E2SSB 5366 -
By Committee on Transportation
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that off-road vehicle
users have been overwhelmed with varied confusing rules, regulations,
and ordinances from federal, state, county, and city land managers
throughout the state to the extent standardization statewide is needed
to maintain public safety and good order.
NEW SECTION. Sec. 2 A new section is added to chapter 46.04 RCW
to read as follows:
"Four-wheel all-terrain vehicle" means any motorized nonhighway
vehicle with handlebars that is fifty inches or less in width, has a
seat height of at least twenty inches, weighs less than one thousand
five hundred pounds, and has tires having a diameter of thirty inches
or less.
NEW SECTION. Sec. 3 A new section is added to chapter 46.16A RCW
to read as follows:
Any four-wheel all-terrain vehicle operated upon a roadway of this
state must have in full force and effect a current and proper vehicle
registration and a license plate in compliance with this chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 46.61 RCW
to read as follows:
(1) A person may operate a four-wheel all-terrain vehicle as
defined in section 2 of this act upon any roadway of this state having
a speed limit of thirty-five miles per hour or less subject to the
following restrictions and requirements:
(a) A person may not operate a four-wheel all-terrain vehicle upon
state highways that are listed in chapter 47.17 RCW; however, a person
may operate a four-wheel all-terrain vehicle upon a segment of a state
highway listed in chapter 47.17 RCW if the segment is within the limits
of a city and the speed limit on the segment is thirty-five miles per
hour or less;
(b) A person may not operate a four-wheel all-terrain vehicle upon
a roadway of this state without first having obtained and having in
full force and effect a current and proper vehicle registration, and a
license plate in compliance with chapter 46.16A RCW. The license plate
must be displayed in compliance with chapter 46.16A RCW. A four-wheel
all-terrain vehicle may not be registered for commercial use;
(c) A person may not operate a four-wheel all-terrain vehicle upon
a roadway of this state without (i) first obtaining a valid driver's
license issued to Washington residents in compliance with chapter 46.20
RCW, or (ii) possessing a valid driver's license issued by the state of
the person's residence if the person is a nonresident;
(d) A person may not operate a four-wheel all-terrain vehicle
subject to registration under chapter 46.16A RCW on a roadway of this
state unless the person is insured under a motor vehicle liability
policy in compliance with chapter 46.30 RCW;
(e) A person operating a four-wheel all-terrain vehicle may not
cross a roadway with a speed limit in excess of thirty-five miles per
hour, unless the crossing begins and ends on a roadway, or an ORV trail
as defined in RCW 46.09.310, with a speed limit of thirty-five miles
per hour or less and occurs at an intersection of approximately ninety
degrees, except that the operator of a four-wheel all-terrain vehicle
may not cross at an uncontrolled intersection of a public highway
listed under chapter 47.17 RCW; and
(f)(i) A person may not operate a four-wheel all-terrain vehicle on
the roadways within the boundaries of a city with a population of
fifteen thousand or more unless the city by ordinance has approved the
operation of four-wheel all-terrain vehicles on city roadways.
(ii) The legislative body of a city with a population of less than
fifteen thousand may, by ordinance, designate a road or highway within
its boundaries to be unsuitable for use by four-wheel all-terrain
vehicles.
(iii) Any roadways authorized by a legislative body of a city under
(f)(i) of this subsection or designated as unsuitable under (f)(ii) of
this subsection must be listed publicly and made accessible from the
main page of the city web site.
(2) A person who operates a four-wheel all-terrain vehicle under
this section must pay the annual vehicle license fee required in RCW
46.17.350(1)(e) for the four-wheel all-terrain vehicle.
(3) Any four-wheel all-terrain vehicle operated under this section
must have:
(a) Headlights meeting the requirements of RCW 46.37.030 and
46.37.040 and used at all times when the vehicle is in motion upon a
highway;
(b) One tail lamp meeting the requirements of RCW 46.37.525;
(c) A stop lamp meeting the requirements of RCW 46.37.200;
(d) Reflectors meeting the requirements of RCW 46.37.060;
(e) Turn signals meeting the requirements of RCW 46.37.200;
(f) A mirror on the left handlebar, which must be located to give
the operator a complete view of the highway for a distance of at least
two hundred feet to the rear of the vehicle;
(g) A windshield, unless the operator wears glasses, goggles, or a
face shield while operating the vehicle, of a type conforming to rules
adopted by the Washington state patrol;
(h) A horn or warning device meeting the requirements of RCW
46.37.380;
(i) Brakes in working order; and
(j) A spark arrester and muffling device meeting the requirements
of RCW 46.09.470.
