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Old 02-10-2012, 01:27 PM   #1
tod701 OP
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SB5366 - good bill gone bad

Senate Bill SB5366 (limited ATV use on certain roads) is now before the full Senate and they could vote on it at any time.

In its original form it would have allowed limited use of ATV on certain roads with common sense use restrictions, safety equipment and liability insurance requirements. Unfortunately it has been amended to please some anti-ORV organizations and now has features that are bad for our sport.

It would criminalize as a misdemeanor with a mandatory $500 fine, using any nonhighway vehicle on any public land not specifically designated as open to nonhighway vehicles. While we do not support riding where it is illegal, this could expand that to road or trails on DNR managed public land that is outside official designated ORV areas. Getting a criminal record for riding on the wrong logging road is just way to extreme.

It would also exempt quads with this new road use from any ORV permit requirements and by doing that reduce the funds for ORV trails while still being allowed to use the trails.

Instead of requiring an equipment inspection, the vehicle owner would sign their own compliance statement to present to the department of Licensing. While this would be convenient, by signing the form the owner would be declaring their their vehicle complies with variety of equipment laws within RCW46.37. If a mistake is made and they are wrong about the compliance, the penalty is a gross misdemeanor and that can include significant jail time. This could easily send well meaning people to jail just because they were not thoroughly knowledgeable in interpreting State law. That is far too extreme and it would make much more sense to have the inspection done by a profession as is being done with the motorcycle conversions now allowed by the passing of SB5800 last year.

What started out as a good bill is now a bad one.

Please contact your State Senator and time them to vote no on SB5366 if it is not fixed before the Senate votes on it. Promises of fixes later are not good enough.

If you don’t know who your State Senator is or how to contact them, go to www.leg.wa.gov
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Old 02-11-2012, 06:36 PM   #2
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5366 passes Senate 41 to 5
It had one small but good amendment.
The penalty for riding in the wrong place was left at $500, but changed to a ticket instead of a misdemeanor.

Now it moves to the House.
Most likely the Transportation Committee.
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Old 02-12-2012, 07:33 PM   #3
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Uh oh.

Who should we contact, Tod?
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Old 02-20-2012, 06:19 PM   #5
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There are anti-ORV organizations getting behind supporting this bill.
Some even have hopes of making in worse, with more criminal penalties, jail, etc.
And little things like front and rear full sized plates instead of an ORV permit.(ready to put three license plates on your bike?)

If you don't like their plans, let the House Transportation Committee know.

BTW - The sponsor of amendments like this has spies that lurk on this forum and report in when I say bad things.
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Old 02-20-2012, 08:50 PM   #6
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Ann.rivers@leg.wa.gov
Jay.rodne@leg.wa.gov
Cindy.ryu@leg.wa.gov
Matt.shea@leg.wa.gov
Dean.takko@leg.wa.gov
Dave.upthegrove@leg.wa.gov
Hans.zeiger@leg.wa.gov
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Old 02-20-2012, 11:01 PM   #7
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Quote:
Originally Posted by tod701 View Post
There are anti-ORV organizations getting behind supporting this bill.
Some even have hopes of making in worse, with more criminal penalties, jail, etc.
And little things like front and rear full sized plates instead of an ORV permit.(ready to put three license plates on your bike?)

If you don't like their plans, let the House Transportation Committee know.

BTW - The sponsor of amendments like this has spies that lurk on this forum and report in when I say bad things.
is there soemplace to lurk where we can spy on them back?
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Old 02-27-2012, 08:32 AM   #8
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Significantly amended and passed by the House Transportation Committee.
Still stinks.

The closed unless designated open language added to the $500 fine section puts most user built trails at risk.

Since it has major changes since passed by the Senate, it should be returned for the Senate to vote on it again.

That will not happen unless we push hard for it.

Ask your State Senator to bring back SB5366 for another Senate vote.
Tell them that it is very different than what they voted on and was written so hastily that it contains significant errors.

www.leg.wa.gov
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Old 02-27-2012, 05:57 PM   #9
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I found this in my email inbox. Will the fine crossover to the two-wheel society? TONY

From: "EWATV" <ewatvinfo@air-pipe.com>
Date: February 25, 2012 4:35:22 PM PST
To: "EWATV" <ewatvinfo@air-pipe.com>
Subject: E2SSB-5366

Hello, It’s Me Again….

Yesterday, “A day that will live in infamy”, the WA House Transportation Committee passed Engrossed Second Substitute Senate Bill 5366 by an overwhelming majority from both sides of the isle. In attendance at the hearing in Olympia, I testified in favor of the final bill with amendments. It now goes to the full floor of the House for vote. The benefits now outweigh the bad points.

Understand, this bill is not perfect for all. It has a couple of bad points that I could not get deleted from the final version. Biggest being $30.00 additional for a license plate and turn signals will be required. The later being real dumb. Our supervision clause for our children and g-children will be limited to non-highway and primitive roads unless allowed in city and county ordinances. I believe the bill should also cover UTV’s.

Teeth was added to illegal operation. That should be no surprise to anyone. This got us support from all the conservation/environmental groups that normally oppose our efforts. Intentionally being where you are not allowed to be, illegal cross country travel and damage to meadows and unauthorized mud bogging will now cost up to a $500.00 fine if license number is turned in to law enforcement and investigated. Still an infraction instead of a gross misdemeanor.

