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07/20/2021 05.B. Discussion regarding allowing street legal altered leisure vehicles on streets within City limits 1 • Iv41 rr 11 i i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of: July 20, 2021 ITEM TITLE: Discussion regarding allowing street legal altered leisure vehicles on streets within City limits SUBMITTED BY: Robert Harrison, City Manager SUMMARY EXPLANATION: At the July 6, 2021 Council meeting, staff was directed to add this topic for discussion to the July 20, 2021 City Council agenda. Attached are materials from MRSC and a copy of the relevant RCW. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: ATTACHMENTS: Description Upload Date Type O MRSC, 7/9/2021 Corer Memo ❑ RCW 7/9/2021 Corer Memo .."•- MRSC 2 Local Government Success WATVs (Wheeled All-Terrain Vehicles) Issues and Reminders April12, 2017 by Jim Doherty Category: Traffic Regulation and Enforcement • �' Y •4 .. WATVs (Wheeled All- . . . - i -.• - ` , _ Terrain Vehicles) Issues »j'r - and Reminders a _-719V- ,i,i_ • ,:: •�"i _t The 2013 legislature made major i �. �� � changes to the authority of riders to --o i r r •tiZ A I. iairaio use some off-road vehicles on public :; }., _ -• , j , 702 ' - _ roads. Since then WATVs have been A • I,) • ) .' 9 -': _ �.• increasingly used on public roads in - ..f 1 t the State of Washington. MRSC . , !— ' . -- summarized the legislative changes in a 2013 blog post: All-Terrain Vehicles Renamed and Rolling. This post will provide some updates and reminders concerning issues related to WAN use. What's Changed Since 2013? The statutes dealing with off-road and wheeled all-terrain vehicles are found in hpter 46.09 RCW. There have been minor changes to the statutes since 2013 (see EHB 1918,enacted in 2016),but most of the changes involve licensing and are relevant primarily to WAN riders and authorities enforcing the licensing provisions. The basic statutes regarding use of WANs on public roads have not changed. 2017 Update:The legislature slightly amended the WAN statutes again in 2017 by amending RCW 46.09.455. WAN riders can now cross a highway that has a speed limit between 35 and 60 miles per hour if the city or county does not specifically prohibit crossing at a specific intersection or along the entire route within the jurisdiction. See RCW 46.09.455 for the details. What are the Basic Regulations, Again? The primary statute that defines the authority and responsibilities of cities and counties regarding WAT\ use on public roads is RCW 46.09.455. Here is a summary of the basics: 1.WATVs can only be operated on roads where the speed limit for all types of vehicles is 35 mph or less. 2.WATVs can only be ridden on roads within cities and towns if the city or town council formally approves the use, and the list of approved roads must be made accessible from the main page of the city or town website. 3. In counties where the population exceeds 15,000,WATVs cannot be operated on public roads unless the county legislative body passes an ordinance approving the use,and the list of approved roads must be made publicly accessible from the main page of the county website. 4. In counties with a population of less than 15,000,the county legislative body can designate the roads that are unsuitable for use by WATVs,and the list of roads must be made publicly accessible from the main page of the county website. Common Questions and Answers: Here are some common questions and answers related to WATV use on public roads. Are WATV riders and passengers required by state law to wear helmets? Yes.See RCW 46.09.444(2) then RCW 46.37.530(1)_(c)_ Can a local government prohibit WATV operators from carrying a passenger? Probably not.WATV operators are subject to all of the rights and duties of a motorcycle rider under RCW 46.37.530 and chapter 46.61 RCW. RCW 46.61.610 sets the requirements for carrying passengers, so our conclusion is that a local government cannot enact a regulation that is inconsistent with that statute. If the WATV is designed and meets the requirements for carrying a passenger,then it must be allowed. If a local government prohibits the use of WATVs on public roads, is the jurisdiction required to post signs regarding that prohibition? No. It is the responsibility of the WATV rider to check the local government's website to find out if use is allowed and where it is allowed. Can a city or county adopt a variable speed limit,with a higher posted limit generally, but reduced to 35 when WATVs are present? No.That would be inconsistent with RCW 46.09.455(1). If you have questions regarding WATV issues,use our online ASK MRSC form to submit a question to our consultant staff,or just give us a call:206 625-1300. MRSC is a private nonprofit organza Lion serving local governments in Washington State.Eligible goven ment agencies in Washington State may use our free, me-on-one Ask MRSC service to get answers to legs(policy, or financial questions About Jim Doherty Jim had over 24 years of experience researching and responding to varied legal questions at MRSC He had special expertise in transmission pipeline planning issues,as well as the issues surrounding medical and recreational marijuana_He is now retired. VIEW ALL POSTS BY JIM DOHERTY Follow us: o 2021?AM of wwingtm N1 r+ta reserved Privacy&Terms 5 RCW 46.09.455 Authorized and prohibited uses for wheeled all-terrain vehicles. (1) A person may operate a wheeled all-terrain vehicle upon any public roadway of this state, not including nonhighway roads and trails, having a speed limit of thirty-five miles per hour or less subject to the following restrictions and requirements: (a) A person may not operate a wheeled all-terrain vehicle upon state highways that are listed in chapter 47.17 RCW; however, a person may operate a wheeled all- terrain vehicle upon a segment of a state highway listed in chapter 47.17 RCW if the segment is within the limits of a city or town and the speed limit on the segment is thirty- five miles per hour or less; (b)(i) A person operating a wheeled all-terrain vehicle may not cross a public roadway, not including nonhighway roads and trails, with a speed limit in excess of thirty-five miles per hour, except as follows: A person operating a wheeled all-terrain vehicle may cross a public roadway with a speed limit of sixty miles per hour or less, but more than thirty-five miles per hour, at an intersection of approximately ninety degrees if the roadway that intersects the public roadway with a speed limit of sixty miles per hour or less, but more than thirty-five miles per hour, is a roadway upon which the operation of wheeled all-terrain vehicles has been approved or is otherwise allowed under this section. (ii) A county, city, or town may by ordinance prohibit a person operating a wheeled all-terrain vehicle from crossing a public roadway with a speed limit of