As if we didnt have enough to worry about
5366-S.E AMH TR H2303.1
By Representative Upthegrove
ESSB 5366 - H COMM AMD
By Committee on Transportation
1 Strike everything after the enacting clause and insert the
3 "NEW SECTION. Sec. 1. A new section is added to chapter 46.09 RCW
4 to read as follows:
5 (1) Except as provided in subsection (5) of this section, a person
6 may operate a two or four-wheel, all-terrain vehicle upon a roadway of
7 this state having a speed limit of thirty-five miles per hour or less
9 (a) The person does not operate a two or four-wheel, all-terrain
10 vehicle upon state highways that are listed in chapter 47.17 RCW;
11 (b) The person does not operate a two or four-wheel, all-terrain
12 vehicle upon a roadway of this state without first having obtained and
13 having in full force and effect a current and proper vehicle
14 registration and display vehicle license plates in compliance with
15 chapter 46.16A RCW;
16 (c) The person does not operate a two or four-wheel, all-terrain
17 vehicle upon a roadway of this state without (i) first obtaining a
18 valid driver's license issued to Washington residents in compliance
19 with chapter 46.20 RCW, or (ii) possessing a valid driver's license
20 issued by the state of the person's residence if the person is a
22 (d) The person does not operate a two or four-wheel, all-terrain
23 vehicle subject to registration under chapter 46.16A RCW on a roadway
24 of this state unless the person is insured under a motor vehicle
25 liability policy in compliance with chapter 46.30 RCW;
26 (e) The person operating a two or four-wheel, all-terrain vehicle
27 does not cross a roadway with a speed limit in excess of thirty-five
28 miles per hour, unless the crossing begins and ends on a roadway with
29 a speed limit of thirty-five miles per hour or less and occurs at an
30 intersection of approximately ninety degrees, except that the operator
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1 of a two or four-wheel, all-terrain vehicle must not cross an
2 uncontrolled intersection of streets and highways that are part of the
3 state highway system subject to Title 47 RCW unless that intersection
4 has been authorized by local authorities under subsection (5) of this
5 section; and
6 (f) The person operating a two or four-wheel, all-terrain vehicle
7 with a solid rear axle does not operate the vehicle on a roadway that
8 is paved with concrete or asphalt.
9 (2) A person who operates a two or four-wheel, all-terrain vehicle
10 under this section must pay a maximum of thirty-five dollars for the
11 annual vehicle license fee for the all-terrain vehicle.
12 (3) Any two or four-wheel, all-terrain vehicle operated under this
13 section must have a headlight, taillight, and brake light, and a mirror
14 both on the left and right handlebar.
15 (4) Any person who violates this section commits a traffic
17 (5) This section does not prevent local authorities, with respect
18 to streets and highways under their jurisdiction and within the
19 reasonable exercise of their police power, from regulating the
20 operation of two or four-wheel, all-terrain vehicles on streets and
21 highways under their jurisdiction by resolution or ordinance of the
22 governing body, if the regulation is consistent with this title, except
24 (a) Local authorities may not authorize the operation of two or
25 four-wheel, all-terrain vehicles on streets and highways that are part
26 of the state highway system subject to Title 47 RCW; and
27 (b) Local authorities may not establish requirements for the
28 registration of two or four-wheel, all-terrain vehicles.
29 Sec. 2. RCW 46.09.360 and 2006 c 212 s 4 are each amended to read
30 as follows:
31 Notwithstanding any of the provisions of this chapter, any city,
32 county, or other political subdivision of this state, or any state
33 agency, may regulate the operation of nonhighway vehicles on public
34 lands, waters, and other properties under its jurisdiction, and on
35 streets, roads, or highways within its boundaries by adopting
36 regulations or ordinances of its governing body, provided such
37 regulations are not less stringent than the provisions of this chapter.
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1 However, the legislative body of a city with a population of ((less))
2 fewer than three thousand persons, or the legislative body of a county
3 with a population of no more than five thousand persons, may, by
4 ordinance, designate a street, road, or highway within its boundaries
5 to be suitable for use by off-road vehicles. The legislative body of
6 a county with a population of more than five thousand persons may, by
7 ordinance, designate a road or highway within its boundaries to be
8 suitable for use by off-road vehicles if the road or highway is a
9 direct connection between a city with a population of ((less)) fewer
10 than three thousand persons and an off-road vehicle recreation
12 Sec. 3. RCW 46.09.480 and 2004 c 105 s 4 are each amended to read
13 as follows:
14 (1) No person may operate a nonhighway vehicle in such a way as to
15 endanger human life.
16 (2)(a) No person shall operate a nonhighway vehicle in such a way
17 as to run down or harass any wildlife or animal, nor carry, transport,
18 or convey any loaded weapon in or upon, nor hunt from, any nonhighway
19 vehicle except by permit issued by the director of fish and wildlife
20 under RCW 77.32.237((: PROVIDED, That)); however, it shall not be
21 unlawful to carry, transport, or convey a loaded pistol in or upon a
22 nonhighway vehicle if the person complies with the terms and conditions
23 of chapter 9.41 RCW.
