Sticking it to the man

So you might recall my run in with Johnny Law a few weeks back, where I got two tickets in 6 days on my magnum. My court day was today at 8:45, and since it was raining I decided to take the bus downtown, so I rode, and we kept stopping and letting 20 people get on and off. The bus was supposed to arrive at 8:20, plenty of time for me to walk 5 blocks to the courthouse and get signed in. Well, it arrived at 8:34 after all was said and done, so I bolted off the bus and made a run for the courthouse, in the best guess I had for direction. I ended up finding it at 8:41, getting through security and hustling upstairs to take my seat with 2 minutes to go. After all that running in my coat, I got a nice sweat going and my exercise for the day. The magistrate judge called me into her office, and we sat down, she looked at my file, and asked what I had to say. I opened my bag and handed her a copy of this

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.

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.
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.

SMC 11.57.100 Mirrors.

A. No person shall operate a motorcycle or motor-driven cycle not
equipped with mirrors on the left and right sides of the handlebars
which shall be so located as to give the operator a complete view of
the street or alley for a distance of at least two hundred (200) feet
to the rear of the motorcycle or motor-driven cycle.
RCW 46.20.500

RCW 46.16.030
Nonresident exemption — Reciprocity.
Except as is herein provided for foreign businesses, the provisions relative to the licensing of vehicles and display of vehicle license number plates and license registration certificates shall not apply to any vehicles owned by nonresidents of this state if the owner thereof has complied with the law requiring the licensing of vehicles in the names of the owners thereof in force in the state, foreign country, territory or federal district of his or her residence; and the vehicle license number plate showing the initial or abbreviation of the name of such state, foreign country, territory or federal district, is displayed on such vehicle substantially as is provided therefor in this state. The provisions of this section shall be operative as to a vehicle owned by a nonresident of this state only to the extent that under the laws of the state, foreign country, territory or federal district of his or her residence, like exemptions and privileges are granted to vehicles duly licensed under the laws of and owned by residents of this state. If under the laws of such state, foreign country, territory or federal district, vehicles owned by residents of this state, operating upon the highways of such state, foreign country, territory or federal district, are required to pay the license fee and carry the vehicle license number plates of such state, foreign country, territory or federal district, the vehicles owned by residents of such state, foreign country, territory or federal district, and operating upon the highways of this state, shall comply with the provisions of this state relating to the licensing of vehicles. Foreign businesses owning, maintaining, or operating places of business in this state and using vehicles in connection with such places of business, shall comply with the provisions relating to the licensing of vehicles insofar as vehicles used in connection with such places of business are concerned. Under provisions of the international registration plan, the nonmotor vehicles of member and nonmember jurisdictions which are properly based and licensed in such jurisdictions are granted reciprocity in this state as provided in *RCW 46.87.070(2). The director is empowered to make and enforce rules and regulations for the licensing of nonresident vehicles upon a reciprocal basis and with respect to any character or class of operation.

RCW 46.16.028
"Resident" defined — Vehicle registration required.
(1) For the purposes of vehicle license registration, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Evidence of residency includes but is not limited to:

(a) Becoming a registered voter in this state; or

(b) Receiving benefits under one of the Washington public assistance programs; or

(c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.

(2) The term "Washington public assistance programs" referred to in subsection (1)(b) of this section includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds. Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to the food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and temporary assistance for needy families.

(3) A resident of the state shall register under chapters 46.12 and 46.16 RCW a vehicle to be operated on the highways of the state. New Washington residents shall be allowed thirty days from the date they become residents as defined in this section to procure Washington registration for their vehicles. This thirty-day period shall not be combined with any other period of reciprocity provided for in this chapter or chapter 46.85 RCW.


So she looks at it, and I say, let me walk you through it. These are the legal definitions according to Washington state for Moped, Motorcycle and Motor-driven cycle. Please note that in the definition of Motorcycle and Motor-driven cycle, they both exclude Mopeds as being classified as either of them. On the next page you will see the law which I was cited for breaking, and I've highlighted where it says what is applicable to the law, being only Motorcycles and Motor-driven cycles, neither of which are mopeds. She looked at me a little puzzled why I would have received this ticket, and asked if I could prove what I was riding was a moped. I handed her my registration that shows vehicle class as "PED". She said, alright, what about the no-license plate? I responded, I am not a citizen of Washington state as defined for vehicle registration, as you will see on the following page, and therefore I'm not required to display a Washington license plate. Here is my Indiana Drivers license. Then she asked if I had my Indiana plate attached, to which I replied, here is the legal definition of a moped in Indiana, which is very similar to Washington, but in Indiana they are not required to be plated, so I was displaying all the required information according to the laws of my state of residence. She read all the information, and said "well, I'm going to clear both tickets this time, but you need to check with the DOL and find out about the reciprocity." I then told her not to worry, since I realize I will continue to be stopped for no plate, I went ahead and registered the bike and plated it in Washington state. She sat back in her desk, and asked me "What are you going to school for again? You aren't by chance studying law are you?" "No Judge, I just like to be prepared and know the law so I can obey it." For those of you keeping score at home, that would be Philip 2, Washington State 0.