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Old 02-01-2013, 06:22 AM   #16
dammitdave
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Originally Posted by Alpha One Nine View Post
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?
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
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Old 02-01-2013, 06:24 AM   #17
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Originally Posted by Alpha One Nine View Post
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?
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.
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Old 02-01-2013, 06:27 AM   #18
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Originally Posted by Craig McCurdy View Post
What is the best for comments from out of state?
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.
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Old 02-01-2013, 08:42 AM   #19
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Originally Posted by tod701 View Post
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!!!
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Old 02-01-2013, 10:48 AM   #20
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Originally Posted by Craig McCurdy View Post
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.
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Old 02-01-2013, 05:52 PM   #21
Craig McCurdy
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Originally Posted by tod701 View Post
ORV pass reciprocity is secure.
Nothing similar applies to the D-pass requirements.
So let me get this straight, if we have a Oregon OHV permit on our dual sport bikes we need a D pass but if you have a WA. ORV permit on your dual sport you don't?
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Old 02-01-2013, 06:11 PM   #22
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Originally Posted by Craig McCurdy View Post
So let me get this straight, if we have a Oregon OHV permit on our dual sport bikes we need a D pass but if you have a WA. ORV permit on your dual sport you don't?
If the State Park, Department of Fish and Wildlife area or road within a Department of Natural Resourses requires a D-pass then you must have one.

If the DNR followed the law correctly, if where you are riding is legal with an ORV permit then you do not need a D-pass.

Roads within DNR managed landscapes gets even more confusing. If it is a county road, then there is an easement and the State cannot require a D-pass.

Unfortunately the DNR is currently ignoring the law and requiring a D-pass on anything with a street plate regardless of whether or not it has an ORV permit.
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Old 02-03-2013, 10:39 AM   #23
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If you live in a district with staff on the Senate Natural Resources Committee (identified in post #1) then you should contact your legislator.

Suggested language to email them with:

Imagine how you'd feel if you believed in governmental support of ORV recreation
which prompted you to forfeit your right to receive gas tax refunds and even helped to create ORV
permit legislation so that the government could use your money to support ORV recreation..... and then the government enacted additional fee collection with the Discover Pass, even though you'd already paid your fair share? I'm concerned about having to purchase the additional Discover Pass on top of my current ORV permit and am asking you to support SB5391 to remove this injustice on ORV owners.

shrubitup screwed with this post 02-03-2013 at 10:45 AM
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Old 02-06-2013, 01:06 PM   #24
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HB1755 is the House of Representative version and is identical to SB5391

http://apps.leg.wa.gov/billinfo/summ...1755&year=2013

It will probably be assigned to the House Agriculture and Natural Resources Committee tommorrow.
When that happens, I will post contact info.
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Old 02-07-2013, 07:41 PM   #25
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PLEASE SUPPORT HB1755
(Companion bill SB5391)

DISCOVER PASS REQUIREMENT LANGUAGE CLARIFIED

In addition to Senate Bill SB5391, we have successfully lobbied to have an identical House of Representatives version introduced. By working the issue in both chambers of the Legislature this increases our chances of success before the end of the 2013 legislative session.

The Department of Natural Resources is misapplying the D-pass requirements for 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.

Representative David Hayes has stepped up on the House of Representative side and is the prime sponsor of this NMA written bill.

Just like SB5391, House Bill HB1755 simply adds “vehicles with a valid offroad vehicle permit at locations where offroad vehicle activity is allowed” to the list of exempt vehicles.

See link:

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1755&year=2013


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.

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.

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.

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.

We continue in good faith attempted to educate Commissioner Goldmark and his staff concerning this misapplication of the Discover Pass requirement, but have failed to cause him to change his agency’s erroneous policy.

Hitting that impasse, we are left with no other choice than to seek legislative relief.

HB1755 has been assigned to the House Appropriations Subcommittee on General Government and if you support it, please let them know.

Their email addresses:

zack.hudgins@leg.wa.gov
kevin.parker@leg.wa.gov
vincent.buys@leg.wa.gov
bruce.chandler@leg.wa.gov
hans.dunshee@leg.wa.gov
sam.hunt@leg.wa.gov
jamie.pedersen@leg.wa.gov
larry.springer@leg.wa.gov
david.taylor@leg.wa.gov


Passing legislation is a multi-step process and your input is valuable at every step of the way.

Happy trails,

Tod
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Old 02-08-2013, 03:45 PM   #26
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Thank you Tod

We have enjoyed riding in Washington for a number of years, would like to see this worked out, I believe this is a PNW issue since many of us do ride the entire region not just the state we live in!
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Old 02-11-2013, 06:45 AM   #27
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The Senate Natural Resources Committee has not voted on this yet so there is still time to get your comments in (or send more).

Some thoughts:

We are not asking for anything free.
We are more than willing to pay our fair share.
We just don't want to pay multiple times for the exact same public land access when all other people only have to pay once.


We are not asking to change the law, just to provide clarification so that the DNR policy will agree with the letter of the law.

kirk.pearson@leg.wa.gov

john.smith@leg.wa.gov

christine.rolfes@leg.wa.gov

jim.hargrove@leg.wa.gov

mike.hewitt@leg.wa.gov

adam.kline@leg.wa.gov

linda.parlette@leg.wa.gov

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Old 02-11-2013, 07:09 PM   #28
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I think it is time to hear from the PDX group on this matter. They are usually punctual about going where they don`t belong.
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Old 02-11-2013, 07:15 PM   #29
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I think it is time to hear from the PDX group on this matter. They are usually punctual about going where they don`t belong.
And you're a fucking idiot

happy now?
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Old 02-11-2013, 07:16 PM   #30
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And you're a fucking idiot

happy now?
took you awhile.
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