AN ACT Relating to all-terrain vehicles; amending RCW 46.09.020; creating a new chapter in Title 46 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions set forth in this section apply throughout this chapter.

(1) "All-terrain vehicle account" means a restricted receipts account within the state treasury in which must be deposited all moneys received from fees collected and revenue allocated under this chapter and which must be used solely for expenses incurred under this chapter.

(2) "Class I all-terrain vehicle (or Class I ATV)" means any motorized off-highway 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 handlebars for steering control. For purposes of this chapter the term "all-terrain vehicle" means a Class I ATV. Any subdivision of ATVs into more narrowly defined categories shall give consideration to the American National Standards Institute (ANSI) standard for ATVs (ATV 85-01) in its latest amended form.

(3) "Commissioner" means the commissioner of public lands.

(4) "Dealer" means any person engaged in the business of selling, leasing, or renting all-terrain vehicles at retail, at a regular place of business.

(5) "Decal" means a pressure sensitive adhesive-backed label, no larger than three inches by five inches, to indicate the registration number and expiration date assigned to the all-terrain vehicle as prescribed by the commissioner.

(6) "Department" means the department of natural resources.

(7) "Manufacturer" means any person engaged in the business of manufacturing all-terrain vehicles or any importer, distributor, factory branch, or factory representative of the manufacturer.

(8) "Owner" means any person, other than a person with a security interest, having a property interest or title to an all-terrain vehicle and entitled to the use and possession of the vehicle.

(9) "Person" means every natural person, firm, copartnership, association, or corporation.

(10) "Register" means the act of assigning and recording a registration number for an all-terrain vehicle.

NEW SECTION. Sec. 2. Except as provided in section 3 of this act, no person may operate an all-terrain vehicle on public lands within the state after December 31, 1988, unless the all-terrain vehicle has been registered with the department.

NEW SECTION. Sec. 3. A registration is not required for the following:

(1) All-terrain vehicles owned and operated by the United States, another state, or a political subdivision thereof;

(2) All-terrain vehicles owned and operated by this state or by any municipality or political subdivision thereof;

(3) All-terrain vehicles covered by a valid registration of another state or country that have not been within this state for more than thirty days.

NEW SECTION. Sec. 4. A person under the age of eighteen years may not register an all-terrain vehicle.

NEW SECTION. Sec. 5. Application for registration must be made to the department in a form as the commissioner prescribes, and as a minimum shall state the name and address of every owner of the all-terrain vehicle and be signed by at least one owner. The application must be accompanied by the registration fee provided for in this chapter.

NEW SECTION. Sec. 6. (1) Upon receipt of the application and the appropriate fee, the department shall provide to the registrant a registration certificate that includes the registration number of the vehicle, the owner's name and address, and such additional information as the commissioner may require.

(2) With every registration certificate, the department shall provide a decal showing the registration number and expiration date. The decal must be displayed at all times and be affixed to the left rear fender of the all-terrain vehicle.

(3) Any owner of an all-terrain vehicle may renew registration in a manner prescribed by the commissioner upon payment of registration fees.

(4) The certificate of registration issued to the owner of an all-terrain vehicle expires and the decal becomes invalid when ownership of the all-terrain vehicle is transferred. Upon any transfer, the seller (and former owner) shall write the date of sale and the name and address of the new owner on the back of the certificate of registration previously issued to him or her, and within fifteen days from the date of the sale return it to the department. If the former owner applies for registration of a different all-terrain vehicle and pays a transfer fee, the owner may be issued, in his or her name, a certificate of registration for that all-terrain vehicle for the remainder of the registration period without payment of a registration fee.

NEW SECTION. Sec. 7. The department shall retain information concerning each registration. Upon a satisfactory showing that the registration certificate, decal, or card has been lost or destroyed, the department shall issue a replacement registration certificate, decal, or card upon payment of the appropriate fee.

