WSR 14-20-030
[Filed September 23, 2014, 10:34 a.m.]
The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by October 22, 2014. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by e-mail to or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeff Even, Deputy Solicitor General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested, information about the attorney general's opinion process, information on how to submit your comments, and a due date by which your comments must be received to ensure that they are fully considered.
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The attorney general's office seeks public input on the following opinion request(s):
Opinion Docket No. 14-09-03
Request by Jeffrey Barkdull, Lincoln County Prosecuting Attorney
1. Does the authority granted counties under RCW 46.09.360 to designate roads, preempt RCW 46.09.455 allowing such use on roads having a speed limit of 35 miles per hour or less?
2. Does the language "regulate the operation of nonhighway vehicles … provided such regulations are not less stringent" in RCW 46.09.360 also apply to the language in the same statute that seems to give counties the authority to designate suitable roads, if the speed limit on those roads were higher than 35 miles per hour?
3. Does the authorized use of an off-road vehicle under RCW 46.09.450 pertain to a road authorized under RCW 46.09.360 having a speed limit greater than 35 miles per hour?