AN ACT Relating to special mobile equipment; amending RCW 46.16.160; adding a new section to Title 46 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to Title 46 RCW to read as follows:

(1) It shall be unlawful for any person to operate or transport any unit of special mobile equipment as defined in RCW 46.04.552 in this state unless the unit of special mobile equipment is marked in a conspicuous place on the main chassis with the manufacturer's serial number in a manner that is visible from a distance of not less than fifty feet. Units displaying a valid trip permit issued under RCW 46.16.160 are exempt from the requirements of this section.

(2) Except as provided in subsection (3) of this section, an offense under this section is a misdemeanor punishable by a fine of not less than twenty-five dollars nor more than two hundred dollars, provided the person who commits the offense exhibits, on demand of a law enforcement officer, a written document that contains:

(a) The name, address, and telephone number of the owner of the unit of special mobile equipment;

(b) The point of origin of the unit, including the address and telephone number at that point and the date the unit was picked up;

(d) A description of the unit being transported, including the manufacturer's serial number and other identification numbers;

(e) A description of the motor vehicle transporting the unit; and

(f) The name, address, and telephone number of the person operating the motor vehicle transporting the unit.

(3) An offense under this section is a gross misdemeanor punishable by a fine of not less than two hundred dollars nor more than five hundred dollars, confinement in the county jail for not more than one hundred eighty days, or both a fine and confinement, if:

(a) The person committing the offense fails or refuses to exhibit, on demand of a peace officer, a written document containing information described in subsection (2) of this section;

(b) The person committing the offense exhibits a false or forged written document purporting to contain the information described in subsection (2) of this section; or

(c) During an inspection by the peace officer, the peace officer determines that the identification number of the unit of special mobile equipment has been removed, covered, or altered.

(4) For purposes of subsection (3)(c) of this section, a peace officer has probable cause to inspect a unit of special mobile equipment to determine the identification numbers of the unit if:

(a) The person operating the motor vehicle transporting the unit fails to display on demand a document described in subsection (2) of this section;

(b) The person operating the motor vehicle transporting the unit displays what appears to be a false or forged document described in subsection (2) of this section;

(d) The unit appears to have an identification number that has been altered, covered, or removed.

Sec. 2. Section 46.16.160, chapter 12, Laws of 1961 as last amended by section 6, chapter 244, Laws of 1987 and RCW 46.16.160 are each amended to read as follows:

(1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable. Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170 and special mobile equipment as defined in RCW 46.04.552. For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried. Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration year.

(2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use. No more than three such permits may be used for any one vehicle in any period of thirty consecutive days. Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state. Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit. The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.

(3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.

(4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.

(5) Blank trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department. For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar. If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars. These fees and taxes are in lieu of all other vehicle license fees and taxes. No exchange, credits, or refunds may be given for trip permits after they have been purchased.

(6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public. County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.

(7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.

(8) The department of licensing may adopt rules as it deems necessary to administer this section.

(9) All administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund. Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.