Written By: Tom Mericle, Legislative Committee Chair

The Legislative Committee’s role is to monitor legislative bills being considered by state legislative bodies in the 13 western states that comprise the Western District, and share those activities with both the District Board and the District members.  It was a busy legislative session with all 13 state legislatures having legislative sessions this year. For those of you who don’t know Montana and Nevada legislatures only meet every other year (odd numbered years).

By far the number one issue address by legislators across the west was the setting of rules for Transportation Network Companies and their drivers. These rules would be applicable to companies such as Uber or Lyft.  This update is just a summary, for specific information on each bill, please go to the Western District legislative web page at www.westernite.org/legislative.

Let’s start with Hawaii in honor of our current District President. Hawaii is the smallest state in the Western District and that was evident with the low level of transportation related legislative activity. There was only one relevant bill which would regulate transportation network companies that was not approved and is being held in committee.

Washington, the second smallest state had two proposed bills related to the use of automated traffic speed cameras to be used in school zones. Neither bill was approved. There were a few transportation related bills approved for such things as allowing bikes and mopeds to proceed through a red light under certain conditions, allowing expedited permitting for bridges that are deemed structurally deficient, and the creation of a Pedestrian Safety Advisory Council.

Utah is the next largest state, and had the second shortest legislative session at only 55 days long. In that time, they discussed transportation legislation related to seat belts, coasting, and trailblazing signage. In the end, only HB 79 was approved. This legislation only allows law enforcement officers to enforce seat belt laws as a secondary enforcement action.

Next on the state size list is Idaho. Idaho passed three new transportation related bills. One increases the registration fees and motor fuel tax. And the other two relate to transportation network companies and the regulation of both the operations and the drivers.

Oregon, at the size of almost 15 Hawaiis, had a busier legislative session that was 159 days long, the second longest. Oregon passed several non-motorized transportation safety and access related bills related to items such as allowing the City of Portland to operate fixed automated photo radar enforcement in school zones, allowing flashing warning lights in certain school zones, permitting bicyclists to run red lights in certain situations. Two additional bills that were approved relate to all-terrain vehicle use on roadways and requiring that contractors who engage in construction flagging contracting hold a license to do so.

Wyoming, with the shortest legislative session at only 51 days (yes the rest of us are envious of that), passed two relevant transportation bills. One was requiring that motorists passing a bicyclist must provide three feet of clearance (when space allows) and the other setting the maximum speed limit on certain highways at 80 mph. One bill, which was controversial in some bicycle advocacy groups, would have required bicyclists to wear certain colored clothing, carry photo identification, and have lights on the rear of the bicycle. This bill failed in committee.

Colorado, the next largest state, had one relevant bill passed to provide for vehicles displaying military license plates be able to use disabled parking spaces. There was one bill to repeal existing legislation that allows automated enforcement systems. Although the bill was passed by the legislature, it was vetoed by the governor.

Nevada, which is slightly more than 17 times larger than Hawaii, had only one relevant transportation bill and that was one related to regulating transportation network companies. The bill was defeated in committee.

Arizona took the opportunity this year to define both motorized quadricycles and autocycles. Interestingly, a quadricycle is now defined in Arizona as a commercial vehicle with at least 4 wheels and carries at least 8 passengers (including the driver); not what I would have thought. An autocycle is defined as a 3-wheel motorcycle where the driver and passengers ride in a completely enclosed seating area. There were two new bills approved related to automated photo enforcement; one that provides an license suspension exemption for violators do not appear in court, and the other stating that the violation can only result in a traffic ticket if the system is operated and monitored by a uniformed law enforcement officer.

New Mexico had a relatively short legislative session and did not have any relevant traffic or transportation related legislation passed this year.

Montana is more than 22 times the size of Hawaii, had only one new law passed that was of general interest to transportation professionals. The bill prohibits local agencies from charging fees for permitting of oversize vehicle loads on roadways that the agency does not itself own and maintain. I find this interesting because there must have been local agencies in Montana that were charging fees for oversize vehicle movement on State or County highways, to which they had no jurisdiction. Seems like they are legislating out the wild west.

As it typical with California there was more legislative activity going on than any of the other states, and probably, more than the other states combined. Not only is it the most populous state, and the second largest, it has the longest legislative session by far at 249 days; also because, well, it’s California. Key legislation of interest included new laws related to bicycling and pedestrians; requiring bikes to have a red flashing rear lights when being ridden in the dark, prohibiting the Golden Gate Bridge from charging for use of bicycle and pedestrian facilities, establishing new categories of electric bicycles and places restrictions on their operation, revising the definition of pedicab and setting their operational rules, and finally setting rules for electrically motorized skateboards. Other new laws of importance include allowing local agencies to designate parking spaces for use by a carshare or rideshare program, adding a requirement that transportation network companies must participate in regular checks of drivers driving record, and imposing requirements related to the protection of automated license plate recognition systems.

Alaska, at almost 90 times larger than Hawaii, is the largest state in the Western District and gets the honor of being last in this legislative update.  There were two pieces of legislation to highlight this year. First, a new law that requires vehicles to drive in the right hand lane except for passing and making left turns and second, authorizing the Alaska Railroad Corporation to issue revenue bonds to finance a positive train control to improve rail safety.

If anything mentioned in this update was of interest to you, please visit the website at www.westernite.org/legislative for links to the specific legislation. As always, please let me know of legislation you would like the District to follow. That’s a wrap for this year. Have a great legislative holiday season and we will see you in January.