SHB 3183 -
By Committee on Transportation
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 46.16.010 and 2007 c 242 s 2 are each amended to read
as follows:
(1) It is unlawful for a person to operate any vehicle over and
along a public highway of this state without first having obtained and
having in full force and effect a current and proper vehicle license
and display vehicle license number plates therefor as by this chapter
provided.
(2) Failure to make initial registration before operation on the
highways of this state is a traffic infraction, and any person
committing this infraction shall pay a penalty of five hundred twenty-nine dollars, no part of which may be suspended or deferred.
(3) Failure to renew an expired registration before operation on
the highways of this state is a traffic infraction.
(4) The licensing of a vehicle in another state by a resident of
this state, as defined in RCW 46.16.028, evading the payment of any tax
or license fee imposed in connection with registration, is a gross
misdemeanor punishable as follows:
(a) For a first offense, up to one year in the county jail and
payment of a fine of five hundred twenty-nine dollars plus twice the
amount of delinquent taxes and fees, no part of which may be suspended
or deferred;
(b) For a second or subsequent offense, up to one year in the
county jail and payment of a fine of five hundred twenty-nine dollars
plus four times the amount of delinquent taxes and fees, no part of
which may be suspended or deferred;
(c) For fines levied under (b) of this subsection, an amount equal
to the avoided taxes and fees owed will be deposited in the vehicle
licensing fraud account created in the state treasury;
(d) The avoided taxes and fees shall be deposited and distributed
in the same manner as if the taxes and fees were properly paid in a
timely fashion.
(5) These provisions shall not apply to the following vehicles:
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
(c) Off-road vehicles operating on nonhighway roads under RCW
46.09.115;
(d) Farm vehicles if operated within a radius of fifteen miles of
the farm where principally used or garaged, farm tractors and farm
implements including trailers designed as cook or bunk houses used
exclusively for animal herding temporarily operating or drawn upon the
public highways, and trailers used exclusively to transport farm
implements from one farm to another during the daylight hours or at
night when such equipment has lights that comply with the law;
(e) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the use of and
designed or modified for the fueling, repairing, or loading of spray
and fertilizer applicator rigs and not used, designed, or modified
primarily for the purpose of transportation;
(f) Fork lifts operated during daylight hours on public highways
adjacent to and within five hundred feet of the warehouses which they
serve: PROVIDED FURTHER, That these provisions shall not apply to
vehicles used by the state parks and recreation commission exclusively
for park maintenance and operations upon public highways within state
parks;
(g) "Trams" used for transporting persons to and from facilities
related to the horse racing industry as regulated in chapter 67.16 RCW,
as long as the public right-of-way routes over which the trams operate
are not more than one mile from end to end, the public rights-of-way
over which the tram operates have an average daily traffic of not more
than 15,000 vehicles per day, and the activity is in conformity with
federal law. The operator must be a licensed driver and at least
eighteen years old. For the purposes of this section, "tram" also
means a vehicle, or combination of vehicles linked together with a
single mode of propulsion, used to transport persons from one location
to another;
(h) "Special highway construction equipment" defined as follows:
Any vehicle which is designed and used primarily for grading of
highways, paving of highways, earth moving, and other construction work
on highways and which is not designed or used primarily for the
transportation of persons or property on a public highway and which is
only incidentally operated or moved over the highway. It includes, but
is not limited to, road construction and maintenance machinery so
designed and used such as portable air compressors, air drills, asphalt
spreaders, bituminous mixers, bucket loaders, track laying tractors,
ditchers, leveling graders, finishing machines, motor graders, paving
mixers, road rollers, scarifiers, earth moving scrapers and carryalls,
lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations which
either (i) are in excess of the legal width, or (ii) which, because of
their length, height, or unladen weight, may not be moved on a public
highway without the permit specified in RCW 46.44.090 and which are not
operated laden except within the boundaries of the project limits as
defined by the contract, and other similar types of construction
equipment, or (iii) which are driven or moved upon a public highway
only for the purpose of crossing such highway from one property to
another, provided such movement does not exceed five hundred feet and
the vehicle is equipped with wheels or pads which will not damage the
roadway surface.
Exclusions:
"Special highway construction equipment" does not include any of
the following:
Dump trucks originally designed to comply with the legal size and
weight provisions of this code notwithstanding any subsequent
modification which would require a permit, as specified in RCW
46.44.090, to operate such vehicles on a public highway, including
trailers, truck-mounted transit mixers, cranes and shovels, or other
vehicles designed for the transportation of persons or property to
which machinery has been attached;
(i) Any motorized equipment, other than a vehicle required to be
licensed under this title, operated by a city, county, park and
recreation district, or metropolitan park district, during daylight
hours, on city streets or county roads, used exclusively for park
maintenance activities and not primarily for the purpose of
transportation, where the equipment has wheels or pads that will not
damage the roadway surface. Equipment moved on city streets or county
roads pursuant to this subsection (5)(i): (i) Must have a slow moving
vehicle emblem with current standards and specifications as adopted by
the Washington state patrol; (ii) must be accompanied by an escort
vehicle with a minimum of two flashing or rotating amber lights
positioned above the roof line; and (iii) may not travel more than one
mile on city streets or county roads.
(6) The following vehicles, whether operated solo or in
combination, are exempt from license registration and displaying
license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a trailer
or a two-axle truck or tractor into a three or more axle truck or
tractor or used in any other manner to increase the number of axles of
a vehicle. Converter gear includes an auxiliary axle, booster axle,
dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle behind
another motor vehicle. The front or rear wheels of the towed vehicle
are secured to and rest on the tow dolly that is attached to the towing
vehicle by a tow bar.
(c) An off-road vehicle operated on a street, road, or highway as
authorized under RCW 46.09.180.
(7)(a) A motor vehicle subject to initial or renewal registration
under this section shall not be registered to a natural person unless
the person at time of application:
(i) Presents an unexpired Washington state driver's license; or
(ii) Certifies that he or she is:
(A) A Washington resident who does not operate a motor vehicle on
public roads; or
(B) Exempt from the requirement to obtain a Washington state
driver's license under RCW 46.20.025.
(b) For shared or joint ownership, the department will set up
procedures to verify that all owners meet the requirements of this
subsection.
(c) A person falsifying residency is guilty of a gross misdemeanor
punishable only by a fine of five hundred twenty-nine dollars.
(d) The department may adopt rules necessary to implement this
subsection, including rules under which a natural person applying for
registration may be exempt from the requirements of this subsection
where the person provides evidence satisfactory to the department that
he or she has a valid and compelling reason for not being able to meet
the requirements of this subsection.
(8) A vehicle with an expired registration of more than forty-five
days parked on a public street may be impounded by a police officer
under RCW 46.55.113(2)."
SHB 3183 -
By Committee on Transportation
On page 1, line 3 of the title, after "requirements;" strike the remainder of the title and insert "and amending RCW 46.16.010."
EFFECT: Adds restrictions to the exempt movement of park maintenance equipment, including distance, signage, accompaniment of an escort car, and roadway damage.