BP BHEAD INT S [atlas:bill]

AN ACT Relating to studded tires; amending RCW 46.37.420; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.37 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

"Lightweight stud" means a stud intended for installation and use in a vehicle tire. As used in this title, this means a stud that is recommended by the manufacturer of the tire for the type and size of the tire and that:

(1) Weighs no more than 1.5 grams if the stud conforms to Tire Stud Manufacturing Institute (TSMI) stud size 14 or less;

(2) Weighs no more than 2.3 grams if the stud conforms to TSMI stud size 15 or 16; or

(3) Weighs no more than 3.0 grams if the stud conforms to TSMI stud size 17 or larger.

A lightweight stud may contain any materials necessary to achieve the lighter weight.

The state patrol may modify this definition by rule adopted under chapter 34.05 RCW. The effective date of any modification must allow a reasonable phase-in period.

NEW SECTION. Sec. 2. A new section is added to chapter 46.37 RCW to read as follows:

Beginning January 1, 1999, a person offering to sell to a tire dealer conducting business in the state of Washington, a metal flange or cleat intended for installation as a stud in a vehicle tire shall certify that the studs are lightweight studs as defined in section 1 of this act. Certification must be accomplished by clearly marking the boxes or containers used to ship and store studs with the designation "lightweight."

NEW SECTION. Sec. 3. A new section is added to chapter 46.37 RCW to read as follows:

Beginning July 1, 2000, a person may not sell a studded tire or sell a stud for installation in a tire unless the stud qualifies as a lightweight stud under section 1 of this act.

Sec. 4. 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 to use farm machinery with tires having protuberances that will not injure the highway, and except also that it is permissible 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 in accordance with section 1 of this act, 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 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 1st upon school buses and fire department vehicles, any law or regulation to the contrary notwithstanding.

NEW SECTION. Sec. 5. Section 4 of this act takes effect July 1, 2004.