WPIC 98.01 Traffic Cases—Vehicle—Definition

Use this instruction only with traffic offenses. For the definition of vehicle in other cases, use WPIC 2.25 (Vehicle—Definition—Nontraffic Cases). This instruction should be used only if there is an issue of fact as to whether a particular thing is a vehicle. If there is no issue, it is proper to so instruct, e.g. “An automobile is a vehicle.”

Use bracketed phrases as applicable.

The instruction may need to be modified depending on the type of vehicle involved in the case.

RCW 46.04.670. This statute was amended twice in 2019 to include and exclude certain vehicles. Laws of 2019, Chapter 170, § 2 (effective July 28, 2019) and Laws of 2019, Chapter 214, § 7 (effective September 1, 2019). This instruction has been revised for this edition. Because RCW 46.04.670 was amended twice in 2019, each act is to be given effect to the extent that the amendments do not conflict. If there is a conflict, the last act filed controls. RCW 1.12.025. Care should be taken when identifying whether a particular thing is a vehicle for the particular statute charged and date of incident.

For definition of motor vehicle, see RCW 46.04.320 and WPIC 98.02 (Traffic Cases—Motor Vehicle—Definition).

Neither bicycles nor motor scooters are considered vehicles for purposes of RCW Chapters 46.12, 46.16A, or 46.70. RCW 46.04.670. Bicycles are not considered vehicles for purposes of the DUI statutes. City of Montesano v. Wells, 79 Wn.App. 529, 902 P.2d 1266 (1995). Mopeds are not considered vehicles or motor vehicles for purposes of RCW Chapter 46.70 or for purposes of the DUI statutes. See RCW 46.04.670. Neither electric personal assistive mobility devices nor motorized foot scooters are considered vehicles or motor vehicles for purposes of RCW Chapters 46.12, 46.16A, 46.29, 46.37, or 46.70. See RCW 46.04.670. Statutorily, neither a golf cart nor a personal delivery device is considered a vehicle, except for the purpose of RCW Chapter 46.61.

Depending on the incident date, the charge, and the facts in a particular case, the instruction may need to be modified. A definition of “motorized foot scooter” is contained at RCW 46.04.336. A definition of “Personal Delivery Device” is contained in RCW 46.75.010. Laws of 2019, Chapter 214, § 7 (effective September 1, 2019).

Under the traffic laws established in RCW Title 46, a motorboat is not a motor vehicle. See State v. Martin, 55 Wn.App. 275, 276 n.2, 776 P.2d 1383 (1989). See also Comment to WPIC 92.02 (Driving or Being in Physical Control While Under the Influence—Elements) regarding boating under the influence charged under RCW 79A.60.040.