Brief Description: Allowing local jurisdictions to allow off-road vehicles to operate on designated city or county roads.

Sponsors: Representatives Kretz, Blake, Ahern, Schindler, Sump, Condotta, Holmquist, Kristiansen, Serben, Campbell, McDonald, Hinkle and Dunn.

Hearing Date: 1/23/06

Staff: Teresa Berntsen (786-7301).

Background:

Current law allows off-road vehicles (ORVs) to operate on a nonhighway road if the state, federal, local, or private authority responsible for the management of the road has authorized the use of ORVs.

For the purposes of the statutes regulating ORVs, nonhighway roads are defined as roads that are owned or managed by a public agency who has granted an easement for public use, and that do not receive funds from the Motor Vehicle Account. Highway roads are defined as public roads that are generally capable of travel by a conventional automobile.

A local jurisdiction or state agency may regulate the operation of ORVs on land and roads within its jurisdiction, provided such regulations are not less stringent than state statute.

ORVs must have a use permit decal issued by the Department of Licensing, with certain exceptions. When operating on lands not owned by the ORV owner or operator, ORVs must meet certain equipment standards and operators must wear helmets, unless the ORV has a roll bar or an enclosed passenger compartment. Such ORVs are exempt from the licensing and equipment standards applied to highway vehicles.

Summary of Bill:

Cities or counties may allow the use of off-road vehicles on designated city or county roads, including highway roads. ORVs operating on designated city or county roads are exempt from the licensing and equipment standards that apply to vehicles operating on highway roads. Such ORVs are not exempted from the use permit, equipment, and operating standards generally applied to ORV use.

Appropriation: None.

Fiscal Note: Requested on January 18, 2006.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.