IN THE SUPERIOR COURT OF WASHINGTON
IN AND FOR THE COUNTY OF SPOKANE

NO. 95202813-1
ORDER OF DISMISSAL

TIMOTHY PINNELL,

Appellant,

vs


CITY OF SPOKANE,

Respondent.

THIS MATTER having come on regularly for review before the Honorable Judge Schroeder this 2nd day of May 1996, the Appellant, Timothy Pinnell, being represented by his attorney, Edwin F. Alden, and the Respondent, City of Spokane, being represented by Assistant City Attorney, Salvatore J. Faggiano;

The Court finds this matter is controlled by State v. Maxwell; State v. Sanaski; and State v. Fisher; . 74 Wn.App. 688 (1994), the holding in those cases was that RCW 46.37.537 was unconstitutionally vague in that the Washington State Patrol has adopted in it's entirety 49 CFR Section 571:218.

The Washington State Patrol pursuant to it's rule making authority, again adopted by reference the Federal Motor Vehicle Safety Standard 218 (49 CFR Section 571.218). The adoption of the current WAC 204 10.040 does not meet the defects found by thc Court of Appeals in Maxwell; Sanaski; and Fisher. In adopting the entire regulation the Washington State Patrol has made it impossible for the ordinary citizen to understand what is required to comply with the Washington Statute The current adoption has done nothing to simplify the standard as l directed by the Court of Appeals. The Court having previously determined that the adoption of the Standard 218 (WAC 204.10.040) renders the helmet requirement of RCW 46.37 530 t (1) (c) unconstitutionally vague. NOW THEREFORE, IT IS HERBEY ADJUDGED AND DECREED that the findings that the infraction was committed is hereby set aside and the matter is dismissed with costs.

DONE IN OPEN COURT THIS day of 1996.

JUDGE RICHARD SCHROEDER

Presented by:

EDWIN P. ALDEN, WSBA#6497
Attorney for Appellant

Approved as to form:
Notice of Presentment Waived:

SALVATORE J. FAGGIANO, WSBA#15696
Assistant City Attorney

ORDER of DISMISSAL




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