(4) A person must:
(a) Certify under oath, on a form provided by the department, that
the equipment listed in subsection (3) of this section has been
installed on the four-wheel all-terrain vehicle and that the equipment
is operable and meets the requirements of this section. A person who
makes a false statement regarding the installation of the equipment
listed in subsection (3) of this section is guilty of false swearing,
a gross misdemeanor, under RCW 9A.72.040; or
(b) Provide a declaration that includes the following:
(i) Documentation of a safety inspection to be completed by a
licensed four-wheel all-terrain vehicle dealer or repair shop in the
state of Washington that must outline the vehicle information and
certify under oath that all four-wheel all-terrain vehicle equipment as
required under this section meets the requirements outlined in state
and federal law. A person who makes a false statement regarding the
inspection of equipment required under this section is guilty of false
swearing, a gross misdemeanor, under RCW 9A.72.040;
(ii) Documentation that the licensed four-wheel all-terrain vehicle
dealer or repair shop did not charge more than one hundred dollars per
safety inspection and that the entire safety inspection fee is paid
directly and only to the licensed four-wheel all-terrain dealer or
repair shop;
(iii) A statement that the licensed four-wheel all-terrain vehicle
dealer or repair shop is entitled to the full amount charged for the
safety inspection;
(iv) A vehicle identification number verification that must be
completed by a licensed four-wheel all-terrain vehicle dealer or repair
shop in the state of Washington; and
(v) A release signed by the owner of the four-wheel all-terrain
vehicle and verified by the department, county auditor or other agent,
or subagent appointed by the director that releases the state from any
liability and outlines that the owner understands that the original
four-wheel all-terrain vehicle was not manufactured for on-road use and
that it has been modified for use on public roads.
(5) Any four-wheel all-terrain vehicle must have a current and
proper off-road vehicle registration or temporary ORV use permit under
chapter 46.09 RCW for off-road use.
(6) Any four-wheel all-terrain vehicle that is road legal must have
a decal identifying the vehicle as being road legal. The department of
licensing is directed to design a license plate that can be used on any
four-wheel all-terrain vehicle, and will accommodate the decal required
under this subsection authorizing on-road usage by four-wheel all-terrain vehicles.
(7) Every person operating a four-wheel all-terrain vehicle under
this section is granted all rights and is subject to all duties
applicable to the operator of a motorcycle under RCW 46.37.530 and
chapter 46.61 RCW, unless otherwise stated in this act, except that
four-wheel all-terrain vehicles may not be operated side-by-side in a
single lane of traffic. Four-wheel all- terrain vehicles are subject
to chapter 46.55 RCW.
(7) Except as provided in subsection (4) of this section, any
person who violates this section commits a traffic infraction.
(8) Accidents must be recorded and tracked in compliance with
chapter 46.52 RCW. An accident report must indicate and be tracked
separately when any of the vehicles involved are a four-wheel all-terrain vehicle.
(9) Local authorities may not establish requirements for the
registration of four-wheel all-terrain vehicles.
(10) This section does not apply to emergency services vehicles or
vehicles used to transport agricultural and timber products.
Sec. 5 RCW 46.09.310 and 2010 c 161 s 213 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Advisory committee" means the nonhighway and off-road vehicle
activities advisory committee established in RCW 46.09.340.
(2) "Board" means the recreation and conservation funding board
established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at
wholesale or retail in this state.
(4) "Highway," for the purpose of this chapter only, means the
entire width between the boundary lines of every roadway publicly
maintained by the state department of transportation or any county or
city with funding from the motor vehicle fund. A highway is generally
capable of travel by a conventional two-wheel drive passenger
automobile during most of the year and in use by such vehicles.
(5) "Nonhighway road" means any road owned or managed by a public
agency, a primitive road, or any private road for which the owner has
granted an easement for public use for which appropriations from the
motor vehicle fund were not used for (a) original construction or
reconstruction in the last twenty-five years; or (b) maintenance in the
last four years.
(6) "Nonhighway road recreation facilities" means recreational
facilities that are adjacent to, or accessed by, a nonhighway road and
intended primarily for nonhighway road recreational users.
(7) "Nonhighway road recreational user" means a person whose
purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonhighway road recreational purposes, including, but not
limited to, hunting, fishing, camping, sightseeing, wildlife viewing,
picnicking, driving for pleasure, kayaking/canoeing, and gathering
berries, firewood, mushrooms, and other natural products.
(8) "Nonhighway vehicle" means any motorized vehicle including an
ORV when used for recreational purposes on nonhighway roads, trails, or
a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the
water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or
rebate under chapter 82.36 RCW while an exemption or rebate is claimed.
This exemption includes but is not limited to farm, construction, and
logging vehicles.
(9) "Nonmotorized recreational facilities" means recreational
trails and facilities that are adjacent to, or accessed by, a
nonhighway road and intended primarily for nonmotorized recreational
users.
(10) "Nonmotorized recreational user" means a person whose purpose
for consuming fuel on a nonhighway road or off-road is primarily for
nonmotorized recreational purposes including, but not limited to,
walking, hiking, backpacking, climbing, cross-country skiing,
snowshoeing, mountain biking, horseback riding, and pack animal
activities.
(11) "Organized competitive event" means any competition,
advertised in advance through written notice to organized clubs or
published in local newspapers, sponsored by recognized clubs, and
conducted at a predetermined time and place.
(12) "ORV recreation facilities" include, but are not limited to,
ORV trails, trailheads, campgrounds, ORV sports parks, and ORV use
areas, designated for ORV use by the managing authority ((that are
intended primarily for ORV recreational users)).
(13) "ORV recreational user" means a person whose purpose for
consuming fuel on nonhighway roads or off-road is primarily for ORV
recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or
dune buggy.
(14) "ORV sports park" means a facility designed to accommodate
competitive ORV recreational uses including, but not limited to,
motocross racing, four-wheel drive competitions, and flat track racing.
Use of ORV sports parks can be competitive or noncompetitive in nature.
(15) "ORV trail" means a multiple-use corridor designated by the
managing authority and maintained for recreational use by motorized
vehicles.
