SENATE BILL REPORT
SB 6213
BYSenators Warnke, Owen, Lee and Smitherman
Regulating all-terrain vehicles.
Senate Committee on Transportation
Senate Hearing Date(s):February 3, 1988; February 4, 1988
Majority Report: That Substitute Senate Bill No. 6213 be substituted therefor, and the substitute bill do pass.
Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; Bender, DeJarnatt, Garrett, Hansen, McMullen, Owen.
Senate Staff:Cathy Mayo (786-7304)
February 5, 1988
AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 1988
BACKGROUND:
A suit was filed by the United States at the request of the Consumer Product Safety Commission seeking relief from the risk of an "imminently hazardous consumer product", the three-wheel and four-wheel all terrain vehicle. The reason for this is that there have been over 900 ATV-related deaths and thousands of severe injuries occurring within the United States since 1982.
The suit contends that the ATV industry has not provided sufficient hazard warnings or safety information in its marketing practices and that the industry's training program has not been properly promoted.
In view of the fact that the suit will be lengthy, the ATV industry has determined to take certain immediate and long-term steps. They have negotiated a consent decree which has been adopted by the court and which will govern the promotion and sale of ATVs. The decree requires that the ATV industry mail factual warning and safety information to all known past purchasers of ATVs. All retail dealers have been provided with a copy of the decree which specifies that the customers must understand that failure to obey safety warnings could result in injury or death; that ATV's must be properly matched to their riders, paying strict adherence to age recommendations for various models; and no authorized dealer may complete a sale without first having the customer sign a verification that the dealer has complied with the requirements of the decree. Each dealer has been supplied with a large signboard exhibiting the warning and safety advisory information which they are required to clearly display.
The ATV manufacturers have agreed to stop all marketing of three-wheeled ATVs. They have established a toll-free ATV hot line telephone number to answer all questions regarding the operation and potential risks involved in the operation of ATVs. The industry also has developed model legislation which it is offering to all state legislatures for the purpose of training and regulating ATV riders.
An ATV is included in current law as an off-road vehicle. In order to ride on the public lands of the state an ATV owner must apply for a permit. The fee for an annual permit is $5 with an annual renewal fee of $5. The fee for a temporary use permit valid for sixty days is $2. Every ORV dealer shall purchase an annual ORV dealer permit for a fee of $25. At least 82 percent of this money shall be distributed by the interagency committee for outdoor recreation for planning and development of ORV recreation facilities and nonhighway road recreation facilities, ORV user education and information, and ORV law enforcement. Additional funding is provided through a portion of the 1 percent allocation of the motor vehicle fuel tax earmarked for planning of ORV nonhighway road recreation facilities, education and law enforcement programs.
SUMMARY:
An all-terrain vehicle or ATV is any off-road vehicle fifty inches or less in width, having a dry weight of six hundred pounds or less, traveling on three or more low-pressure tires, designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and having handlebars for steering control.
A manufacturer is any person engaged in the business of manufacturing all-terrain vehicles or any importer, distributor, factory branch, or factory representative of the manufacturer.
An ATV use permit will no longer be accepted in lieu of an off-road vehicle (ORV) use permit.
A minor may not register an ORV.
The Department of Licensing may retain all fees collected for the ATV safety, training, and certification program. It shall retain up to twenty-five percent of the remaining fees collected under this chapter to cover the administrative expenses.
Manufacturers of ORVs are required to obtain a permit to operate such vehicles for research and testing. The permit fee shall be $50 and covers all ORV's owned by the manufacturer.
The department shall establish standards for a program for safety education and certification for ATV operators. This shall include the establishment of a program to certify all-terrain vehicle safety instructors, clubs, associations, municipalities, or political subdivisions of the state to act as agents in conducting classes or examinations and issuing safety certificates in their names. It shall include the training of all-terrain vehicle operators, and the issuance of all- terrain vehicle safety certificates to operators who successfully complete the training or pass the knowledge and skills test established under the program.
Effective January 1, 1989, persons under the age of fourteen are prohibited from operating an ATV on public lands unless they have satisfactorily completed the safety education training or are operating it in a prescribed safety training course under direct supervision of a certified safety instructor. If the person who is required to hold an appropriate safety certificate fails to exhibit the certificate upon demand, a law enforcement officer shall presume that the person does not have a certificate.
No person under the age of eighteen years may operate an ATV without an approved safety helmet.
No operator of an ATV may carry a passenger when operating on public lands.
EFFECT OF PROPOSED SUBSTITUTE:
A person riding an all- terrain vehicle in violation of the education and licensing requirements of this act shall be issued a written warning citation from January 1, 1989 to January 1, 1990.
A minor who may not register an ORV is defined as a person under the age of eighteen years.
Appropriation: none
Revenue: none
Fiscal Note: requested January 25, 1988
Effective Date:Section 7, prohibiting persons under age fourteen from operating an ATV, takes effect January 1, 1989.
Senate Committee - Testified: Don Mapp, Motorcycle Safety Education Administrator, Dept. of Licensing; Dean Morgan, Motorcycle Industrial Council, Specialty Vehicle Institute; Stephen May, Tacoma Metro Parks ORV Coordinator; Steve Sutliff, Yakima County Sheriff's Department