NEW SECTION. Sec. 8. (1) The fee for registration of each all-terrain vehicle under this section, other than those registered by a dealer or manufacturer under subsection (2) or (3) of this section, is eighteen dollars for three years and three dollars for a duplicate or transfer of registration.

(2) The registration fee for all-terrain vehicles owned by a dealer and operated for demonstration or testing purposes is twenty-five dollars per year for the first certificate issued to the dealer and three dollars for each additional certificate issued to the same dealer within the current registration period. Dealer registrations are not transferable.

(3) The registration fee for all-terrain vehicles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes is fifty dollars per year for the first certificate issued to the manufacturer and ten dollars for each additional certificate issued to the same manufacturer within the current registration period. Manufacturer registrations are not transferable.

(4) The department shall issue an identifying registration card in lieu of a registration decal with each dealer or manufacturer certificate. The registration card must be affixed to the all-terrain vehicle in a conspicuous location at all times that the vehicle is in use by the manufacturer or dealer for purposes requiring registration. Any one certificate issued pursuant to this section must be used for only one vehicle at any given time.

(5) The department shall credit the fees collected under sections 2 through 12 of this act to the all-terrain vehicle account.

NEW SECTION. Sec. 9. The commissioner may adopt rules relating to all-terrain vehicles, including:

(1) Registration of all-terrain vehicles and display of registration numbers;

(2) Uses of all-terrain vehicles that affect fish and game resources;

(3) Use of all-terrain vehicles on public lands and waters under the jurisdiction of the commissioner; and

(4) Uniform signs to be used by the state, municipalities, and political subdivisions of the state to control, direct, or regulate the operation and use of all-terrain vehicles.

NEW SECTION. Sec. 10. The chief of the Washington state patrol may adopt additional rules regulating the use of all-terrain vehicles.

NEW SECTION. Sec. 11. (1) The governor may appoint an advisory committee to advise the commissioner on the suitability of projects he initiates with regard to this chapter.

(2) The advisory committee may consist of:

(a) One representative from the department of natural resources;

(b) One representative from the Washington state patrol;

(d) One representative who is a dealer in all-terrain vehicles;

(e) Two all-terrain vehicle operators, one of whom shall represent an all-terrain vehicle user group; and

(f) One representative of a snowmobile user group.

NEW SECTION. Sec. 12. (1) The department shall deposit fees from the registration of all-terrain vehicles and the unrefunded gasoline tax attributable to all-terrain vehicle use into the state treasury and credit the moneys to the all-terrain vehicle account. No less than fifty percent of such moneys shall be appropriated biennially to the department for funding:

(a) The safety education, training, and skills demonstration program as established in section 13 of this act; and

(b) Acquisition, maintenance, and development of vehicle trails and use areas.

!ixThe remaining amount shall be appropriated for the administration, implementation, and enforcement of this chapter.

(2) Revenue credited to the all-terrain vehicle account as prescribed in sections 7, 8, and 15 of this act shall be used only for activities specified in this chapter.

NEW SECTION. Sec. 13. (1) The commissioner shall establish standards for and shall implement a comprehensive all-terrain vehicle safety education, training, and skills demonstration program. The program shall provide for the training of all-terrain vehicle operators, and for the issuance of all-terrain vehicle safety certificates to operators of all ages who successfully complete the training or pass the knowledge and skills test established under the program.

(2) The commissioner shall establish a knowledge and skills test for use in examining persons who desire to obtain a safety certificate. The test will be available to all applicants at times and at locations prescribed by the commissioner.

(3) All operators seeking a safety certificate must successfully pass a knowledge and skills test administered by the commissioner or other party authorized by the commissioner.

(4) For applicants who want formal training to assist them in developing the knowledge and skills necessary to obtain a safety certificate, the commissioner shall establish 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 the commissioner's name.

(5) This program shall incorporate minimum requirements designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of an all-terrain vehicle.

