SB5391 - Discover Pass requirement clarified

PLEASE SUPPORT SB5391
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DISCOVER PASS REQUIREMENT LANGUAGE CLARIFIED
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As many of you know, the DNR is misapplying the D-pass requirement of dual registered vehicles and saying that if you have a street plate then you must have a D-pass too. They are choosing to ignore the law that clearly says that the D-pass is only required if a street plate is required.<o></o>
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To aid the DNR in properly understanding the law, Senator Bailey has taken my proposed legislation and will introduce it as Senate Bill SB5391 tomorrow.<o></o>
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It simply adds &#8220;vehicles with a valid offroad vehicle permit at locations where offroad vehicle activity is allowed&#8221; to the list of exempt vehicles.<o></o>
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See link:<o></o>
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http://apps.leg.wa.gov/billinfo/summary.aspx?bill=5391&year=2013<o></o>
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As original written, the Discover Pass legislation enacted in 2011 limited the requirement to motor vehicles required to be licensed for street use. The intent was to exempt offroad vehicle where offroad vehicle use is allowed because access to these areas is funded by the purchase of an offroad vehicle (ORV) use permit.<o></o>
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To require the purchase of a Discover Pass in addition to the ORV permit would be charging these vehicle owners twice for the exact same public land access.<o></o>
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This language seemed to be clear and understood by the applicable state agencies. Unfortunately there is confusion when it comes to vehicles that are dual registered as both street legal motor vehicles and offroad vehicles. Because these dual registered vehicle are not required to have street license plates while at ORV use areas, they are exempt from the Discover Pass requirements during that time.<o></o>
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Unfortunately the DNR is misapplying the requirement and claiming that any vehicle with a street license must have a Discover Pass regardless of whether or not the street license is required.<o></o>
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We have in good faith attempted to educate Commissioner Goldmark concerning this misapplication of the Discover Pass requirement, but have failed to cause him to change his agency&#8217;s erroneous policy.<o></o>
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Hitting that impasse, we are left with no other choice than to seek legislative relief.<o></o>
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It will be assigned to the Senate Natural Resources Committee and if you support it, please let them know.<o></o>
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Their email addresses:<o></o>
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Thanks Todd, will contact them tomorrow...

Nice work once again, Tod.
I will contact the individuals you've listed in support. Are vehicles other than converted dirt bikes under SB5800 allowed to be dual registered? The local DMV just told me that I am not able to register my plated ktm with an orv tag, but they may be incorrect. I'd rather get the dual reg than the D-pass if I have a choice..

Hi Tod,
Thanks for the hard work.
Can you fix you link in the original post for Kirk Pearson? His last name is mispelled, missing the A.

kirk.pearson@leg.wa.gov,

Looks like I'll have a House of Representatives bill identical to SB5391 introduced by the end of the week.

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Hello Tod,
Again thanks for the time that you have spent on this. I'm still just a tad bit confused by the Discover Pass and maybe you can clear it up for me. We are from Oregon, have plated dual sport bikes with OHV permits. Do we need Discover Passes for our bikes on DNR land also?

Thanks,

http://www.oregon.gov/oprd/ATV/pages/reciprocity.aspx

Not required according to the law, but required according to DNR policy.

That is what I trying to fix.

Okay, what can out of state rides do to help you? Action Alerts on AMA?

That will come once (if) I get the bill passed out of committee.
Once it is before the whole Senate for a vote, then it will be time to send a big wave of support.

I emailed my legislators and all from your list. Hope and pray it helps.

The Senate Natural Resources Committee has set a hearing date of Tuesday 5 Feb 2013.

Now is a good time to get your comments to committee members submitted.

I assume people have been ticketed by the DNR or other state agencies for not having a D-Pass on a dual registered motorcycle. What has the outcome been when they contest these tickets in court?

What is the best for comments from out of state?

Good question A19! ?Are judges seeing the law as written? For what it's worth, courts in Jefferson Co are mulling what to do about prosecuting contested tickets. Seems the State has passed a law that does not reimburse local courts for the cost of collecting. With the second most visited park in WA right in town we have all sorts of conflicts with locally funded venues within the park having their visitors ticketed during workshops and conferences.
Thanks Tod for keeping the beast honest. dd

I am only aware of one so far.

The traffic court judge did not care or want to understand the issue.
Acted like it was just some sort of new parking ticket.

The case is being appealed in Superior Court.
Trial date TBD.

If you are not buying a Washington ORV permit, I'm not sure how to spin it for out-of-staters.

I noodle that one for a bit.

Well, it seems that there is reciprocity between states on our permits. If I have a Oregon OHV permit it's good in WA, if not, that opens up a new can of worms!!!

ORV pass reciprocity is secure.
Nothing similar applies to the D-pass requirements.