Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

HB 2723

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Modifying the types of off-road vehicles subject to local government regulation.

Sponsors: Representatives Shea, Eslick and Condotta.

Brief Summary of Bill

  • Allows local governments to regulate wheeled all-terrain vehicles in the same manner as for all other off-road vehicles.

Hearing Date: 1/25/18

Staff: Mark Matteson (786-7145).

Background:

An off-road vehicle (ORV) is a vehicle that is used for recreational purposes on nonhighway roads, trails, and other natural terrain. Off-road vehicles include all-terrain vehicles (ATVs), certain motorcycles, dune buggies, and certain four-wheel drive vehicles. Off-road vehicles are a subset of a broader category of vehicles regulated under state law called nonhighway vehicles, which includes any motorized vehicle, other than watercraft, snowmobiles, and certain agricultural and logging vehicles, when used for recreational purposes on nonhighway roads, trails, or other natural terrain.

A nonhighway vehicle or an ORV may be used on streets, roads, or highways under certain conditions. A local government, including a city, town, county, or other political subdivision of the state, may regulate nonhighway vehicles, other than wheeled all-terrain vehicles (WATVs), on lands within its jurisdiction and on streets, roads, or highways within its boundaries through ordinance. Any such ordinance must be no less stringent than state law governing the use of nonhighway vehicles. Regarding ORVs other than WATVs, a county, or a city of less than 3,000 persons, may designate a road or highway within its boundaries to be suitable for use by ORVs. Regarding WATVs, the operation of the vehicle is allowed on public roadways with a posted speed limit of 35 miles per hour or less, under certain conditions. Any city and any county of 15,000 persons or more must approve the operation of the vehicle on roads under its jurisdiction before such travel is allowed. Operation of a WATV is allowed in a county of less than 15,000 persons on public roadways, unless the county designates its roadways to be unsuitable for use by WATVs. Any county or city road which was designated as of January 1, 2013, as either open or closed for WATV use is unaffected by the requirements pertaining to WATV use. Operation of a WATV on a state route is allowed only inside city limits where the posted speed limit is 35 miles per hour or less.

Summary of Bill:

The bill allows counties, and cities of less than 3,000 persons, to designate any street or highway within its boundaries as suitable for use by WATVs, in the same manner as for other ORVs.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.