S-1240.2                   _______________________________________________

                                                     SENATE BILL 5845

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators West, Pelz, Bauer, Anderson, Prince, Amondson, McCaslin, Snyder, Hargrove, Barr, Roach and Hochstatter

Read first time 02/17/93.  Referred to Committee on Ecology & Parks.

Exempting recreational vehicles from emissions tests.

          AN ACT Relating to exempting recreational vehicles from vehicle emissions testing; and amending RCW 70.120.010 and 70.120.190.

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

        Sec. 1.  RCW 70.120.010 and 1991 c 199 s 201 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Department" means the department of ecology.

          (2) "Director" means the director of the department of ecology.

          (3) "Fleet" means a group of fifteen or more motor vehicles registered in the same name and whose owner has been assigned a fleet identifier code by the department of licensing.

          (4) "Motor vehicle" means any self-propelled vehicle required to be licensed pursuant to chapter 46.16 RCW, but does not include a vehicle primarily designed and used for recreational camping, travel, or seasonal use.

          (5) "Motor vehicle dealer" means a motor vehicle dealer, as defined in RCW 46.70.011, that is licensed pursuant to chapter 46.70 RCW.

          (6) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.

          (7) The terms "air contaminant," "air pollution," "air quality standard," "ambient air," "emission," and "emission standard" have the meanings given them in RCW 70.94.030.

        Sec. 2.  RCW 70.120.190 and 1991 c 199 s 210 are each amended to read as follows:

          (1) Motor vehicle dealers selling a used vehicle not under a new vehicle warranty shall include a notice in each vehicle purchase order form that reads as follows:  "The owner of a vehicle may be required to spend up to (a dollar amount established under RCW 70.120.070) for repairs if the vehicle does not meet the vehicle emission standards under this chapter.  Unless expressly warranted by the motor vehicle dealer, the dealer is not warranting that this vehicle will pass any emission tests required by federal or state law."

          (2) The signature of the purchaser on the notice required under subsection (1) of this section shall constitute a valid disclaimer of any implied warranty by the dealer as to a vehicle's compliance with any emission standards.

          (3) The disclosure requirement of subsection (1) of this section applies to all motor vehicle dealers located in counties where state emission inspections are required.

(4) This section applies only to motor vehicles as defined in RCW 70.120.010.

                                                           --- END ---