sixty miles per hour or less, but more than thirty-five miles per hour, at specific intersections or along the entirety of the route within the jurisdiction. (iii) The operator of a wheeled all-terrain vehicle may not cross at an uncontrolled intersection of a public highway listed under chapter 47.17 RCW; (c)(i) A person may not operate a wheeled all-terrain vehicle on a public roadway within the boundaries of a county, not including nonhighway roads and trails, with a population of fifteen thousand or more unless the county by ordinance has approved the operation of wheeled all-terrain vehicles on county roadways, not including nonhighway roads and trails. (ii) The legislative body of a county with a population of fewer than fifteen thousand may, by ordinance, designate roadways or highways within its boundaries to be unsuitable for use by wheeled all-terrain vehicles. (iii) Any public roadways, not including nonhighway roads and trails, authorized by a legislative body of a county under (c)(i) of this subsection or designated as unsuitable under (c)(ii) of this subsection must be listed publicly and made accessible from the main page of the county web site. (iv) This subsection (1)(c) does not affect any roadway that was designated as open or closed as of January 1 , 2013; (d)(i) A person may not operate a wheeled all-terrain vehicle on a public roadway within the boundaries of a city or town, not including nonhighway roads and trails, unless the city or town by ordinance has approved the operation of wheeled all-terrain vehicles on city or town roadways, not including nonhighway roads and trails. 6 (ii) Any public roadways, not including nonhighway roads and trails, authorized by a legislative body of a city or town under (d)(i) of this subsection must be listed publicly and made accessible from the main page of the city or town web site. (iii) This subsection (1)(d) does not affect any roadway that was designated as open or closed as of January 1 , 2013; (e) Any person who violates this subsection commits a traffic infraction. (2) Local authorities may not establish requirements for the registration of wheeled all-terrain vehicles. (3) A person may operate a wheeled all-terrain vehicle upon any public roadway, trail, nonhighway road, or highway within the state while being used under the authority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency's official duties. (4) A wheeled all-terrain vehicle is an off-road vehicle for the purposes of chapter 4.24 RCW. RCW 46.09.457 Equipment and declaration requirements for wheeled all-terrain vehicles—Exception. (1) A person may operate a wheeled all-terrain vehicle upon any public roadway of this state, not including nonhighway roads and trails, subject to RCW 46.09.455 and the following equipment and declaration requirements: (a) A person who operates a wheeled all-terrain vehicle must comply with the following equipment requirements: (i) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion upon a highway; (ii) One tail lamp meeting the requirements of RCW 46.37.525 and used at all times when the vehicle is in motion upon a highway; however, a utility-type vehicle, as described under RCW 46.09.310, must have two tail lamps meeting the requirements of RCW 46.37.070(1) and to be used at all times when the vehicle is in motion upon a highway; (iii) A stop lamp meeting the requirements of RCW 46.37.200; (iv) Reflectors meeting the requirements of RCW 46.37.060; (v) During hours of darkness, as defined in RCW 46.04.200, turn signals meeting the requirements of RCW 46.37.200. Outside of hours of darkness, the operator must comply with RCW 46.37.200 or 46.61.310; (vi) A mirror attached to either the right or left handlebar, which must be located to give the operator a complete view of the highway for a distance of at least two hundred feet to the rear of the vehicle; however, a utility-type vehicle, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400; 7 (vii) A windshield meeting the requirements of RCW 46.37.430, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington state patrol; (viii) A horn or warning device meeting the requirements of RCW 46.37.380; (ix) Brakes in working order; (x) A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and (xi) For utility-type vehicles, as described under RCW 46.09.310(19), seat belts meeting the requirements of RCW 46.37.610. (b) A person who operates a wheeled all-terrain vehicle upon a public roadway must provide a declaration that includes the following: (i) Documentation of a safety inspection to be completed by a licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop in the state of Washington that must outline the vehicle information and certify under oath that all wheeled all-terrain vehicle equipment as required under this section meets the requirements outlined in state and federal law. A person who makes a false statement regarding the inspection of equipment required under this section is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040; (ii) Documentation that the licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop did not charge more than fifty dollars per safety inspection and that the entire safety inspection fee is paid directly and only to the licensed wheeled all- terrain vehicle dealer or motor vehicle repair shop; (iii) A statement that the licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop is entitled to the full amount charged for the safety inspection; (iv) A vehicle identification number verification that must be completed by a licensed wheeled all-terrain vehicle dealer or motor vehicle repair shop in the state of Washington; (v) A release, on a form to be supplied by the department, signed by the owner of the wheeled all-terrain vehicle and verified by the department, county auditor or other agent, or subagent appointed by the director that releases the state, counties, cities, and towns from any liability; and (vi) A statement that outlines that the owner understands that the original wheeled all-terrain vehicle was not manufactured for on-road use and that it has been modified for use on public roadways. (2) This section does not apply to emergency services vehicles, vehicles used for emergency management purposes, or vehicles used in the production of agricultural and timber products on and across lands owned, leased, or managed by the owner or operator of the wheeled all-terrain vehicle or the operator's employer. "Wheeled all-terrain vehicle" means (a) any motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty inches or less, or (b) a utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a maximum width less than seventy- 8 four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following: (i) Has a minimum width of fifty inches; (ii) has a minimum weight of at least nine hundred pounds; or (Hi) has a wheelbase of over sixty-one inches.