BILL REQ. #:  H-3631.1 

Read first time 01/21/2004.   Referred to Committee on Transportation.

     AN ACT Relating to all-terrain vehicles; amending RCW 46.01.040; adding a new chapter to Title 46 RCW; and prescribing penalties.

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

Sec. 1   RCW 46.01.040 and 1983 c 3 s 117 are each amended to read as follows:
     The department of licensing is vested with all powers, functions, and duties with respect to and including the following:
     (1) The motor vehicle fuel excise tax as provided in chapter 82.36 RCW;
     (2) The special fuel tax as provided in chapter 82.38 RCW;
     (3) The motor vehicle excise tax as provided in chapter 82.44 RCW;
     (4) The house trailer excise tax as provided in chapter 82.50 RCW;
     (5) All general powers and duties relating to motor vehicles as provided in chapter 46.08 RCW;
     (6) Certificates of ownership and registration as provided in chapters 46.12 and 46.16 RCW;
     (7) The registration and licensing of motor vehicles as provided in chapters 46.12 and 46.16 RCW;
     (8) Dealers' licenses as provided in chapter 46.70 RCW;
     (9) The licensing of motor vehicle transporters as provided in chapter 46.76 RCW;
     (10) The licensing of ((motor)) vehicle wreckers as provided in chapter 46.80 RCW;
     (11) The administration of the laws relating to reciprocal or proportional registration of motor vehicles as provided in chapter 46.85 RCW;
     (12) The licensing of passenger vehicles for hire as provided in chapter 46.72 RCW;
     (13) Operators' licenses as provided in chapter 46.20 RCW;
     (14) Commercial driver training schools as provided in chapter 46.82 RCW;
     (15) Financial responsibility as provided in chapter 46.29 RCW;
     (16) Accident reporting as provided in chapter 46.52 RCW;
     (17) Disposition of revenues as provided in chapter 46.68 RCW; ((and))
     (18) The administration of all other laws relating to motor vehicles vested in the director of licenses on June 30, 1965; and
     (19) All-terrain vehicle safety and education training program, safety certificates, and laws relating to all-terrain vehicles as provided in sections 2 through 11 of this act.

NEW SECTION.  Sec. 2   (1) "All-terrain vehicle" or "ATV" means a motorized off-highway vehicle designed to travel on three or four low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger.
     (2) "Dealer" means any person engaged in the business of selling, leasing, or renting all-terrain vehicles at retail, at a regular place of business.
     (3) "Department" means the department of licensing.
     (4) "Director" means the director of the department of licensing.
     (5) "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.
     (6) "Person" means a person or legal entity.

NEW SECTION.  Sec. 3   (1) The department will adopt standards for and implement a comprehensive all-terrain vehicle safety education and training program. The program must provide for the hands-on training of all-terrain vehicle operators, and for the issuance of all-terrain vehicle safety certificates to operators who successfully complete the training. Course content shall be adopted from a curriculum developed by a nationally recognized safety organization such as the all-terrain vehicle safety institute.
     (2) The department may authorize persons, clubs, associations, municipalities, or other political subdivisions of the state to conduct classes and issue all-terrain vehicle safety certificates in the director's name. Any authorized person, club, association, municipality, or political subdivision may charge a reasonable fee, subject to department approval, for the training course.

NEW SECTION.  Sec. 4   (1) Except as provided in subsection (3) of this section, all operators seeking a safety certificate must have the training required by section 3 of this act.
     (2) Beginning July 1, 2005, to operate an ATV on public land a person must possess a safety certificate issued by the director or by another state or Canadian province. A nonresident who does not possess a safety certificate may operate an ATV on public land for five days in a calendar year.
     (3) The director may issue an "exceptional" safety certificate to any applicant who is at least eighteen years of age upon a satisfactory showing by the applicant of at least five years of ATV operating experience.
     (4) The director may collect a fee of ten dollars for issuance of a safety certificate.

NEW SECTION.  Sec. 5   (1) The director will by rule establish a program to certify all-terrain vehicle safety instructors, clubs, associations, municipalities, or political subdivisions to conduct a training program and to issue safety certificates in the director's name.
     (2) All-terrain vehicle safety instructors at a minimum shall meet the following requirements to become certified:
     (a) Possess a current all-terrain vehicle safety instructor certification or license issued by a recognized all-terrain vehicle safety organization;
     (b) Be at least eighteen years of age;
     (c) Have no convictions relating to or as a result of the use of alcohol or drugs during the immediately preceding two years; and
     (d) Have no previous felony convictions.

NEW SECTION.  Sec. 6   The director may collect a fee, not to exceed five dollars, from each applicant for a safety certificate. Fees collected must be deposited in the ATV safety training and education account. The ATV safety training and education account is created in the custody of the state treasurer. All receipts from the fee authorized in this act must be deposited into the account. Expenditures from the account may only be used to support the ATV safety and education program. Only the director of the department of licensing or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 7   (1) All-terrain vehicles with engine capacity of seventy cubic centimeter displacement ("cc") up to and including ninety cc may be operated on public land only by those aged twelve and older.
     (2) All-terrain vehicles with engine capacity greater than ninety cc may be operated on public land only by those aged sixteen and older.
     (3) Persons under age sixteen must be under continuous adult supervision while operating an ATV on public land.

NEW SECTION.  Sec. 8   Unless participating in a competitive event and exempted by rule of the director, an all-terrain vehicle operated on public land must:
     (1) Display a lighted headlamp and raillamp during the period 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;
     (2) Be equipped with a brake system maintained in good operating condition;
     (3) Be equipped with an effective muffler system in good working condition;
     (4) Be equipped with an effective spark arrester in good working condition.

NEW SECTION.  Sec. 9   No person may:
     (1) 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;
     (2) Drive or operate an ATV on any public street, road, or highway of this state except for purposes of crossing 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;
     (c) The operator yields the right of way to all oncoming traffic that constitutes an immediate potential hazard; and
     (d) Both the headlight and taillight on, if equipped, when the crossing is made;
     (3) Cross any interstate or limited access highway;
     (4) Operate an all-terrain vehicle without eye protection and a safety helmet approved by the director;
     (5) Carry a passenger on an all-terrain vehicle;
     (6) Operate an all-terrain vehicle while under the influence of alcohol or any controlled substance, or under the influence of a prescription or nonprescription drug that impairs vision or motor coordination;
     (7) Knowingly sell or offer to sell at retail an all-terrain vehicle with an engine capacity of seventy or greater for use by a person under twelve years of age; or
     (8) Knowingly sell or offer to sell at retail an all-terrain vehicle with an engine capacity of greater than ninety cc for use by a person under sixteen years of age.

NEW SECTION.  Sec. 10   The director may promulgate rules and regulations necessary to carry out and enforce the provisions of this act.

NEW SECTION.  Sec. 11   Any person who violates any of the provisions in section 4, 7, 8, or 9 of this act is subject to a civil fine of not less than fifty dollars or more than five hundred dollars.

NEW SECTION.  Sec. 12   Sections 2 through 11 of this act constitute a new chapter in Title 46 RCW.