HB 1367, from Rep. Ed Orcutt (R–Kalama), authorizes motorcycles to travel in the right shoulder of a limited access roadway, or highway, under certain circumstances. Specifically, motorcycles may use the new authority when:
- Traffic is stopped; or
- The average speed of the vehicles on the travel lanes of the roadway is 25 mph or less.
The bill includes several restrictions. When travelling in the right shoulder, motorcycles:
- May not travel greater than 10 mph faster than the speed of traffic in the lane adjacent to the shoulder.
- May not be operated more than one abreast.
- Must reenter traffic lanes if the shoulder is occupied by a parked vehicle, emergency vehicle, tow truck, or other vehicle providing roadside assistance.
- Must exit the shoulder when the motorcycle reaches an exit from which the driver can access an alternate route.
In response to concerns regarding government liability for damage or harm caused by a motorcycle travelling in the right shoulder, the sponsor expressed willingness to amend the bill to hold the owners of the roadway harmless in such cases.
HB 1367 was heard in the House Transportation Committee on January 22. It has yet to be scheduled for an executive session.