24 (((3))) (b) For the purposes of this ((section)) subsection, "hunt"
25 means any effort to kill, injure, capture, or purposely disturb a wild
26 animal or bird.
27 (3) No person may operate a nonhighway vehicle on public lands
28 unless the area is designated by the land manager as open for
29 nonhighway vehicle use, permission has been established, and the land
30 manager has identified that all proper permitting, engineering, and
31 environmental impacts have been addressed or mitigated. This
32 subsection includes the creation, building, and development of a trail
33 or system of trails on public land, in either an organized or
34 unorganized manner, for the purpose of nonhighway vehicle travel.
35 Driving a nonhighway vehicle on lands that are designated as closed to
36 nonhighway vehicle travel by the land manager is, for the purposes of
37 this subsection, considered a trail building activity.
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1 (4) A violation of subsection (1) or (2) of this section is a gross
3 (5) A violation of subsection (3) of this section is penalized as
5 (a) A first offense is a misdemeanor with a five hundred dollar
7 (b) A second offense is a misdemeanor with a two thousand dollar
8 fine; and
9 (c) Any offense beyond a second offense is a felony with a five
10 thousand dollar fine.
11 Sec. 4. RCW 46.09.490 and 1979 ex.s. c 136 s 42 are each amended
12 to read as follows:
13 (1) Except as provided in RCW ((46.09.120(2) and 46.09.130 as now
14 or hereafter amended)) 46.09.470(2) and 46.09.480, a violation of the
15 provisions of this chapter is a traffic infraction for which a penalty
16 of not less than twenty-five dollars may be imposed.
17 (2) In addition to the penalties provided in subsection (1) of this
18 section, the owner and/or the operator of any nonhighway vehicle shall
19 be liable for any damage to property including damage to trees, shrubs,
20 or growing crops injured as the result of travel by the nonhighway
21 vehicle. The owner of such property may recover from the person
22 responsible three times the amount of damage.
23 Sec. 5. RCW 46.09.380 and 2001 c 253 s 3 are each amended to read
24 as follows:
25 The provisions of this chapter shall be enforced by all persons
26 having the authority to enforce any of the laws of this state,
27 including, without limitation, officers of the state patrol, county
28 sheriffs and their deputies, all municipal law enforcement officers
29 within their respective jurisdictions, fish and wildlife officers,
30 state park rangers, and those employees of the department of natural
31 resources designated by the commissioner of public lands under RCW
32 ((43.30.310)) 43.12.065, 76.04.035, and 76.04.045, regardless of land
33 ownership and jurisdiction.
34 Sec. 6. RCW 46.09.400 and 2010 c 161 s 215 are each amended to
35 read as follows:
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1 The department shall:
2 (1) Issue registrations and temporary ORV use permits for off-road
4 (2) Issue ((decals)) front and rear license plates for off-road
5 vehicles((. The decals serve the same function as license plates for
6 vehicles registered under chapter 46.16 RCW)); and
7 (3) Charge a fee for each ((decal)) license plate covering the
8 actual cost of the ((decal)) license plate.
9 Sec. 7. RCW 46.09.410 and 2010 c 161 s 218 are each amended to
10 read as follows:
11 (1) The application for an original ORV registration has the same
12 requirements as described for original vehicle registrations in RCW
13 46.16A.040 and must be accompanied by the annual off-road vehicle
14 license fee required under RCW 46.17.350, in addition to any other fees
15 or taxes due for the application.
16 (2) The application for renewal of an ORV registration has the same
17 requirements as described for the renewal of vehicle registrations in
18 RCW 46.16A.110 and must be accompanied by the annual off-road vehicle
19 license fee required under RCW 46.17.350, in addition to any other fees
20 or taxes due for the application.
21 (3) The annual ORV registration is valid for one year and may be
22 renewed each subsequent year as prescribed by the department.
23 (4) A person who acquires an off-road vehicle that has an ORV
24 registration must:
25 (a) Apply to the department, county auditor or other agent, or
26 subagent appointed by the director for a transfer of the ORV
27 registration within fifteen days of taking possession of the off-road
28 vehicle; and
29 (b) Pay the ORV registration transfer fee required under RCW
30 46.17.410, in addition to any other fees or taxes due at the time of
32 (5) The department shall issue an ORV registration, ((decals))
33 license plates, and tabs upon receipt of:
34 (a) A properly completed application for an original ORV
35 registration; and
36 (b) The payment of all fees and taxes due at the time of
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1 (6) The ORV registration must be carried on the vehicle for which
2 it was issued at all times during its operation in this state.
3 (7) Off-road vehicle ((decals)) license plates must be affixed to
4 the front and rear of the off-road vehicle in a manner prescribed by
5 the department.
6 (8) Unless exempt under RCW 46.09.420, any out-of-state operator of
7 an off-road vehicle, when operating in this state, must comply with
8 this chapter. If an ORV registration is required under this chapter,
9 the out-of-state operator must obtain an ORV registration and ((decal))
10 license plate or a temporary ORV use permit.