(16) "Direct supervision" means that the supervising adult must be
in a position, on another all-terrain vehicle, utility terrain vehicle,
or specialty off-highway vehicle or motorbike or, if on the ground,
within three hundred feet of the unlicensed operator, to provide close
support, assistance, or direction to the unlicensed operator.
(17) "Emergency management" means the preparation for and the
carrying out of all emergency functions to mitigate, prepare for,
respond to, and recover from emergencies and disasters, and to aid
victims suffering from injury or damage, resulting from disasters
caused by all hazards, whether natural, technological, or human caused,
and to provide support for search and rescue operations for persons and
property in distress.
(18) "Primitive roads" means a linear route managed for use by
four-wheel drive or high-clearance vehicles that is generally not
maintained or paved, a road designated by a county as primitive under
RCW 36.75.300, or a road designated by a city as primitive under a
local ordinance.
Sec. 6 RCW 46.09.360 and 2006 c 212 s 4 are each amended to read
as follows:
(1) Notwithstanding any of the provisions of this chapter, any
city, county, or other political subdivision of this state, or any
state agency, may regulate the operation of nonhighway vehicles on
public lands, waters, and other properties under its jurisdiction, and
on streets, roads, or highways within its boundaries as outlined in
this section, by adopting regulations or ordinances of its governing
body, provided such regulations are not less stringent than the
provisions of this chapter. ((However, the legislative body of a city
with a population of less than three thousand persons may, by
ordinance, designate a street or highway within its boundaries to be
suitable for use by off-road vehicles. The legislative body of a
county may, by ordinance, designate a road or highway within its
boundaries to be suitable for use by off-road vehicles if the road or
highway is a direct connection between a city with a population of less
than three thousand persons and an off-road vehicle recreation
facility.))
(2) The legislative body of a city or county may, by ordinance,
designate a street, highway, or segment of highway within its
boundaries with a speed limit greater than thirty-five miles per hour
to be suitable for use by off-road vehicles.
(3) The legislative body of a city or county may, by ordinance,
designate a road or highway within its boundaries to be unsuitable for
use by off-road vehicles.
(4) Any roadways authorized by a legislative body of a city or
county under this section must be listed publicly and made accessible
from the main page of the city or county web site.
(5) For purposes of this section, "off-road vehicles" does not
include four-wheel all-terrain vehicles as defined in section 2 of this
act.
Sec. 7 RCW 46.09.420 and 2011 c 171 s 26 are each amended to read
as follows:
ORV registrations and decals are required under this chapter except
for the following:
(1) Off-road vehicles owned and operated by the United States,
another state, or a political subdivision of the United States or
another state.
(2) Off-road vehicles owned and operated by this state, a
municipality, or a political subdivision of this state or the
municipality.
(3) Off-road vehicles operated on agricultural and timber lands
owned or leased by the off-road vehicle owner or operator.
(4) Off-road vehicles owned by a resident of another state that
have a valid ORV use permit or vehicle registration issued in
accordance with the laws of the other state. This exemption applies
only to the extent that a similar exemption or privilege is granted
under the laws of that state.
(5) Off-road vehicles while being used for ((search and rescue))
emergency management purposes under the authority or direction of an
appropriate search and rescue, emergency management, or law enforcement
agency.
(6) Vehicles registered under chapter 46.16A RCW except for four-wheel all-terrain vehicles registered for use under section 4 of this
act, or, in the case of nonresidents, vehicles validly registered for
operation over public highways in the jurisdiction of the owner's
residence.
(7) Off-road vehicles operated by persons who, in good faith,
render emergency care, assistance, or advice with respect to an
incident involving off-road vehicles. Persons who operate off-road
vehicles to render such care, assistance, or advice are not liable for
civil damages resulting from any act or omission in the rendering of
such care, assistance, or advice, other than acts or omissions
constituting gross negligence or willful or wanton misconduct.
Sec. 8 RCW 46.09.450 and 2011 c 171 s 27 are each amended to read
as follows:
(1) Except as otherwise provided in this section, it is lawful to
operate an off-road vehicle upon:
(a) ((A nonhighway road and in parking areas serving designated
off-road vehicle areas if the state, federal, local, or private
authority responsible for the management of the nonhighway road
authorizes the use of off-road vehicles)) Any road, nonhighway road, or
highway within the state with a posted speed limit of thirty-five miles
per hour or less so long as it has not been designated as unsuitable
for off-road use under RCW 46.09.360; ((and))
(b) A street, road, or highway as authorized under RCW 46.09.360;
and
(c) Any road, trail, nonhighway road, or highway within the state
while being used under the authority or direction of an appropriate
emergency management, search and rescue, or law enforcement agency
within the scope of the agency's official duties.
(2) ((Operations of)) An off-road vehicle operated on a nonhighway
road((,)) or on a street, road, or highway as authorized under RCW
46.09.360((, under)) and this section is exempt from both registration
requirements of chapter 46.16A RCW and vehicle lighting and equipment
requirements of chapter 46.37 RCW.
(3) It is unlawful to operate an off-road vehicle upon a private
nonhighway road if the road owner has not authorized the use of off-road vehicles.
(4) It is unlawful to operate an off-road vehicle on any interstate
highway, United States highway, numbered state highway, divided
highway, or limited access highway and its center median.
(5) Nothing in this section authorizes trespass on private
property.
