H-1670.1  _______________________________________________

                          HOUSE BILL 2080

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representative Dunn

Read first time 02/14/2001.  Referred to Committee on Natural Resources.

Modifying the definition of an all terrain vehicle.

    AN ACT Relating to all terrain vehicles; and amending RCW 46.10.010.

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

    Sec. 1.  RCW 46.10.010 and 1979 ex.s. c 182 s 1 are each amended to read as follows:

    As used in this chapter the words and phrases in this section shall have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicated.

    (1) "Person" shall mean any individual, firm, partnership, association, or corporation.

    (2) "Snowmobile" shall mean any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to the motor vehicle excise tax in the state of Washington.

    (3) "All terrain vehicle" shall mean any self-propelled vehicle other than a snowmobile, capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including, but not limited to, nonhighway vehicles defined in RCW 46.09.020, four-wheel vehicles, amphibious vehicles, ground effect or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind; except any vehicle designed primarily for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles.

    (4) "Owner" shall mean the person, other than a lienholder, having the property in or title to a snowmobile or all terrain vehicle, and entitled to the use or possession thereof.

    (5) "Operator" means each person who operates, or is in physical control of, any snowmobile or all terrain vehicle.

    (6) "Public roadway" shall mean the entire width of the right of way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.

    (7) "Highways" shall mean the entire width of the right of way of all primary and secondary state highways, including all portions of the interstate highway system.

    (8) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling snowmobiles or all terrain vehicles at wholesale or retail in this state.

    (9) "Department" shall mean the department of licensing.

    (10) "Director" shall mean the director of the department of licensing.

    (11) "Commission" shall mean the Washington state parks and recreation commission.

    (12) "Hunt" shall mean any effort to kill, injure, capture, or disturb a wild animal or wild bird.

    (13) "Committee" means the Washington state parks and recreation commission snowmobile advisory committee.

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