H-1548.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1154
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Transportation (originally sponsored by Representatives Winsley, Cole, Anderson, Betrozoff, Horn, Broback, Van Luven, Brough, Wynne and Fraser).
Read first time February 7, 1991.
AN ACT Relating to studded tires; amending RCW 47.36.250 and 46.37.420; and adding a new section to Title 82 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 47.36.250 and 1987 c 330 s 747 are each amended to read as follows:
If the department or its delegate determines at any time for any part of the public highway system that the unsafe conditions of the roadway require particular tires, tire chains, or traction equipment in addition to or beyond the ordinary pneumatic rubber tires, the department may establish the following recommendations or requirements with respect to the use of such equipment for all persons using such public highway:
(1) Dangerous road conditions, chains or other approved traction devices recommended.
(2) Dangerous road conditions, chains or other approved traction devices required.
(3) Dangerous road conditions, chains required.
Any equipment that may be required by this section shall be approved by the state patrol as authorized under RCW 46.37.420.
The
department shall place and maintain signs and other traffic control devices on
the public highways that indicate the tire, tire chain, or traction equipment
recommendation or requirement determined under this section. Such signs or
traffic control devices shall in no event prohibit the use of studded tires
from November 1st to ((April)) March 1st, but when the department
determines that chains are required and that no other traction equipment will
suffice, the requirement is applicable to all types of tires including studded
tires. The signs or traffic control devices may specify different
recommendations or requirements for four-wheel drive vehicles in gear.
Failure to obey a requirement indicated by a sign or other traffic control device placed or maintained under this section is a misdemeanor.
Sec. 2. RCW 46.37.420 and 1990 c 105 s 1 are each amended to read as follows:
(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) 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 it is permissible (a) to use farm machinery with tires having
protuberances that will not injure the highway, and ((except also that it is
permissible)) (b) to use tire chains or metal studs imbedded within
the tire 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. It is unlawful to
use metal studs imbedded within the tire between ((April)) March
1st and November 1st. 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) 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)
Tires with metal studs imbedded therein may be used between November 1st and ((April))
March 1st upon school buses and ((fire department)) authorized
emergency vehicles, any law or regulation to the contrary notwithstanding.
NEW SECTION. Sec. 3. A new section is added to Title 82 RCW to read as follows:
The legislative authority of a county may fix and impose a fee on the retail sale of studded tires as defined in RCW 46.37.420. The fee imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee which shall be paid to the department of revenue in accordance with RCW 82.32.045. All other applicable provisions of chapter 82.32 RCW shall have full force and application with respect to the fee imposed under this section.
The department of revenue shall administer and collect the fee. The department shall deduct a percentage amount, as provided by contract, not to exceed one percent of the fees collected, for administration and collection expenses. The remaining proceeds shall be remitted to the custody of the state treasurer for monthly distribution under this section.
The state treasurer shall distribute revenues, less authorized deductions, generated by the fee imposed in this section levied by counties to the levying counties and the cities contained therein, based on the relative per capita population. In calculating the distributions, the state treasurer shall use the population estimates prepared by the state office of financial management and shall further calculate the distribution based on information supplied by the department of revenue, as appropriate.
The proceeds of the fee shall be used solely for county road and city street maintenance and preservation purposes.