House Bill 2074 - Session Law Chapter 040 Year 2022

Source

Section 1

This section modifies existing section 46.09.410. Here is the modified chapter for context.

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    1. The application for an original ORV registration has the same requirements as described for original vehicle registrations in RCW 46.16A.040 and, except as provided in (b) of this subsection, must be accompanied by the annual off‑road vehicle license fee required under RCW 46.17.350, in addition to any other fees or taxes due for the application.

    2. The license fee provided in RCW 46.17.350 is not required with an application for an original ORV registration, if the vehicle is also properly registered or permitted in another state to a resident of the state, and, at the time of application for an original Washington ORV registration, the resident presents the following documents issued by the other state: (i) The resident's unexpired driver's license; and (ii) the current registration or permit for the off-road vehicle.

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    1. The application for renewal of an ORV registration has the same requirements as described for the renewal of vehicle registrations in RCW 46.16A.110 and, except as provided in (b) of this subsection, must be accompanied by the annual off‑road vehicle license fee required under RCW 46.17.350, in addition to any other fees or taxes due for the application.

    2. The license fee provided in RCW 46.17.350 is not required with an application for renewal of an ORV registration, if the vehicle is also properly registered or permitted in another state to a resident of the state, and, at the time of application for a renewal of a Washington ORV registration, the resident presents the following documents issued by the other state: (i) The resident's unexpired driver's license; and (ii) the current registration or permit for the off-road vehicle.

  3. The annual ORV registration is valid for one year and may be renewed each subsequent year as prescribed by the department.

  4. A person who acquires an off‑road vehicle that has an ORV registration must:

    1. Apply to the department, county auditor or other agent, or subagent appointed by the director for a transfer of the ORV registration within fifteen days of taking possession of the off‑road vehicle; and

    2. Pay the ORV registration transfer fee required under RCW 46.17.410, in addition to any other fees or taxes due at the time of application.

  5. The department shall issue an ORV registration, decals, and tabs upon receipt of:

    1. A properly completed application for an original ORV registration; and

    2. The payment of all fees and taxes due at the time of application.

  6. The ORV registration must be carried on the vehicle for which it was issued at all times during its operation in this state.

  7. Off‑road vehicle decals must be affixed to the off‑road vehicle in a manner prescribed by the department.

  8. Unless exempt under RCW 46.09.420, any out‑of‑state operator of an off-road vehicle, when operating in this state, must comply with this chapter. If an ORV registration is required under this chapter, the out‑of‑state operator must obtain an ORV registration and decal or a temporary ORV use permit.

  9. This section does not apply to wheeled all-terrain vehicles registered for use under RCW 46.09.442.

Section 2

This section modifies existing section 46.09.442. Here is the modified chapter for context.

  1. Any wheeled all-terrain vehicle operated within this state must display a metal tag to be affixed to the rear of the wheeled all-terrain vehicle. The initial metal tag must be issued with an original off-road vehicle registration and, except as provided in subsection (7) of this section, upon payment of the initial vehicle license fee under RCW 46.17.350(1)(s). The metal tag must be replaced every seven years at a cost of two dollars. Revenue from replacement metal tags must be deposited into the nonhighway and off-road vehicle activities program account. The department must design the metal tag, which must:

    1. Be the same size as a motorcycle license plate;

    2. Have the words "RESTRICTED VEHICLE" listed at the top of the tag;

    3. Contain designated identification through a combination of letters and numbers;

    4. Leave space at the bottom left corner of the tag for an off-road tab issued under subsection (2) of this section; and

    5. Leave space at the bottom right corner of the tag for an on-road tab, when required, issued under subsection (3) of this section.

  2. Except as provided in subsections (6)(b) and (7) of this section, a person who operates a wheeled all-terrain vehicle must have a current and proper off-road vehicle registration, with the appropriate off-road tab, and pay the annual vehicle license fee as provided in RCW 46.17.350(1)(s), which must be deposited into the nonhighway and off-road vehicle activities program account. The off-road tab must be issued annually by the department upon payment of initial and renewal vehicle license fees under RCW 46.17.350(1)(s), except as provided in subsection (7) of this section.

  3. Except as provided in subsections (6)(a) and (7) of this section, a person who operates a wheeled all-terrain vehicle upon a public roadway must have a current and proper on-road vehicle registration, with the appropriate on-road tab, which must be of a bright color that can be seen from a reasonable distance, and pay the annual vehicle license fee as provided in RCW 46.17.350(1)(r). The on-road tab must be issued annually by the department upon payment of initial and renewal vehicle license fees under RCW 46.17.350(1)(r), except as provided in subsection (7) of this section.

  4. Beginning July 1, 2017, for purposes of subsection (3) of this section, a special year tab issued pursuant to chapter 46.19 RCW to a person with a disability may be displayed on a wheeled all-terrain vehicle in lieu of an on-road tab.

  5. A wheeled all-terrain vehicle may not be registered for commercial use.

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    1. A wheeled all-terrain vehicle registration and a metal tag are not required under this chapter for a wheeled all-terrain vehicle that meets the definition in RCW 46.09.310(19), is owned by a resident of another state, and has a vehicle registration and metal tag or license plate issued in accordance with the laws of the other state allowing for on-road travel in that state. This exemption applies only to the extent that: (i) A similar exemption or privilege is granted under the laws of that state for wheeled all-terrain vehicles registered in Washington, and (ii) the other state has equipment requirements for on-road use that meet or exceed the requirements listed in RCW 46.09.457. The department may publish on its website a list of states that meet the exemption requirements under this subsection. The exemption in this subsection does not apply to a wheeled all-terrain vehicle owned by a resident of a state that borders Washington and that does not impose a retail sales and use tax on the sales or use of wheeled all-terrain vehicles.

    2. Off-road operation in Washington state of a wheeled all-terrain vehicle owned by a resident of another state and meeting the definition in RCW 46.09.310(19) is governed in the same manner as for other off-road vehicles under RCW 46.09.420(4).

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    1. The license fee provided in RCW 46.17.350 is not required with an application for an original ORV registration or the renewal of an ORV registration, if the vehicle is also properly registered or permitted in another state to a resident of the state, and, at the time of application, the resident presents the following documents issued by the other state: (i) The resident's unexpired driver's license; and (ii) the current registration or permit for the off-road vehicle.

    2. The department must issue a metal tag and either the off-road tab, on-road tab, or both, as appropriate, following the ORV registration under (a) of this subsection.


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