NEW SECTION. Sec. 14. The commissioner shall certify all-terrain vehicle safety instructors. These instructors may act as the commissioner's agents in conducting classes or examinations and issuing safety certificates in the commissioner's name. All-terrain vehicle safety instructors shall meet the following requirements to become certified:

(1) Possess current all-terrain vehicle safety instructor certification issued by a recognized all-terrain vehicle safety organization;

(2) Be at least eighteen years of age and hold a valid motor vehicle driver's license;

(3) The instructor's vehicle driver's license may not have been suspended or revoked any time during the immediately preceding two years; and

(4) Have no conviction for driving under the influence of alcohol or drugs during the immediately preceding five years.

NEW SECTION. Sec. 15. For the purpose of administering the all-terrain vehicle safety education, training, and skills demonstration program established in section 13 of this act, and to defray a portion of the expenses of training and certifying all-terrain vehicle operators, the commissioner may collect a fee of not to exceed five dollars from each person who receives the training, and two dollars from each person who is examined to receive a safety certificate, and shall deposit any fees collected into the all-terrain vehicle account.

NEW SECTION. Sec. 16. (1) The commissioner may authorize private persons, clubs, associations, municipalities, or political subdivisions of the state to act as agents in conducting classes or examinations and issuing all-terrain vehicle safety certificates. Any private person, club, association, or municipality may charge a reasonable fee for the examination or training course.

(2) The commissioner shall regulate and administer the all-terrain vehicle education or training program established by this chapter as prescribed in sections 13 through 19 of this act, and any private party authorized under subsection (1) of this section may not be further regulated by this state's commercial driver training laws and rules.

NEW SECTION. Sec. 17. (1) No person under the age of ten years may operate an all-terrain vehicle on public lands of this state under any conditions.

(2) No person may operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions:

(a) Is taking a prescribed safety training course under the direct supervision of a certified all-terrain vehicle safety instructor;

(b) Is under the direct supervision of a person over the age of eighteen years who holds an appropriate safety certificate issued by this state, or issued under the authority of another state or province of Canada; or

(c) Holds an appropriate safety certificate issued by this state, or issued under the authority of another state or province of Canada.

!ixIn addition, a person under the age of fourteen years must be accompanied by and under the direct supervision of a parent or guardian or be accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian.

NEW SECTION. Sec. 18. If a person who is required to hold an appropriate safety certificate fails to exhibit the safety certificate upon demand to a law enforcement officer having authority to enforce this chapter, the court shall consider this failure to be a rebuttable presumption that the person is not the holder of a safety certificate.

NEW SECTION. Sec. 19. Dealers shall distribute to all-terrain vehicle purchasers safety information, as may be made available by the commissioner or the vehicle manufacturers.

NEW SECTION. Sec. 20. No person may operate an all-terrain vehicle in a careless or reckless manner so as to endanger or to cause injury or damage to any person or property.

NEW SECTION. Sec. 21. (1) Except as provided in this section, an all-terrain vehicle shall not be driven or operated on any public street, road, or highway of this state.

(2) The crossing of a street, road, or highway is permitted only if:

(a) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

(b) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

(d) In crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway; and

(e) If equipped, both the headlight and taillight are on when the crossing is made.

(3) The crossing of any interstate or limited access highway is not permitted.

NEW SECTION. Sec. 22. No operator of a Class I all-terrain vehicle may carry a passenger when operating on public lands.

NEW SECTION. Sec. 23. A person shall not operate or be in actual physical control of an all-terrain vehicle in this state when the person is:

(1) Under the influence of alcohol;

(2) Under the influence of a controlled substance;

(3) Under the influence of a prescription or nonprescription drug that impairs vision or motor coordination; or

(4) Under the influence of a combination of any two or more of the elements in subsections (1) through (3) of this section.

NEW SECTION. Sec. 24. Every all-terrain vehicle operated during the hours of darkness shall display a lighted headlight and taillight. These lights must be in operation during the period of from one-half hour after sunset to one-half hour before sunrise and at any time when visibility is reduced due to insufficient light or unfavorable atmospheric conditions.

