S-0462.1

SENATE BILL 5417

BySenators Padden, Hobbs, Van De Wege, and Wagoner

AN ACT Relating to authorizing military surplus vehicles to operate on public highways; amending RCW 46.04.123, 46.04.126, 46.18.220, and 46.37.010; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.12 RCW; creating a new section; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 2. A new section is added to chapter 46.04 RCW to read as follows:

"Military surplus vehicle" means a vehicle that is not operated using continuous tracks, was originally manufactured and sold directly to the armed forces of the United States, was originally manufactured under the federally mandated requirements set forth in 49 C.F.R. Sec. 571.7, and is no longer owned by the United States armed forces.

Sec. 3. RCW 46.04.123 and 2014 c 72 s 2 are each amended to read as follows:

"Collectible vehicle" means a vehicle that complies with the following:

(1)(a) Is of unique or rare design, of limited production, and an object of curiosity;

(((2)))(b) Is maintained primarily for use in car club activities, exhibitions, parades, or other functions of public interest or for a private collection, and is used only infrequently for other purposes; and

(((3)))(c) Has collectible vehicle or classic automobile insurance coverage that restricts the collectible vehicle mileage or use, or both, and requires the owner to have another vehicle for personal use; or

(2) Is a military surplus vehicle.

Sec. 4. RCW 46.04.126 and 2015 c 200 s 4 are each amended to read as follows:

"Collector vehicle" means any motor vehicle or travel trailer that is at least thirty years old or a military surplus vehicle.

NEW SECTION.  Sec. 5. A new section is added to chapter 46.12 RCW to read as follows:

(1) When applying for a certificate of title for a military surplus vehicle, the vehicle owner must:

(a) Submit a certification that the military surplus vehicle:

(i) Will be maintained for occasional transportation, exhibitions, veterans' events, club activities, parades, tours, and similar uses;

(ii) Will only be driven when covered by a motor vehicle liability insurance policy with liability limits of at least the amounts required in RCW 46.29.090; and

(iii) Will not be used for general daily transportation; and

(b) Provide a certificate of safety inspection on a form created by the department to be completed by a licensed motor vehicle repair shop in the state of Washington that certifies that the military surplus vehicle has the original safety equipment on the vehicle at the time of its manufacture in good operating condition or has been replaced by equal or more effective safety equipment in good working order, specifically headlamps, tail lamps, turn signals, mirrors, a horn, seat belts, and brakes.

(2) A person who makes a false statement regarding the inspection of equipment required under this section is guilty of false swearing. False swearing is a gross misdemeanor under RCW 9A.72.040.

Sec. 6. RCW 46.18.220 and 2015 c 200 s 3 are each amended to read as follows:

(1) A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a collector vehicle license plate for a motor vehicle or travel trailer that is at least thirty years old or a military surplus vehicle. The motor vehicle must be operated primarily as a collector vehicle and be in good running order. The applicant for the collector vehicle license plate shall:

(a) Purchase a registration for the motor vehicle or travel trailer as required under chapters 46.16A and 46.17 RCW; and

(b) Pay the special license plate fee established under RCW 46.17.220(((1)(f)))(5), in addition to any other fees or taxes required by law.

(2) A person applying for a collector vehicle license plate may:

(a) Receive a collector vehicle license plate assigned by the department; or

(b) Provide an actual Washington state issued license plate designated for general use in the year of the vehicle's manufacture.

(3) Collector vehicle license plates:

(a) Are valid for the life of the motor vehicle or travel trailer;

(b) Are not required to be renewed; and

(c) Must be displayed on the rear of the motor vehicle or travel trailer.

(4) A collector vehicle registered under this section may only be used for participation in club activities, exhibitions, tours, parades, ((and))veterans' events, or occasional pleasure driving.

(5) Except for military surplus vehicles, collector vehicle license plates under subsection (2)(b) of this section may be transferred from one vehicle to another vehicle described in subsection (1) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.

(6) Any person who knowingly provides a false or facsimile license plate under subsection (2)(b) of this section is subject to a traffic infraction and fine in an amount equal to the monetary penalty for a violation of RCW 46.16A.200(7)(b). Additionally, the person must pay for the cost of a collector vehicle license plate as listed in RCW 46.17.220(1)(f), unless already paid.

Sec. 7. RCW 46.37.010 and 2011 c 171 s 79 are each amended to read as follows:

(1) It is a traffic infraction for any person to drive or move, or for a vehicle owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles that:

(a) Is in such unsafe condition as to endanger any person;

(b) Is not at all times equipped with such lamps and other equipment in proper working condition and adjustment as required by this chapter or by rules issued by the Washington state patrol;

(c) Contains any parts in violation of this chapter or rules issued by the Washington state patrol.

(2) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required under this chapter or rules issued by the Washington state patrol.

(3) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol's regulations.

(4) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.

(5) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway.

(6) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol.

(7) The provisions of this chapter with respect to equipment required on vehicles shall not apply to:

(a) Motorcycles or motor-driven cycles except as herein made applicable;

(b) Golf carts, as defined in RCW 46.04.1945, operating within a designated golf cart zone as described in RCW 46.08.175, except as provided in RCW 46.08.175(8); or

(c) Military surplus vehicles as defined in section 2 of this act that have a collector vehicle license plate.

(8) This chapter does not apply to off-road vehicles used on nonhighway roads or used on streets, roads, or highways as authorized under RCW 46.09.360.

(9) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks.

(10) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW.

(11) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver.

(12) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee.

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