(((5))) (6) The provisions of RCW 4.24.210(5) ((shall)) apply to
public and private landowners who allow members of the public to use
public facilities accessed by a highway, street, or nonhighway road for
recreational off-road vehicle use.
Sec. 9 RCW 46.09.460 and 2005 c 213 s 5 are each amended to read
as follows:
(1) Except as specified in subsection (2) of this section, no
person under ((thirteen)) sixteen years of age may operate an off-road
vehicle on or across a highway or nonhighway road in this state. This
prohibition does not apply when a person under sixteen years of age is
acting in accordance with RCW 46.09.420 (5) and (7).
(2) Persons under ((thirteen)) sixteen years of age may operate an
off-road vehicle ((on)) across a highway, on a nonhighway road
designated for off-road vehicle use, or on a primitive road under the
direct supervision of a person eighteen years of age or older
possessing a valid license to operate a motor vehicle under chapter
46.20 RCW.
Sec. 10 RCW 46.09.530 and 2010 c 161 s 223 are each amended to
read as follows:
(1) After deducting administrative expenses and the expense of any
programs conducted under this chapter, the board shall, at least once
each year, distribute the funds it receives under RCW 46.68.045 and
46.09.520 to state agencies, counties, municipalities, federal
agencies, nonprofit off-road vehicle organizations, and Indian tribes.
Funds distributed under this section to nonprofit off-road vehicle
organizations may be spent only on projects or activities that benefit
off-road vehicle recreation on publicly owned lands or lands once
publicly owned that come into private ownership in a federally approved
land exchange completed between January 1, 1998, and January 1, 2005.
(2) The board shall adopt rules governing applications for funds
administered by the recreation and conservation office under this
chapter and shall determine the amount of money distributed to each
applicant. Agencies receiving funds under this chapter for capital
purposes shall consider the possibility of contracting with the state
parks and recreation commission, the department of natural resources,
or other federal, state, and local agencies to employ the youth
development and conservation corps or other youth crews in completing
the project.
(3) The board shall require each applicant for acquisition or
development funds under this section to comply with the requirements of
either the state environmental policy act, chapter 43.21C RCW, or the
national environmental policy act (42 U.S.C. Sec. 4321 et seq.).
Sec. 11 RCW 46.17.200 and 2011 c 171 s 56 are each amended to
read as follows:
(1) In addition to all other fees and taxes required by law, the
department, county auditor or other agent, or subagent appointed by the
director shall charge:
(a) The following license plate fees for each license plate, unless
the owner or type of vehicle is exempt from payment:
FEE TYPE | FEE | DISTRIBUTION |
Reflectivity | $ 2.00 | RCW 46.68.070 |
Replacement | $ 10.00 | RCW 46.68.070 |
Replacement, four-wheel all-terrain vehicle | $ 2.00 | Section 19 of this act |
Replacement, motorcycle | $ 2.00 | RCW 46.68.070 |
Original issue, moped | $1.50 | RCW 46.68.070 |
Sec. 12 RCW 46.17.350 and 2010 c 161 s 531 are each amended to
read as follows:
(1) Before accepting an application for a vehicle registration, the
department, county auditor or other agent, or subagent appointed by the
director shall require the applicant, unless specifically exempt, to
pay the following vehicle license fee by vehicle type:
VEHICLE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
(b) Camper | $ 4.90 | $ 3.50 | RCW 46.68.030 |
(c) Commercial trailer | $ 34.00 | $ 30.00 | RCW 46.68.035 |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
$ 30.00 | $ 30.00 | Section 19 of this act | |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
(( | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(( | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(( | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(( | $ 18.00 | $ 18.00 | RCW 46.68.045 |
(( | $ 30.00 | $ 30.00 | RCW 46.68.030 |
$ 15.00 | $ 15.00 | RCW 46.68.035(2) | |
(( | $ 30.00 | $ 30.00 | RCW 46.68.350 |
(( | $ 12.00 | $ 12.00 | RCW 46.68.350 |
(( | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(( | $ 30.00 | $ 30.00 | RCW 46.68.030 |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
(( | $ 30.00 | $ 30.00 | RCW 46.68.030 |
Sec. 13 RCW 46.16A.080 and 2011 c 171 s 45 are each amended to
read as follows:
The following vehicles are not required to be registered under this
chapter:
(1) Converter gears used to convert a semitrailer into a trailer or
a two-axle truck or tractor into a three or more axle truck or tractor
or used in any other manner to increase the number of axles of a
vehicle;
(2) Electric-assisted bicycles;
(3)(a) Farm implements, tractors, trailers, and other farm vehicles
(i) operated within a radius of fifteen miles of the farm where it is
principally used or garaged, including trailers designed as cook or
bunk houses, (ii) used exclusively for animal herding, and (iii)
temporarily operating or drawn upon the public highways, and (b)
trailers used exclusively to transport farm implements from one farm to
another during daylight hours or at night when the trailer is equipped
with lights that comply with applicable law;
(4) Forklifts operated during daylight hours on public highways
adjacent to and within five hundred feet of the warehouses they serve;
(5) Golf carts, as defined in RCW 46.04.1945, operating within a
designated golf cart zone as described in RCW 46.08.175;
(6) Motor vehicles operated solely within a national recreation
area that is not accessible by a state highway, including motorcycles,
motor homes, passenger cars, and sport utility vehicles. This
exemption applies only after initial registration;
(7) Motorized foot scooters;
(8) Nurse rigs or equipment auxiliary for the use of and designed
or modified for the fueling, repairing, or loading of spray and
fertilizer applicator rigs and not used, designed, or modified
primarily for the purpose of transportation;
(9) Off-road vehicles operated on a street, road, or highway as
authorized under RCW 46.09.360, or nonhighway roads under RCW
46.09.450. For purposes of this subsection "off-road vehicles" does
not include four-wheel all-terrain vehicles registered for use under
section 4 of this act;
(10) Special highway construction equipment;
(11) Dump trucks and tractor-dump trailer combinations that are:
(a) Designed and used primarily for construction work on highways;
(b) Not designed or used primarily for the transportation of
persons or property on a public highway; and
(c) Only incidentally operated or moved over the highways;
(12) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation;
(13) Tow dollies;
(14) Trams used for transporting persons to and from facilities
related to the horse racing industry as regulated in chapter 67.16 RCW,
as long as the public right-of-way routes over which the trams operate
are not more than one mile from end to end, the public rights-of-way
over which the tram operates have average daily traffic of not more
than fifteen thousand vehicles per day, and the activity is in
conformity with federal law. The operator must be a licensed driver
and at least eighteen years old. For the purposes of this section,
"tram" also means a vehicle, or combination of vehicles linked together
with a single mode of propulsion, used to transport persons from one
location to another; and
(15) Vehicles used by the state parks and recreation commission
exclusively for park maintenance and operations upon public highways
within state parks.
