| Passed by the Senate March 18, 2003 YEAS 49 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 16, 2003 YEAS 97 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5785 as passed by the Senate and the House of Representatives on the dates hereon set forth. MILTON H. DOUMIT JR. ________________________________________ Secretary | |
| Approved May 20, 2003. GARY LOCKE ________________________________________ Governor of the State of Washington | May 20, 2003 - 2:50 p.m. Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/04/03.
AN ACT Relating to the use of a vehicle on a nonhighway road or trail; and amending RCW 46.09.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.09.120 and 1979 ex.s. c 136 s 41 are each amended
to read as follows:
(1) It is a traffic infraction for any person to operate any
nonhighway vehicle:
(a) In such a manner as to endanger the property of another;
(b) On lands not owned by the operator or owner of the nonhighway
vehicle without a lighted headlight and taillight between the hours of
dusk and dawn, or when otherwise required for the safety of others
regardless of ownership;
(c) On lands not owned by the operator or owner of the nonhighway
vehicle without an adequate braking device or when otherwise required
for the safety of others regardless of ownership;
(d) Without a spark arrester approved by the department of natural
resources;
(e) Without an adequate, and operating, muffling device which
effectively limits vehicle noise to no more than eighty-six decibels on
the "A" scale at fifty feet as measured by the Society of Automotive
Engineers (SAE) test procedure J 331a, except that a maximum noise
level of one hundred and five decibels on the "A" scale at a distance
of twenty inches from the exhaust outlet shall be an acceptable
substitute in lieu of the Society of Automotive Engineers test
procedure J 331a when measured:
(i) At a forty-five degree angle at a distance of twenty inches
from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at a steady
speed equal to one-half of the manufacturer's maximum allowable ("red
line") engine speed or where the manufacturer's maximum allowable
engine speed is not known the test speed in revolutions per minute
calculated as sixty percent of the speed at which maximum horsepower is
developed; and
(iii) With the microphone placed ten inches from the side of the
vehicle, one-half way between the lowest part of the vehicle body and
the ground plane, and in the same lateral plane as the rearmost exhaust
outlet where the outlet of the exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the nonhighway
vehicle upon the shoulder or inside bank or slope of any nonhighway
road or highway, or upon the median of any divided highway;
(g) On lands not owned by the operator or owner of the nonhighway
vehicle in any area or in such a manner so as to unreasonably expose
the underlying soil, or to create an erosion condition, or to injure,
damage, or destroy trees, growing crops, or other vegetation;
(h) On lands not owned by the operator or owner of the nonhighway
vehicle or on any nonhighway road or trail ((which is)), when these are
restricted to pedestrian or animal travel; and
(i) On any public lands in violation of rules and regulations of
the agency administering such lands.
(2) It is a misdemeanor for any person to operate any nonhighway
vehicle while under the influence of intoxicating liquor or a
controlled substance.