WPIC 98.02 Traffic Cases—Motor Vehicle—Definition

Use this definition in traffic cases, when the statute refers to a motor vehicle, as opposed to a vehicle. See, for example, WPIC 95.01 (Reckless Driving—Definition). 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 motor vehicle.

Use bracketed material as applicable.

RCW 46.04.320. This statute was amended in 2019 to include and exclude certain things from the definition of motor vehicle. Laws of 2019, Chapter 214, § 6 (effective September 1, 2019). This instruction has been revised for this edition. 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 vehicle, see RCW 46.04.670 and WPIC 98.01 (Traffic Cases—Vehicle—Definition).

See RCW 46.04.357 for a definition of neighborhood electric vehicle if needed in a particular case. See RCW 46.04.295 for a definition of medium-speed electric vehicle if needed in a particular case. A golf cart is considered a motor vehicle for purposes of RCW Chapter 46.61. RCW 46.04.320. 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, 376 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.