NEW SECTION. Sec. 25. Every all-terrain vehicle must be equipped with a brake system maintained in good operating condition.

NEW SECTION. Sec. 26. Every all-terrain vehicle must be equipped with an adequate muffler system in good working condition.

NEW SECTION. Sec. 27. Every all-terrain vehicle must be equipped with a United States Forest Service qualified spark arrester.

NEW SECTION. Sec. 28. No person may:

(1) Equip the exhaust system of an all-terrain vehicle with a cut-out, bypass, or similar device;

(2) Operate an all-terrain vehicle with an exhaust system so modified or;

(3) Operate an all-terrain vehicle with the spark arrester removed or modified except for use in closed course competition events.

NEW SECTION. Sec. 29. All-terrain vehicles participating in certain competitive events may be exempted from sections 26 through 28 of this act at the discretion of the commissioner.

NEW SECTION. Sec. 30. No owner may authorize or permit an all-terrain vehicle to be operated contrary to this chapter.

NEW SECTION. Sec. 31. If an accident results in the death of any person or in the injury of any person that requires the treatment of the person by a physician, the operator of each all-terrain vehicle involved in the accident shall give notice of the accident pursuant to chapter 46.52 RCW.

NEW SECTION. Sec. 32. The commissioner shall determine in cooperation with the department of revenue the sum representing the amount of revenue derived from tax on fuel used in all-terrain vehicles operated in this state. This sum shall be deposited in the all-terrain vehicle account of the state treasury and be appropriated by the legislature for use by the commissioner to carry out the provisions of this chapter.

Sec. 33. Section 7, chapter 47, Laws of 1971 ex. sess. as last amended by section 1, chapter 206, Laws of 1986 and RCW 46.09.020 are each amended to read as follows:

As used in this chapter the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:

"Person" means any individual, firm, partnership, association, or corporation.

"Nonhighway vehicle" means any motorized vehicle when used for recreation travel on trails and nonhighway roads or for recreation cross-country travel on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland, and other natural terrain. Such vehicles include but are not limited to, off-road vehicles, two, three, or four-wheel vehicles, motorcycles, four-wheel drive vehicles, dune buggies, amphibious vehicles, ground effects or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind.

Nonhighway vehicle does not include:

(1) Any vehicle designed primarily for travel on, over, or in the water;

(2) Snowmobiles, all-terrain vehicles regulated by chapter 46.-- RCW (sections 1 through 32 of this act), or any military vehicles; or

(3) 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.

"Off-road vehicle" or "ORV" means any nonhighway vehicle when used for cross-country travel on trails or on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland and other natural terrain.

"ORV use permit" means a permit issued for operation of an off-road vehicle under this chapter.

"ORV trail" means a multiple-use corridor designated and maintained for recreational travel by off-road vehicles that is not normally suitable for travel by conventional two-wheel drive vehicles and is posted or designated by the managing authority of the property that the trail traverses as permitting ORV travel.

"ORV use area" means the entire area of a parcel of land except for camping and approved buffer areas that is posted or designated for ORV use in accordance with rules adopted by the managing authority.

"ORV recreation facility" includes ORV trails and ORV use areas.

"Owner" means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.

"Operator" means each person who operates, or is in physical control of, any nonhighway vehicle.

"Dealer" means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.

"Department" means the department of licensing.

"Hunt" means any effort to kill, injure, capture, or purposely disturb a wild animal or wild bird.

"Nonhighway road" means any road owned or managed by a public agency, or any private road for which the owner has granted a permanent easement for public use of the road, other than a highway generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles and that is not built or maintained with appropriations from the motor vehicle fund.

"Highway," for the purpose of this chapter only, means the entire width between the boundary lines of every way publicly maintained by the state department of transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

"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.

NEW SECTION. Sec. 34. This act shall take effect on January 1, 1989. Section 13 of this act shall be operational on or before January 1, 1990.

NEW SECTION. Sec. 35. Sections 1 through 32 of this act shall constitute a new chapter in Title 46 RCW.