READ FIRST TIME 02/03/11.   

     AN ACT Relating to authorizing the use of off-road vehicles on public roadways under certain conditions or in certain areas; amending RCW 46.09.360; adding a new section to chapter 46.09 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.09 RCW to read as follows:
     (1) Except as provided in subsection (5) of this section, a person may operate a two or four-wheel, all-terrain vehicle upon a roadway of this state having a speed limit of thirty-five miles per hour or less if:
     (a) The person does not operate a two or four-wheel, all-terrain vehicle upon state highways that are listed in chapter 47.17 RCW;
     (b) The person does not operate a two or four-wheel, all-terrain vehicle upon a roadway of this state without first having obtained and having in full force and effect a current and proper vehicle registration and display vehicle license plates in compliance with chapter 46.16A RCW;
     (c) The person does not operate a two or four-wheel, all-terrain vehicle upon a roadway of this state without (i) first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW, or (ii) possessing a valid driver's license issued by the state of the person's residence if the person is a nonresident;
     (d) The person does not operate a two or four-wheel, all-terrain vehicle subject to registration under chapter 46.16A RCW on a roadway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW;
     (e) The person operating a two or four-wheel, all-terrain vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a two or four-wheel, all-terrain vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities under subsection (5) of this section; and
     (f) The person operating a two or four-wheel, all-terrain vehicle with a solid rear axle does not operate the vehicle on a roadway that is paved with concrete or asphalt.
     (2) A person who operates a two or four-wheel, all-terrain vehicle under this section must pay a maximum of thirty-five dollars for the annual vehicle license fee for the all-terrain vehicle.
     (3) Any two or four-wheel, all-terrain vehicle operated under this section must have a headlight, taillight, and brake light, and a mirror both on the left and right handlebar.
     (4) Any person who violates this section commits a traffic infraction.
     (5) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of two or four-wheel, all-terrain vehicles on streets and highways under their jurisdiction by resolution or ordinance of the governing body, if the regulation is consistent with this title, except that:
     (a) Local authorities may not authorize the operation of two or four-wheel, all-terrain vehicles on streets and highways that are part of the state highway system subject to Title 47 RCW; and
     (b) Local authorities may not establish requirements for the registration of two or four-wheel, all-terrain vehicles.

Sec. 2   RCW 46.09.360 and 2006 c 212 s 4 are each amended to read as follows:
     Notwithstanding any of the provisions of this chapter, any city, county, or other political subdivision of this state, or any state agency, may regulate the operation of nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on streets, roads, or highways within its boundaries by adopting regulations or ordinances of its governing body, provided such regulations are not less stringent than the provisions of this chapter. However, the legislative body of a city with a population of ((less)) fewer than three thousand persons, or the legislative body of a county with a population of no more than five thousand persons, may, by ordinance, designate a street, road, or highway within its boundaries to be suitable for use by off-road vehicles. The legislative body of a county with a population of more than five thousand persons 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)) fewer than three thousand persons and an off-road vehicle recreation facility.

NEW SECTION.  Sec. 3   This act takes effect March 1, 2012.