SENATE BILL REPORT
SB 5366
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As of January 27, 2011
Title: An act relating to authorizing the use of four-wheel, all-terrain vehicles on public roadways under certain conditions.
Brief Description: Authorizing the use of four-wheel, all-terrain vehicles on public roadways under certain conditions.
Sponsors: Senators Delvin, Hewitt and Stevens.
Brief History:
Committee Activity: Transportation: 1/26/11.
SENATE COMMITTEE ON TRANSPORTATION |
Staff: Katherine Taylor (786-7434)
Background: A four-wheel, all-terrain vehicle is a type of off-road vehicle (ORV) which is defined as any non-street licensed vehicle used for recreational purposes on non-highway roads, trails, or a variety of other natural terrain.
Currently, ORVs generally may not be operated on public roadways or highways.
Summary of Bill: A person may operate a four-wheel, all-terrain vehicle upon a roadway having a speed limit of 35 mph or less if the driver does not do the following:
generally operate the vehicle upon state highways;
operate the vehicle on a roadway without first having obtained a current and proper vehicle registration and license plates;
operate the vehicle on a roadway without first obtaining a valid driver's license and motor vehicle liability policy;
cross a roadway with a speed limit in excess of 35 mph, unless the crossing begins and ends on a roadway with a speed limit of 35 mph or less and occurs at an intersection of approximately 90 degrees;
cross an uncontrolled intersection of streets and highways that are part of the state highway system unless that intersection has been authorized by local authorities; and
operate on a roadway that is paved with concrete or asphalt, if the vehicle has a solid rear axle.
Further, any four-wheel, all-terrain vehicle operated under this section must have a headlight, taillight, brake light, and a mirror both on the left and right handlebar.
Any person who violates these proposed provisions commits a traffic infraction.
Local authorities are not prevented from exercising their own police power with respect to operation of four-wheel, all-terrain vehicles on streets and highways under their jurisdiction by resolution or ordinance. Also, local authorities may not authorize the operation of four-wheel, all-terrain vehicles on streets and highways that are part of the state highway system or establish requirements for the registration of four-wheel, all-terrain vehicles.
Appropriation: None.
Fiscal Note: Requested on January 24, 2011.
[OFM requested ten-year cost projection pursuant to I-960.]
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: The elderly like to use all-terrain vehicles to get to remote areas, expanded ORV use helps small businesses and ORV dealerships, helps ORV communities, and license plates help enforcement.
CON: All-terrain vehicles kill people, and are not safe on public roads. ORV riders are irresponsible, and hurt wildlife.
Persons Testifying: PRO: Chuck Foster, citizen; Dave Terry, Becky Terry, G & G ATV; Brian Wurts, WA Council of Police Sheriffs; Pat Halstead, WA State Motorsport Dealers Assoc., NW Motorcross Assoc.
CON: Greg Bafondu, Trout Unlimited; Seth Cool, Conservation NW; Steve Lind, WA Traffic Safety Commission; and Jason Berry, Washington State Patrol.