2009-10-06: Roderick Wilde to Melissa: Clarification of Law, Second Request

posted by Roderick on Sun, 10/25/2009 - 17:01

From: Wilde Roderick <roderick@evparts.com>

Subject: Attn: Melissa, Clarification of Law

Date: October 6, 2009 9:22:26 PM PDT

To: equipment@wsp.wa.gov

 

 

 

Dear Melissa,
 
  You were referred to me by our Chief of Police. Below is a letter I sent to Chief Daily, Chief of Police of Port Townsend, on August 24th, over a month ago. Either your department has not cleared up this situation or you have and have informed Chief Daily and he has not informed me as he said he would in his letter. Could you please answer the questions I enquired about concerning the new definition of an electric foot scooter.  I am sure you realize you can change the definition of a device, vehicle, or even an animal but it will still not change what it is in reality. In Sequim Washington, where our business is located, they define bicycles as having to have a steering wheel. This law has been in effect since 1967. I have copied the City Ordinance below. To this day I have not seen a single bicycle in Sequim with a steering wheel. Even the city police officers that ride bicycles on patrol totally ignore this law. Why, you ask, would a normally law abiding police officer ignore a statue. The only answer that I can ascertain is that it is a totally ridiculous definition. It is akin to redefining horses saying they have to have horns and cloven hoofs. The horse will ignore the law as well as the rider. Everyone knows that a horse is a horse of course, except that is for the famous Mr. Ed, whom I am quite sure would give you an earful if you told him he had to have horns. There are many statutes relating to horses as a conveyance of transportation so there is a precedence for me bringing up this particular analogy to try to drive home an important point. I really believe the real problem is law makers not reading or even understanding what they are signing into law. There is no accountability or due diligence. I would greatly appreciate a definitive answer to my questions about this law. You will find the questions in my letter to Chief Daily at the bottom of this letter.
 
Sequim Bicycle definition:
 
 
 

10.20.010 Bicycle defined.

 
 

A “bicycle” is defined as a light vehicle with two tandem wheels, neither of which shall be less than 20 inches in diameter, with tires inflated, having a steering wheel and a saddle seat and propelled by the feet acting on treadles connected with levers. (Ord. 214 § 1, 1967)

 
 

Roderick, I appreciate your email concerning the wide variety of issues the new definitions have created.  I am sorry to say that I do not have the answers to your questions nor is the information at my fingertips.  We here at the police department are working with the Washington State Patrol to clarify these definitions.  The State Patrol are the experts for these issues through their Department of Equipment and Standards.  When I am able to get some answers to your questions I will be glad to pass on any and all the information that I receive.

 

 

Conner L. Daily

Chief of Police

Port Townsend Police Department

607 Water Street

Port Townsend, WA 98368

360-385-2322

 

 

 

From: Roderick Wilde [mailto:roderick@evparts.com] 
Sent: Monday, August 24, 2009 2:26 PM
To: Conner Daily
Subject: Clarification of Law

 

Dear Chief Daily,

 

  I am writing to you as a concerned citizen of Port Townsend, as a member of AARP since 1995, and as the President of EV Parts, Inc. It appears that Senate Bill 5482 has redefined motorized foot scooters. It appears by taking out the part that says "or sat" upon in the definition that the law is intended to exclude using the removable seat that comes with almost all motorized foot scooters manufactured today capable of carrying an adult. Is this indeed the case? If this is the case what is the law that someone would be breaking if they chose to sit on their seat? There are many that can not stand. Please cite the RCW and the fine associated with it. As a person over 60 with a bad knee I personally prefer to use my seat. It is also far more stable in the seated position making it much safer for use in transportation.

 

  As the President of EV Parts, Inc. Located in Sequim, WA we routinely sell these three and two wheel motorized foot scooters to the elderly and handicapped. For my business I need this clarification so that I can warn my customers that they can no longer use the seat. As a member of AARP I would also like to write an article for their publication warning their members who travel to Washington State of this new law. Many elderly and handicapped persons take these vehicles with them in their motorhomes so they can have local transportation. As the Chief of Police I am sure you have all of this information at your fingertips so I would greatly appreciate a timely response.

 

              Roderick Wilde

         President EV Parts, Inc.

Your Electric Vehicle Parts Superstore

          157 West Cedar Street

            Sequim, WA  98382

Comments

On Sun, 10/25/2009 - 17:04

From: Wilde Roderick
Subject: Fw: Attn: Melissa, Clarification of Law, Second Request
Date: October 25, 2009 3:12:36 PM PDT
To: equipment@wsp.wa.gov

Dear Melissa or anyone in that department,

It has been over two weeks and I still have not received an answer to my question. I feel that I have a right to know the law. If you feel I do not have that right please let me know why and I will pass it on to my attorney and the State of Washington Attorney General. Your lack of response is being noted on web sites where these letters are being published.

Roderick Wilde

By Roderick