this state is a misdemeanor, and any person convicted thereof must be punished by a fine of no less than three hundred thirty dollars, no part of which may be suspended or deferred.
Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.
[snip]
(3) These provisions shall not apply to the following vehicles:
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
[again, here it is in black and white. Motorized foot scooters and electric assisted bicycles do not have any requirements to have license plates nor registration tabs. After July 1, 2004, some language changes are made to this RCW, but motorized foot scooters and electric assisted bicycles are still exempted from the licensing requirements.]
This looks like an open and shut case to me. Ride your escooter and ebikes in Washington state without fear! They are clearly legal under the law. Electric cycles are a grey area, but ebikes and escooters are definited and allowed. Hope this all helps!
-KT Roughneck, Outlaw Turbologist, http://visforvoltage.com
State of Washington 55th Legislature 1997 Regular Session
CHAPTER 328, LAWS OF 1997: ELECTRIC-ASSISTED BICYCLES
SENATE BILL 5968
55th Legislature
1997 Regular Session
EFFECTIVE DATE: 7/27/97
Passed by the Senate April 22, 1997
YEAS 40 NAYS 0
Passed by the House April 10, 1997
YEAS 89 NAYS 9
SENATE BILL 5968
_______________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 1997 Regular Session
State of Washington 55th Legislature 1997 Regular Session
By Senators Thibaudeau, Wood, Haugen and Prince
AN ACT Relating to electric-assisted bicycles; amending RCW
46.16.010, 46.20.500, 46.37.530, and 46.61.710; and adding a new
section to chapter 46.04 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW
to read as follows:
"Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour.
Sec. 2. RCW 46.16.010 and 1996 c 184 s 1 are each amended to read as follows:
(1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided.
.
.
(3) These provisions shall not apply to the following vehicles:
(a) Electric-assisted bicycles;
(b) Farm vehicles ...
Sec. 3. RCW 46.20.500 and 1982 c 77 s 1 are each amended to read as follows:
No person may drive a 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, nor may a person drive a motorcycle of a larger engine displacement than that authorized by such special endorsement or by an instruction permit for such category((: PROVIDED, That any)). 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. 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.
Sec. 5. RCW 46.61.710 and 1979 ex.s. c 213 s 8 are each amended to read as follows:
(1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630.
(2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
(3) Operation of a moped or an electric-assisted bicycle on a fully controlled limited access highway or on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution control device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles may have access to highways of the state to the same extent as bicycles. Electric-assisted bicycles may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric-assisted bicycles.
Passed the Senate April 22, 1997.
Passed the House April 10, 1997.
Approved by the Governor May 12, 1997.
Filed in Office of Secretary of State May 12, 1997.
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