11 Sec. 8. RCW 46.09.420 and 2010 c 161 s 217 are each amended to
12 read as follows:
13 ORV registrations and ((decals)) license plates are required under
14 this chapter except for the following:
15 (1) Off-road vehicles owned and operated by the United States,
16 another state, or a political subdivision of the United States or
17 another state.
18 (2) Off-road vehicles owned and operated by this state, a
19 municipality, or a political subdivision of this state or the
21 (3) Off-road vehicles operated on agricultural lands owned or
22 leased by the off-road vehicle owner or operator.
23 (4) Off-road vehicles owned by a resident of another state that
24 have a valid ORV use permit or vehicle registration issued in
25 accordance with the laws of the other state. This exemption applies
26 only to the extent that a similar exemption or privilege is granted
27 under the laws of that state.
28 (5) Off-road vehicles while being used for search and rescue
29 purposes under the authority or direction of an appropriate search and
30 rescue or law enforcement agency.
31 (6) Vehicles registered under chapter ((46.16)) 46.16A RCW or, in
32 the case of nonresidents, vehicles validly registered for operation
33 over public highways in the jurisdiction of the owner's residence.
34 Sec. 9. RCW 46.09.440 and 2010 c 161 s 216 are each amended to
35 read as follows:
36 Except as provided in this chapter, a person shall not operate an
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1 off-road vehicle within this state unless the off-road vehicle has been
2 assigned an ORV registration or temporary ORV use permit and displays
3 current ((decals)) license plates and tabs as required under this
5 Sec. 10. RCW 46.68.045 and 2010 c 161 s 822 are each amended to
6 read as follows:
7 The moneys collected by the department for ORV registrations,
8 temporary ORV use permits, ((decals)) license plates, and tabs under
9 this chapter and chapter 46.17 RCW must be distributed from time to
10 time, but at least once a year, in the following manner:
11 (1) The department shall retain enough money to cover expenses
12 incurred in the administration of this chapter. The amount kept by the
13 department must never exceed eighteen percent of fees collected.
14 (2) The remaining moneys must be distributed for off-road vehicle
15 recreation facilities by the board in accordance with RCW
17 Sec. 11. RCW 77.15.690 and 1998 c 190 s 64 are each amended to
18 read as follows:
19 (1) Upon any conviction of any violation of this chapter or RCW
20 46.09.480(2), the department may revoke any license, tag, or stamp, or
21 other permit involved in the violation or held by the person convicted,
22 in addition to other penalties provided by law.
23 (2) If the department orders that a license, tag, stamp, or other
24 permit be revoked, that order is effective upon entry of the order and
25 any such revoked license, tag, stamp, or other permit is void as a
26 result of such order of revocation. The department shall order such
27 license, tag, stamp, or other permit turned over to the department, and
28 shall order the person not to acquire a replacement or duplicate for
29 the remainder of the period for which the revoked license, tag, stamp,
30 or other permit would have been valid. During this period when a
31 license is revoked, the person is subject to punishment under this
32 chapter. If the person appeals the sentence by the court, the
33 revocation shall be effective during the appeal.
34 (3) If an existing license, tag, stamp, or other permit is voided
35 and revoked under this chapter, the department and its agents shall not
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1 be required to refund or restore any fees, costs, or money paid for the
2 license, nor shall any person have any right to bring a collateral
3 appeal under chapter 34.05 RCW to attack the department order.
4 NEW SECTION. Sec. 12. Sections 1 and 2 of this act take effect
5 March 1, 2012."
6 Correct the title.
EFFECT: (1) Establishes the penalty of a gross misdemeanor for a
person that operates a nonhighway vehicle on public lands unless the
area is designed by the land manager as for use and the land manager
has indicated that all permitting, engineering, and environmental
impacts have been addressed or mitigated.
(2) Establishes penalties for a person that: Operates a nonhighway
vehicle as to endanger human life or rundown or harass any wildlife or
animal; or carries, transports, or conveys a loaded weapon from any
nonhighway vehicle without a permit issued by the Director of Fish and
Wildlife. It is not unlawful if the person complies with terms and
conditions in state law. A first offense is a misdemeanor with a five
hundred dollar fine; a second offense is a misdemeanor with a two
thousand dollar fine; and any offense beyond a second offense is a
felony with a five thousand dollar fine.
(3) Upon any conviction of these violations, Department of Fish and
Wildlife may revoke any license, tag, stamp, or other permits.
(4) All enforcement officers have the authority to enforce
provisions regardless of land ownership and jurisdiction.
(5) Department of Licensing must issue front and rear license
plates for off-road vehicles and charge a fee that covers the actual
cost of the license plate. The owner must affix the plates to the offroad
vehicles as prescribed by Department of Licensing.
(6) ORV license plates are not required for off-road vehicles:
Owned and operated by a governmental entity; operated on agricultural
lands owned or leased by the off-road vehicle owner or operator; owned
by a resident of another state that have a ORV permit or registration
from that state; used for search and rescue; and, for nonresidents,
registered in the jurisdiction of the owner's residence.
(7) The money collected above the cost of the license plates must
be distributed to the off-road vehicle accounts at least once a year.
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