Sec. 14 RCW 46.30.020 and 2011 c 171 s 76 are each amended to
read as follows:
(1)(a) No person may operate a motor vehicle subject to
registration under chapter 46.16A RCW in this state unless the person
is insured under a motor vehicle liability policy with liability limits
of at least the amounts provided in RCW 46.29.090, is self-insured as
provided in RCW 46.29.630, is covered by a certificate of deposit in
conformance with RCW 46.29.550, or is covered by a liability bond of at
least the amounts provided in RCW 46.29.090. Written proof of
financial responsibility for motor vehicle operation must be provided
on the request of a law enforcement officer in the format specified
under RCW 46.30.030.
(b) A person who drives a motor vehicle that is required to be
registered in another state that requires drivers and owners of
vehicles in that state to maintain insurance or financial
responsibility shall, when requested by a law enforcement officer,
provide evidence of financial responsibility or insurance as is
required by the laws of the state in which the vehicle is registered.
(c) When asked to do so by a law enforcement officer, failure to
display an insurance identification card as specified under RCW
46.30.030 creates a presumption that the person does not have motor
vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance is a
traffic infraction and is subject to penalties as set by the supreme
court under RCW 46.63.110 or community restitution.
(2) If a person cited for a violation of subsection (1) of this
section appears in person before the court or a violations bureau and
provides written evidence that at the time the person was cited, he or
she was in compliance with the financial responsibility requirements of
subsection (1) of this section, the citation shall be dismissed and the
court or violations bureau may assess court administrative costs of
twenty-five dollars at the time of dismissal. In lieu of personal
appearance, a person cited for a violation of subsection (1) of this
section may, before the date scheduled for the person's appearance
before the court or violations bureau, submit by mail to the court or
violations bureau written evidence that at the time the person was
cited, he or she was in compliance with the financial responsibility
requirements of subsection (1) of this section, in which case the
citation shall be dismissed without cost, except that the court or
violations bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under RCW
46.18.255, governed by RCW 46.16A.170, or registered with the
Washington utilities and transportation commission as common or
contract carriers; or
(b) The operation of a motorcycle as defined in RCW 46.04.330, a
motor-driven cycle as defined in RCW 46.04.332, ((or)) a moped as
defined in RCW 46.04.304, or an off-road vehicle as defined in RCW
46.04.365.
(4) RCW 46.29.490 shall not be deemed to govern all motor vehicle
liability policies required by this chapter but only those certified
for the purposes stated in chapter 46.29 RCW.
Sec. 15 RCW 79A.80.010 and 2011 c 320 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" or "agencies" means the department of fish and
wildlife, the department of natural resources, and the parks and
recreation commission.
(2) "Annual natural investment permit" means the annual permit
issued by the parks and recreation commission for the purpose of
launching boats from the designated state parks boat launch sites.
(3) "Camper registration" means proof of payment of a camping fee
on recreational lands managed by the parks and recreation commission.
(4) "Day-use permit" means the permit created in RCW 79A.80.030.
(5) "Discover pass" means the annual pass created in RCW
79A.80.020.
(6) "Motor vehicle" has the same meaning as defined in RCW
46.04.320 and which are required to be registered under chapter 46.16A
RCW. "Motor vehicle" does not include those motor vehicles exempt from
registration under RCW 46.16A.080, four-wheel all-terrain vehicles
registered for use under section 4 of this act, and state and publicly
owned motor vehicles as provided in RCW 46.16A.170.
(7) "Recreation site or lands" means a state park or fish and
wildlife conservation sites including water access areas, boat ramps,
wildlife areas, parking areas, roads, and trailheads, or department of
natural resources developed or designated recreation areas, sites,
trailheads, and parking areas.
(8) "Sno-park seasonal permit" means the seasonal permit issued by
the parks and recreation commission for providing access to winter
recreational facilities for the period of November 1st through March
31st.
