BILL REQ. #: S-0973.1
|State of Washington||63rd Legislature||2013 Regular Session|
Read first time 02/04/13. Referred to Committee on Transportation.
AN ACT Relating to an annual permit fee on studded tire use; amending RCW 46.17.400, 46.37.420, 46.17.240, and 46.17.040; adding a new section to chapter 46.16A RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes that studded
tires cause millions of dollars in damages to the state's highways each
year and that adding a fee for the use of studded tires is not about
raising revenue or taxation but rather about ensuring that people are
paying their fair share for the damage they cause. As such, it is the
intent of the legislature that an annual permit fee be imposed on the
use of studded tires to help offset the costs incurred.
NEW SECTION. Sec. 2 A new section is added to chapter 46.16A RCW
to read as follows:
(1) The department, county auditor or other agent, or subagent appointed by the director must issue a studded tire permit authorizing the use of studded tires as provided under RCW 46.37.420 to a vehicle owner upon submittal of a proper application and payment of the studded tire permit fee under RCW 46.17.400(1)(g).
(2) Each studded tire permit is valid on a vehicle during the registration year as outlined in RCW 46.16A.020.
(3) The department must also issue an identifying marker that the vehicle owner must place on the vehicle license plate for the studded tire permit to be valid.
(4) Operating a vehicle on a public highway without a valid studded tire permit and properly affixing the identifying marker to the vehicle license plate is a traffic infraction. In addition to any other penalties imposed for a traffic infraction, an additional seventy-five dollar penalty is assessed for a violation of this section. The additional seventy-five dollar penalty imposed under this subsection must be forwarded to the state treasurer for deposit in the motor vehicle fund created under RCW 46.68.070.
Sec. 3 RCW 46.17.400 and 2011 c 171 s 62 are each amended to read
(1) Before accepting an application for one of the following permits, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay the following permit fee by permit type in addition to any other fee or tax required by law:
|(a) Dealer temporary||$15.00||RCW 46.16A.300||RCW 46.68.030|
|(b) Department temporary||$.50||RCW 46.16A.305||RCW 46.68.450|
|(c) Farm vehicle trip||$6.25||RCW 46.16A.330||RCW 46.68.035|
|(d) Nonresident military||$10.00||RCW 46.16A.340||RCW 46.68.070|
|(e) Nonresident temporary snowmobile||$5.00||RCW 46.10.450||RCW 46.68.350|
|(f) Special fuel trip||$30.00||RCW 82.38.100||RCW 46.68.460|
|(g) Studded tire||$75.00||Section 2 of this act||RCW 46.68.070|
|(h) Temporary ORV use||$7.00||RCW 46.09.430||RCW 46.68.045|
|((||$25.00||RCW 46.16A.320||RCW 46.68.455|
Sec. 4 RCW 46.37.420 and 2012 c 75 s 1 are each amended to read
(1) It is unlawful to operate a vehicle upon the public highways of this state unless it is completely equipped with pneumatic rubber tires except vehicles equipped with temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.
(2) Except as provided in subsection (3) of this section, no tire on a vehicle moved on a highway may have on its periphery any block, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire((
, except that)).
(3)(a) It is permissible to use: (i) Farm machinery equipped with pneumatic tires or solid rubber tracks having protuberances that will not injure the highway((
,)); and (( except also that it is permissible
to use)) (ii)(A) tire chains, (B) alternative traction devices, or (C)
metal studs imbedded within the tire subject to studded tire permit
requirements under section 2 of this act, of reasonable proportions and
of a type conforming to rules adopted by the state patrol, upon any
vehicle when required for safety because of snow, ice, or other
conditions tending to cause a vehicle to skid.
(b) It is unlawful to use metal studs imbedded within the tire between April 1st and November 1st, except that a vehicle may be equipped year-round with tires that have retractable studs if: ((
(i) The studs retract pneumatically or mechanically to below the wear
bar of the tire when not in use; and (( (b))) (ii) the retractable studs
are engaged only between November 1st and April 1st. Retractable studs
may be made of metal or other material and are not subject to the
lightweight stud weight requirements under RCW 46.04.272. The state
department of transportation may, from time to time, determine
additional periods in which the use of tires with metal studs imbedded
therein is lawful.
(3))) (4) The state department of transportation and local
authorities in their respective jurisdictions may issue special permits
authorizing the operation upon a highway of traction engines or
tractors having movable tracks with transverse corrugations upon the
periphery of the movable tracks or farm tractors or other farm
machinery, the operation of which upon a highway would otherwise be
prohibited under this section.
(4))) (5) After acquiring an annual studded tire permit under
section 2 of this act, a school district or fire department may use
tires with metal studs imbedded therein (( may be used)) between
November 1st and April 1st upon school buses and fire department
vehicles, any law or regulation to the contrary notwithstanding.
Sec. 5 RCW 46.17.240 and 2010 c 161 s 517 are each amended to
read as follows:
State agencies, political subdivisions, Indian tribes, and the United States government, except foreign governments or international bodies, shall pay: (1) A fee of two dollars for a license plate or plates for each vehicle when the department assigns license plates for further assignment by the entity; and (2) the studded tire permit fee under RCW 46.17.400(1)(g) prior to using studded tires as authorized under RCW 46.37.420.
Sec. 6 RCW 46.17.040 and 2011 c 171 s 55 are each amended to read
A subagent appointed by the director shall collect a service fee of:
(1) Twelve dollars for changes in a certificate of title, with or without registration renewal, or for verification of record and preparation of an affidavit of lost title other than at the time of the certificate of title application or transfer; and
(2) Five dollars for a registration renewal, issuing a transit permit or a studded tire permit, or any other service under this section.
NEW SECTION. Sec. 7 This act takes effect January 1, 2014.