Some of what we gained. All local jurisdiction city (under 15,000 population) and county roads with 35 mph or less will become open to ATV travel by licensed drivers. No numbered state highways, US highways, divided or limited access highways. Liability insurance will be required. Remember, this bill does not affect motorcycles , side by sides and licensed 4 x4’s. Cities and Counties can now designate roads, without restriction, to be suitable or unsuitable for ATV use with posted speed limits greater than 35 mph. It is too long to go into here. But, the dynamic of what a city and county can designate in relation to the bills change of state law is interesting to say the least. It now puts additional pressure on federal and state agencies to allow ATV’s on all roads 35 mph or less and open to other vehicle traffic.

We were able to eliminate the requirement of fenders down half way over the tires. Also just one mirror instead of two. One tail/stop light instead of two. Along with language that would have given federal agencies an easier out than abiding by state law.

There will be a couple of technical amendments introduced from the House floor that should be of no significant problem. It is now imperative that we monitor the daily happenings of the House this coming week to make sure nothing detrimental is added to this bill. The conservationist movement wants even more stringent penalties for unauthorized use. If passed this will take effect on March 1, 2013.

Please take the time to thank the members of the House Transportation Committee for bringing OHV use in WA up to par with our neighboring states. Especially Rep. Matt Shea.


Gary Prewitt
President - Eastern Washington ATV Association Inc.
Director - Washington Off Highway Vehicle Alliance
State Partner, Washington- National Off-Highway Vehicle Conservation Council


Quote:
Originally Posted by tod701 View Post
Significantly amended and passed by the House Transportation Committee.
Still stinks.

The closed unless designated open language added to the $500 fine section puts most user built trails at risk.

Since it has major changes since passed by the Senate, it should be returned for the Senate to vote on it again.

That will not happen unless we push hard for it.

Ask your State Senator to bring back SB5366 for another Senate vote.
Tell them that it is very different than what they voted on and was written so hastily that it contains significant errors.

www.leg.wa.gov
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Old 02-27-2012, 06:28 PM   #10
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Outright lies in the message by Gary Prewitt.

SB5366 definately affects motorcycles.

Section 16 applies to ALL nonhighway vehicles.

And the $500 fine is not just for doing damage, but for any travel on public land by a nonhighway that is not specifically authorized.

To make it even worse, the state definition of a nonhighway vehicle included not just ORV, but any vehicle using a nonhighway road for recreational purposes.

Are State Parks roads and WDFW roads nonhighway roads?
If not and you are driving on them for recreational purposes, that also qualifies you for the $500 ticket.

It also facilitates anyone that wants to, to take your picture and claim you were were somewhere unauthorized and law enforcement must investigate.

Real good stuff.


NEW SECTION. Sec. 16. A new section is added to chapter 46.09 RCW to read as follows:

(1) A person may operate a nonhighway vehicle upon public lands consistent with the local land management requirements; however, in all events, operation is limited to the roads, trails, and other specifically designated areas.

(2) A violation of this section is a traffic infraction with a penalty of up to five hundred dollars.

(3) Any law enforcement officer may issue a notice of traffic infraction for a violation of subsection (1) of this section whether or not the infraction was committed in the officer's presence, as long as there is reasonable evidence presented that the operator of the off- road vehicle committed a violation of subsection (1) of this section.

At a minimum, the evidence must include information relating to the time and location at which the violation occurred, and the off-road vehicle license plate number or a description of the vehicle involved in the violation.

(4) The law enforcement officer shall initiate an investigation of a reported violation of subsection (1) of this section after receiving the evidence described under subsection (3) of this section by contacting the owner of the off-road vehicle involved in the reported violation and requesting the owner to supply information identifying the operator. If, after an investigation, the law enforcement officer is able to identify the operator and has reasonable cause to believe a violation of subsection (1) of this section has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the operator of the off-road vehicle.
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tod701 screwed with this post 02-27-2012 at 07:04 PM
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Old 02-27-2012, 07:54 PM   #11
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I'm very disappointed that people so intent on getting something passed, will let a piece of legislation this bad continue to move forward, and then have the balls to say it's a good thing. Anyone can claim I was somewhere I shouldn't be, and the authorities have to investigate? This bill is FUBAR.
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Old 02-27-2012, 10:18 PM   #12
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this raises the stakes considerably and will increase people running from being pulled over in the woods. people will get hurt ( and much worse) because of this. these morons have no idea what they have done.
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Old 02-27-2012, 10:29 PM   #13
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this raises the stakes considerably and will increase people running from being pulled over in the woods. people will get hurt ( and much worse) because of this..
I agree.


Quote:
Originally Posted by HighwayChile View Post
these morons have no idea what they have done.
Some don't, but others do.


"…This is Jihad, pal. There are no innocent bystanders, because in these desperate hours, bystanders are not innocent. We'll broaden our theater of conflict."

Mike Roselle, Earth First
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Old 02-27-2012, 10:50 PM   #14
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So who do we contact now to kill this?
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Old 02-27-2012, 11:07 PM   #15
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So who do we contact now to kill this?
Step one, contact your Washington State Senator:

++++

Since it has major changes since passed by the Senate, it should be returned for the Senate to vote on it again.

That will not happen unless we push hard for it.


Ask your State Senator to bring back SB5366 for another Senate vote.

Tell them that it is very different than what they voted on and was written so hastily that it contains significant errors.

www.leg.wa.gov

++++

Step two involves both of your Washington State House of Representatives members.
More on that tomorrow.
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