AN ACT Relating to off-road and all-terrain vehicles; amending RCW 46.09.020, 46.09.040, 46.09.070, and 46.09.110; adding new sections to chapter 46.09 RCW; and providing an effective date.

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

Sec. 1. 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 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 unless such vehicles are also being used for recreational purposes.

"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.

"All-terrain vehicle" or "ATV" means 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.

"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.

"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.

"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.

Sec. 2. Section 9, chapter 47, Laws of 1971 ex. sess. as last amended by section 3, chapter 220, Laws of 1977 ex. sess. and RCW 46.09.040 are each amended to read as follows:

Except as provided in this chapter, no person shall operate any off-road vehicle within this state ((~~after January 1, 1978,~~)) unless the off-road vehicle has been assigned an ORV use permit and displays a current ORV tag in accordance with the provisions of this chapter((~~: PROVIDED, That registration and display of an unexpired ATV use permit shall be deemed to have complied with this section~~)).

Sec. 3. Section 12, chapter 47, Laws of 1971 ex. sess. as last amended by section 4, chapter 206, Laws of 1986 and RCW 46.09.070 are each amended to read as follows:

(1) Application for annual or temporary ORV use permits shall be made to the department or its authorized agent in such manner and upon such forms as the department shall prescribe and shall state the name and address of each owner of the off-road vehicle.

(2) An application for an annual permit shall be signed by at least one owner, and shall be accompanied by a fee of five dollars. Upon receipt of the annual permit application and the application fee, the off-road vehicle shall be assigned a use permit number tag or decal, which shall be affixed to the off-road vehicle in a manner prescribed by the department. The annual permit is valid for a period of one year and is renewable each year in such manner as the department may prescribe for an additional period of one year upon payment of a renewal fee of five dollars.

Any person acquiring an off-road vehicle for which an annual permit has been issued who desires to continue to use the permit must, within fifteen days of the acquisition of the off-road vehicle, make application to the department or its authorized agent for transfer of the permit, and the application shall be accompanied by a transfer fee of one dollar.

(3) A temporary use permit is valid for sixty days. Application for a temporary permit shall be accompanied by a fee of two dollars. The permit shall be carried on the vehicle at all times during its operation in the state.

(4) Except as provided in RCW 46.09.050, any out-of-state operator of an off-road vehicle shall, when operating in this state, comply with this chapter, and if an ORV use permit is required under this chapter, the operator shall obtain an annual or temporary permit and tag.

(5) A person under the age of eighteen may not register an ORV.

Sec. 4. Section 16, chapter 47, Laws of 1971 ex. sess. as last amended by section 6, chapter 206, Laws of 1986 and RCW 46.09.110 are each amended to read as follows:

The moneys collected by the department under this chapter shall be distributed from time to time but at least once a year in the following manner:

The department may retain all fees collected for the ATV safety, training, and certification program established by this chapter. Of the remaining fees collected under this chapter, the department shall retain ((~~enough money~~)) up to twenty-five percent to cover expenses incurred in the administration of this chapter((~~: PROVIDED, That such retention shall never exceed eighteen percent of fees collected~~)).

The remaining moneys shall be distributed by the interagency committee for outdoor recreation in accordance with RCW 46.09.170(1)(d).

NEW SECTION. Sec. 5. (1) Each manufacturer of off-road vehicles in this state who operates such vehicles for research, testing, experimentation, or for demonstration purposes shall obtain an ORV permit from the department in the manner and upon forms as the department prescribes. Upon receipt of an application for an ORV manufacturer's permit and the fee under subsection (2) of this section, the department shall register the manufacturer and assign an ORV manufacturer number.

(2) The fee for ORV manufacturers' permits shall be fifty dollars per year. That fee covers all ORV's owned by the manufacturer.

NEW SECTION. Sec. 6. (1) The department 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 who successfully complete the training or pass the knowledge and skills test established under the program.

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

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

(4) For applicants who want formal training to assist them in developing the knowledge and skills necessary to obtain a safety certificate, the department 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 their names.

(5) The program established under this section 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.

(6) The department shall certify all-terrain vehicle safety instructors. These instructors may act as department agents in conducting classes or examinations and issuing safety certificates in the department's name. All-terrain vehicle safety instructors shall meet all of the following requirements to become certified:

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

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

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

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

(7) For the purpose of administering the all-terrain vehicle safety education, training, and skills demonstration program established in this section and to defray a portion of the expenses of training and certifying all-terrain vehicle operators, the department may collect a fee not exceeding five dollars from each person who receives the training, and two dollars from each person who is examined to receive a safety certificate. The department shall credit any fees collected to the all-terrain vehicle account, hereby created in the state treasury.

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

(9) The department shall regulate and administer the all-terrain vehicle education or training program established by this section, and any private party authorized under subsection (8) of this section may not be further regulated by this state's commercial driver training laws and rules.

NEW SECTION. Sec. 7. (1) No person under age fourteen may operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions:

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

(b) Is under the direct supervision of an adult who holds an appropriate safety certificate issued by this state, or issued under the authority of another state or province of Canada;

(c) Holds an appropriate safety certificate issued by this state, or issued under the authority of another state or province of Canada. In addition, he or she must be accompanied by and under the direct supervision of an adult who is authorized by the parent or guardian.

(2) No person who becomes fourteen years of age or older on or after the effective date of this section, may operate an all-terrain vehicle on public lands of this state unless the person satisfies one of the following conditions:

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

(b) Is under the direct supervision of an adult who holds an appropriate safety certificate issued by this state, or issued under the authority of another state or province of Canada;

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

(3) 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 officer shall consider the failure to be a rebuttable presumption that the person is not the holder of a safety certificate.

(4) From the effective date of this section to January 1, 1990, a person violating this section shall be issued a written warning of the violation.

NEW SECTION. Sec. 8. No person under the age of eighteen years may operate, ride, or be otherwise propelled on an all-terrain vehicle on public land unless the person wears a safety helmet conforming to rules adopted by the commission on equipment.

NEW SECTION. Sec. 9. No operator of an all-terrain vehicle may carry a passenger when operating on public lands.

NEW SECTION. Sec. 10. Sections 5 through 9 of this act are each added to chapter 46.09 RCW.

NEW SECTION. Sec. 11. Section 7 of this act shall take effect on January 1, 1990.