(9) "Vehicle access pass" means the pass created in RCW 79A.80.040.
NEW SECTION. Sec. 16 A new section is added to chapter 46.09 RCW
to read as follows:
(1) A person may operate a nonhighway vehicle upon public lands
consistent with the local land management requirements; however, in all
events, operation is limited to the roads, trails, and other
specifically designated areas.
(2) A violation of this section is a traffic infraction with a
penalty of up to five hundred dollars.
(3) Any law enforcement officer may issue a notice of traffic
infraction for a violation of subsection (1) of this section whether or
not the infraction was committed in the officer's presence, as long as
there is reasonable evidence presented that the operator of the off-road vehicle committed a violation of subsection (1) of this section.
At a minimum, the evidence must include information relating to the
time and location at which the violation occurred, and the off-road
vehicle license plate number or a description of the vehicle involved
in the violation.
(4) The law enforcement officer shall initiate an investigation of
a reported violation of subsection (1) of this section after receiving
the evidence described under subsection (3) of this section by
contacting the owner of the off-road vehicle involved in the reported
violation and requesting the owner to supply information identifying
the operator. If, after an investigation, the law enforcement officer
is able to identify the operator and has reasonable cause to believe a
violation of subsection (1) of this section has occurred, the law
enforcement officer shall prepare a notice of traffic infraction and
have it served upon the operator of the off-road vehicle.
Sec. 17 RCW 46.09.470 and 2011 c 171 s 28 and 2011 c 121 s 4 are
each reenacted and amended to read as follows:
(1) Except as provided in subsection (4) of this section, it is a
traffic infraction for any person to operate any nonhighway vehicle:
(a) In such a manner as to endanger the property of another;
(b) On lands not owned by the operator or owner of the nonhighway
vehicle without a lighted headlight and taillight between the hours of
dusk and dawn, or when otherwise required for the safety of others
regardless of ownership;
(c) On lands not owned by the operator or owner of the nonhighway
vehicle without an adequate braking device or when otherwise required
for the safety of others regardless of ownership;
(d) Without a spark arrester approved by the department of natural
resources;
(e) Without an adequate, and operating, muffling device which
effectively limits vehicle noise to no more than eighty-six decibels on
the "A" scale at fifty feet as measured by the Society of Automotive
Engineers (SAE) test procedure J 331a, except that a maximum noise
level of one hundred and five decibels on the "A" scale at a distance
of twenty inches from the exhaust outlet shall be an acceptable
substitute in lieu of the Society of Automotive Engineers test
procedure J 331a when measured:
(i) At a forty-five degree angle at a distance of twenty inches
from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at a steady
speed equal to one-half of the manufacturer's maximum allowable ("red
line") engine speed or where the manufacturer's maximum allowable
engine speed is not known the test speed in revolutions per minute
calculated as sixty percent of the speed at which maximum horsepower is
developed; and
(iii) With the microphone placed ten inches from the side of the
vehicle, one-half way between the lowest part of the vehicle body and
the ground plane, and in the same lateral plane as the rearmost exhaust
outlet where the outlet of the exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the nonhighway
vehicle upon the shoulder or inside bank or slope of any nonhighway
road or highway, or upon the median of any divided highway;
(g) On lands not owned by the operator or owner of the nonhighway
vehicle in any area or in such a manner so as to unreasonably expose
the underlying soil, or to create an erosion condition, or to injure,
damage, or destroy trees, growing crops, or other vegetation;
(h) On lands not owned by the operator or owner of the nonhighway
vehicle or on any nonhighway road or trail, when these are restricted
to pedestrian or animal travel;
(i) On any public lands in violation of rules and regulations of
the agency administering such lands; and
(j) On a private nonhighway road in violation of RCW 46.09.450(3).
(2) It is a misdemeanor for any person to operate any nonhighway
vehicle while under the influence of intoxicating liquor or a
controlled substance.
(3)(a) Except for an off-road vehicle equipped with seat belts and
roll bars or an enclosed passenger compartment, it is a traffic
infraction for any person to operate or ride an off-road vehicle on a
nonhighway road without wearing upon his or her head a motorcycle
helmet fastened securely while in motion. For purposes of this
section, "motorcycle helmet" has the same meaning as provided in RCW
46.37.530.
(b) Subsection (3)(a) of this section does not apply to an off-road
vehicle operator operating on his or her own land.
(c) Subsection (3)(a) of this section does not apply to an off-road
vehicle operator operating on agricultural lands owned or leased by the
off-road vehicle operator or the operator's employer.
(4) It is not a traffic infraction to operate an off-road vehicle
on a street, road, or highway as authorized under RCW 46.09.360 ((or)),
46.61.705, or section 4 of this act.
