Q: Do light flashing laws of Washington dictate my vehicle equipment registered in Oregon?
I reside in Oregon near the northern boarder, and I frequently visit the neighboring state of Washington. I'm specifically talking about a motorcycle with a modulating rear brake light. In Oregon ORS 816.100 allows motorcycles to have a flashing brake light. In Washington under RCW 46.37.280 it states flashing lights are prohibited. Will I face any problems over in Washington if I set up my side case brake lights to flash?
A: I think you should be OK as long as you don't move to WA, or reside there for more than 10 days (unless you can prove it was a short vacation). The Commerce Clause of the US Constitution (you heard of that right??? Just kidding) says that no state may pass any laws that unduly burden interstate commerce. This would mean that WA cannot require vehicles to meet its particular equipment requirements if the equipment is allowed in other states. If you get a ticket, better be prepared with a copy of the OR statute allowing the lights. Or, have your lights configured to meet the WA requirement. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.
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