Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

HB 2243

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: Concerning all-terrain vehicles.

Sponsors: Representatives Blake, Barkis, Chapman, Goehner, DeBolt, Orcutt, Eslick and Irwin.

Brief Summary of Bill

  • Authorizes a city or town of less than 3,000 persons or any county to designate a road or highway within its boundaries to be suitable for use by wheeled all-terrain vehicles (WATVs).

  • Expands the locations where a person is authorized to operate a WATV on state highways to unincorporated areas with a posted speed limit of 35 miles per hour or less.

Hearing Date: 1/23/20

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, 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 wheeled all-terrain vehicle (WATV) is a specific category of an ORV that is regulated separately under some aspects of a state law first enacted in 2013. There are two types of WATVs that are regulated with respect to travel on public roads. One is a motorized nonhighway vehicle with certain specifications: handlebars of 50 inches or less in width; a seat with a height of at least 20 inches; a maximum weight of 1,500 pounds; and four tires with a maximum diameter of 30 inches. The second is a utility-type vehicle (UTV) designed for and capable of travel over designated roads with certain specifications: four or more low-pressure tires of 20 pounds per square inch or less; a maximum width of less than 74 inches; a maximum weight of less than 2,000 pounds; and a wheelbase of 110 inches or less. The latter category of WATV must satisfy one of three additional specifications: a minimum width of 50 inches; a minimum weight of 900 pounds; or a wheelbase of over 61 inches.

A nonhighway vehicle or an ORV, other than a WATV, 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 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. However, 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 other than WATVs..

Regarding WATVs, the operation of the two types of regulated vehicles is allowed on public roadways with a posted speed limit of 35 miles per hour (mph) or less under certain conditions. Any city and any county of 15,000 persons or more must approve the operation of eligible vehicles on roads under its jurisdiction before such travel is allowed. Operation of an eligible 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 eligible WATV use. Operation of an eligible WATV on a state route is allowed only inside city limits.

Summary of Bill:

A city or town of less than 3,000 persons or any county may designate any road or highway within its boundaries to be suitable for use by WATVs.

A person may operate a WATV on a state highway in an unincorporated area, if the posted speed limit is 35 mph or less.

Appropriation: None.

Fiscal Note: Available.

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