Background: A four-wheel, all-terrain vehicle is a type of off-road vehicle (ORV) which is defined as any non-street licensed vehicle used for recreational purposes on non-highway roads, trails, or a variety of other natural terrain.

Generally, ORVs may not be operated on public roadways or highways. However, local governments and state agencies may currently regulate the operation of non-highway vehicles on public lands, streets, roads or highways within its jurisdiction by adopting regulations and ordinances, so long as such regulations are not less stringent than state law. Additionally, the legislative body of a city with a population of less than 3,000 may, by ordinance designate a street or highway within its boundaries to be suitable for use by off-road vehicles. The legislative body of a county may by ordinance designate a road or highway within its boundaries to be suitable for use by off-road vehicles if the road or highway is a direct connection between a city with a population of less than 3,000 people and an off-road facility.

Summary of Bill (Proposed Second Substitute): "Four-wheel all-terrain vehicle" is defined as any motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has tires having a diameter of thirty inches or less.

A person may operate a four-wheel all-terrain vehicle (ATV) upon a any roadway having a speed limit of 35 miles per hour or less, provided the person and the ATV meet certain specified operational requirements, including but not limited to:

the person does not operate the vehicle upon state highways listed in chapter 47.17 RCW, however a person may operate an ATV upon a segment of a state highway if the segment is within the boundaries of a city and the speed limit is 35 mph or less;
the person does not operate the ATV within a city with a population of 25,000 or more unless the city has adopted an ordinance approving the operation of ATVs on city roadways.
the person has obtained a current and proper registration, displays license plates and has paid the annual vehicle license fee of $30;
the person has a valid Washington driver's license or a valid driver's license issued by the state of the person's residence;
the person must be insured under a motor vehicle liability policy; and,
the ATV has a headlight, tail light, brake light, reflectors, turn signals, a mirror on both the left and right handlebar, a windshield (if the operator does not wear glasses, goggles or a face shield), a horn, brakes and fenders.

A person that violates any of these requirements commits a traffic infraction.

A person must certify under oath to the Department of Licensing that the required equipment has been installed on the ATV according to state law. A person who makes a false statement regarding the installation of the equipment is guilty of a false swearing, a gross misdemeanor.

The multi-use roadway safety account is created within the motor vehicle account. All revenue from the annual license fee from ATVs must be deposited into the account and appropriated to the County Road Administration Board for grants to counties for safety engineering analysis of mixed vehicle use on roadways within a county.

Off -Road Vehicles

Counties with a population of less than 5,000 persons may by ordinance designate a street, road, or highway within its boundaries to be suitable for use by off-road vehicles (ORV). The power to designate a road or highway within the boundary of a county to be suitable for use by an ORV if the road or highway is a direct connection between a city with a population of fewer than 3,000 persons and an ORV recreation facility is limited to counties with a population of more than 5,000 persons. However, four-wheel all-terrain vehicles registered for use under this act are not considered an ORV for purposes of a local authority's power to regulate use of ORVs on roadways within the local jurisdiction.

Cities or counties may adopt an ordinance designating a segment of a state highway within its boundaries to be suitable for use by ORVs for the purpose of traversing a natural or human-made obstacle. Adequate signage or other warning devices must alert other vehicle traffic of ORV use.

It is a misdemeanor with a penalty of $500 for a person to operate a nonhighway vehicle on public lands unless the area is designated by the land manager as open for nonhighway vehicle use.

Staff Summary of Public Testimony: PRO: This bill is a huge step in the right direction. This bill will help rural communities enhance recreational economic development related to ATV enthusiasts. The licensing of these vehicles is critical from both a public safety standpoint, but also to help to identify those people who break the law both on and off road. This bill provides a tool for law enforcement to catch and prosecute persons who are riding where they should not be. I have been riding most of my life and have worked with people all over the state on this bill. It is a good bill. Use is limited to streets, roads and highways under 35 miles per hour; it is safe. This bill will also force the forest service to open up hundreds of miles of roads that have been closed to ATV use for many years. This is about liberty.

OTHER: We strongly supported the bill last year, but have some concerns with this year's version. There are some penalties in this bill that may be problematic. We think you should add back in 2 wheelers.

The WSP continues to have concerns about the safety of mixing ATVs and general traffic. These vehicles already are responsible for deaths on public roadways and they are not even allowed to be operated on public roads at this time. This will open up the roads and will likely lead to chaos. The provisions regarding local government authority to open public roads to all ORVs is unclear as it relates to ATVs licensed under this bill. This will lead to confusion for law enforcement and the public as to where an ATV can legally be operated. You will be sacrificing safety if you adopt this bill.