Sec. 18 RCW 46.63.020 and 2010 c 252 s 3, 2010 c 161 s 1125, and
2010 c 8 s 9077 are each reenacted and amended to read as follows:
Failure to perform any act required or the performance of any act
prohibited by this title or an equivalent administrative regulation or
local law, ordinance, regulation, or resolution relating to traffic
including parking, standing, stopping, and pedestrian offenses, is
designated as a traffic infraction and may not be classified as a
criminal offense, except for an offense contained in the following
provisions of this title or a violation of an equivalent administrative
regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.470(2) relating to the operation of a nonhighway
vehicle while under the influence of intoxicating liquor or a
controlled substance;
(2) RCW 46.09.480 relating to operation of nonhighway vehicles;
(3) RCW 46.10.490(2) relating to the operation of a snowmobile
while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(4) RCW 46.10.495 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of title,
registration certificates, and markings indicating that a vehicle has
been destroyed or declared a total loss;
(6) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of
taxes and fees by failure to register a vehicle and falsifying
residency when registering a motor vehicle;
(7) RCW 46.16A.520 relating to permitting unauthorized persons to
drive;
(8) RCW 46.16A.320 relating to vehicle trip permits;
(9) RCW 46.19.050 relating to knowingly providing false information
in conjunction with an application for a special placard or license
plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid driver's
license;
(11) RCW 46.20.091 relating to false statements regarding a
driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of
a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked
license or status;
(14) RCW 46.20.345 relating to the operation of a motor vehicle
with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an
occupational driver's license, temporary restricted driver's license,
or ignition interlock driver's license;
(16) RCW 46.20.740 relating to operation of a motor vehicle without
an ignition interlock device in violation of a license notation that
the device is required;
(17) RCW 46.20.750 relating to circumventing an ignition interlock
device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of
financial responsibility;
(21) RCW 46.35.030 relating to recording device information;
(22) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(23) RCW 46.37.650 relating to the sale, resale, distribution, or
installation of a previously deployed air bag;
(24) RCW 46.37.671 through 46.37.675 relating to signal preemption
devices;
(25) RCW 46.44.180 relating to operation of mobile home pilot
vehicles;
(26) RCW 46.48.175 relating to the transportation of dangerous
articles;
(27) RCW 46.52.010 relating to duty on striking an unattended car
or other property;
(28) RCW 46.52.020 relating to duty in case of injury to or death
of a person or damage to an attended vehicle;
(29) RCW 46.52.090 relating to reports by repairers, storage
persons, and appraisers;
(30) RCW 46.52.130 relating to confidentiality of the driving
record to be furnished to an insurance company, an employer, and an
alcohol/drug assessment or treatment agency;
(31) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(32) RCW 46.55.035 relating to prohibited practices by tow truck
operators;
(33) RCW 46.55.300 relating to vehicle immobilization;
(34) RCW 46.61.015 relating to obedience to police officers,
flaggers, or firefighters;
(35) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(36) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(37) RCW 46.61.024 relating to attempting to elude pursuing police
vehicles;
(38) RCW 46.61.212(4) relating to reckless endangerment of
emergency zone workers;
(39) RCW 46.61.500 relating to reckless driving;
(40) RCW 46.61.502 and 46.61.504 relating to persons under the
influence of intoxicating liquor or drugs;
(41) RCW 46.61.503 relating to a person under age twenty- one
driving a motor vehicle after consuming alcohol;
(42) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(43) RCW 46.61.522 relating to vehicular assault;
(44) RCW 46.61.5249 relating to first degree negligent driving;
(45) RCW 46.61.527(4) relating to reckless endangerment of roadway
workers;
(46) RCW 46.61.530 relating to racing of vehicles on highways;
(47) RCW 46.61.655(7) (a) and (b) relating to failure to secure a
load;
(48) RCW 46.61.685 relating to leaving children in an unattended
vehicle with the motor running;
(49) Section 4(4) of this act relating to a false statement
regarding the inspection of and installation of equipment on four-wheel
all-terrain vehicles;
(50) RCW 46.61.740 relating to theft of motor vehicle fuel;
(((50))) (51) RCW 46.64.010 relating to unlawful cancellation of or
attempt to cancel a traffic citation;
(((51))) (52) RCW 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(((52))) (53) Chapter 46.65 RCW relating to habitual traffic
offenders;
(((53))) (54) RCW 46.68.010 relating to false statements made to
obtain a refund;
(((54))) (55) Chapter 46.70 RCW relating to unfair motor vehicle
business practices, except where that chapter provides for the
assessment of monetary penalties of a civil nature;
(((55))) (56) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(((56))) (57) RCW 46.72A.060 relating to limousine carrier
insurance;
(((57))) (58) RCW 46.72A.070 relating to operation of a limousine
without a vehicle certificate;
(((58))) (59) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(((59))) (60) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((60))) (61) Chapter 46.82 RCW relating to driver's training
schools;
(((61))) (62) RCW 46.87.260 relating to alteration or forgery of a
cab card, letter of authority, or other temporary authority issued
under chapter 46.87 RCW;
(((62))) (63) RCW 46.87.290 relating to operation of an
unregistered or unlicensed vehicle under chapter 46.87 RCW.
NEW SECTION. Sec. 19 A new section is added to chapter 46.68 RCW
to read as follows:
The multiuse roadway safety account is created in the motor vehicle
fund. All receipts from vehicle license fees under RCW 46.17.350(1)(e)
and replacement license plate fees for four-wheel all-terrain vehicles
under RCW 46.17.200(1) must be deposited into the account. Moneys in
the account may be spent only after appropriation. Expenditures from
the account may be used only for grants administered by the department
of transportation to: (1) Counties to perform safety engineering
analysis of mixed vehicle use on any road within a county; (2) local
governments to provide funding to erect signs providing notice to the
motoring public that four-wheel all-terrain vehicles are present; and
(3) local governments to provide funding to erect signs providing
notice of an off-road vehicle crossing.
Sec. 20 RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s.
c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c 272 s
3, 2011 c 120 s 3, and 2011 c 83 s 7 are each reenacted and amended to
read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capital vessel replacement account, the capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the Columbia river basin
taxable bond water supply development account, the Columbia river basin
water supply revenue recovery account, the common school construction
fund, the county arterial preservation account, the county criminal
justice assistance account, the county sales and use tax equalization
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the Interstate 405
express toll lanes operations account, the education construction fund,
the education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
the health system capacity account, the high capacity transportation
account, the state higher education construction account, the higher
education construction account, the highway bond retirement fund, the
highway infrastructure account, the highway safety account, the high
occupancy toll lanes operations account, the hospital safety net
assessment fund, the industrial insurance premium refund account, the
judges' retirement account, the judicial retirement administrative
account, the judicial retirement principal account, the local leasehold
excise tax account, the local real estate excise tax account, the local
sales and use tax account, the marine resources stewardship trust
account, the medical aid account, the mobile home park relocation fund,
the motor vehicle fund, the motorcycle safety education account, the
multiagency permitting team account, the multimodal transportation
account, the multiuse roadway safety account, the municipal criminal
justice assistance account, the municipal sales and use tax
equalization account, the natural resources deposit account, the oyster
reserve land account, the pension funding stabilization account, the
perpetual surveillance and maintenance account, the public employees'
retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the public facilities
construction loan revolving account beginning July 1, 2004, the public
health supplemental account, the public transportation systems account,
the public works assistance account, the Puget Sound capital
construction account, the Puget Sound ferry operations account, the
Puyallup tribal settlement account, the real estate appraiser
commission account, the recreational vehicle account, the regional
mobility grant program account, the resource management cost account,
the rural arterial trust account, the rural mobility grant program
account, the rural Washington loan fund, the site closure account, the
skilled nursing facility safety net trust fund, the small city pavement
and sidewalk account, the special category C account, the special
wildlife account, the state employees' insurance account, the state
employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the state patrol highway account, the state route number 520
civil penalties account, the state route number 520 corridor account,
the state wildlife account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the transportation 2003 account (nickel account),
the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement
board bond retirement account, the transportation infrastructure
account, the transportation partnership account, the traumatic brain
injury account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington judicial retirement
system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state economic development
commission account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 21 This act takes effect March 1, 2013."
Correct the title.
EFFECT: (1) Incorporates an intent statement.
(2) Four-wheel all-terrain vehicles must have:
(a) One tail lamp meeting the requirements of RCW 46.37.525; and
(b) A mirror required on the left handlebar, which must be located
to give the operator a complete view of the highway for a distance of
at least two hundred feet to the rear of the vehicle.
(3) Removes the requirements for the fenders on the four-wheel all-
terrain vehicles.
(4) Provides for a person to self-certify that the required
equipment has been installed on the vehicle or the documentation of a
safety inspection to be completed by a licensed four-wheel all-terrain
dealer or repair shop and that the shop did not charge more than $100.
(5) For purposes of a dealer declaration, the owner of the four-
wheel all-terrain vehicle must sign a release relieving the state of
liability and must also state that the original was not manufactured
for on-road use.
(6) Any four-wheel all-terrain vehicle must have a current and
proper off-road vehicle registration or temporary ORV use permit.
(7) Any four-wheel all-terrain vehicle that is road legal must have
a decal identifying the vehicle as being road legal. The department of
licensing is directed to design a license plate that can be used on any
four-wheel all-terrain vehicle, and will accommodate the decal required
under this subsection authorizing on-road usage by four-wheel all-
terrain vehicles.
(8) The registration and decal requirements do not apply to
emergency services vehicles, vehicles used to transport agricultural
and timber products, or persons rendering assistance in case of an
emergency.
(9) Modifies the definitions of nonhighway road and ORV
recreational facilities, and adds definitions for direct supervision,
emergency management, and primitive roads.
(10) Removes population thresholds and allows any city or county to
designate a road as suitable or unsuitable for off-road use. Requires
roadways suitable for off-road use to be listed publicly and made
available on the county or city web site.
(11) It is lawful to operate an off-road vehicle upon any road,
trail, nonhighway road, or highway within the state while being used
under the authority or direction of an appropriate emergency
management, search and rescue, or law enforcement agency within the
scope of the agency's official duties.
(12) It is unlawful to operate an off-road vehicle on any
interstate highway, United States highway, numbered state highway,
divided highway, or limited access highway and its median.
(13) No person under sixteen years of age may operate an off-road
vehicle on or across a highway or nonhighway road in this state, except
in emergency situations. Persons under sixteen years of age may
operate an off-road vehicle across a highway, on a nonhighway road
designated for off-road vehicle use, or on a primitive road under the
direct supervision of a person eighteen years of age or older
possessing a valid license.
(14) Authorizes funds to be spent only on projects or activities
that benefit off-road vehicle recreation on publicly owned lands.
(15) A person may operate a nonhighway vehicle upon public lands
consistent with the local land management requirements; however, in all
events, operation is limited to the roads, trails, and other
specifically designated areas. A violation of the local land
management requirements is a traffic infraction with a penalty of up to
five hundred dollars. For these violations, the officer is not
required to witness the infraction, provided there is reasonable
evidence to initiate an investigation.