Chapter 10.40
WHEELED ALL-TERRAIN VEHICLES
Sections:
10.40.020 Equipment and declaration requirements for on-road use.
10.40.030 When wheeled all-terrain vehicles may be driven on public roadway.
10.40.040 List, map, and funds for signage of authorized roads.
10.40.050 Unauthorized use of wheeled all-terrain vehicle - Penalty.
10.40.010 Definitions.
The definitions set forth in this section apply throughout this chapter:
(1) “Nonhighway vehicle” means any motorized vehicle, including an off-road vehicle, primarily designed for use for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain, excluding the following:
(a) Any vehicle designed primarily for travel on, over, or in the water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under Chapter 82.38 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.
(2) “Off-road vehicle” means a nonstreet registered vehicle generally used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. It includes, but is not limited to, all-terrain vehicles, motorcycles, four-wheel drive vehicles, and dune buggies.
(3) “Wheeled all-terrain vehicle” means:
(a) Any motorized nonhighway vehicle with handlebars that is 50 inches or less in width, has a seat height of at least 20 inches, weighs less than 1,500 pounds, and has four tires having a diameter of 30 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 20 psi or less, has a maximum width less than 74 inches, has a maximum weight less than 2,000 pounds, has a wheelbase of 110 inches or less, and satisfies at least one of the following: (i) Has a minimum width of 50 inches; (ii) has a minimum weight of at least 900 pounds; or (iii) has a wheelbase of over 61 inches.
(4) “Wheeled all-terrain vehicle” does not include a four-wheeler, three-wheeler, golf cart, go cart, off-road vehicle, or any other similar type of vehicle unless it fully complies with the definitions herein and the requirements of LCC 10.40.020. [Ord. 1286 §1, 2018]
10.40.020 Equipment and declaration requirements for on-road use.
To the extent required in RCW 46.09.457, now or as hereafter amended:
(1) A person who operates a wheeled all-terrain vehicle on a public roadway must comply with the following equipment requirements:
(a) 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;
(b) 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;
(c) A stop lamp meeting the requirements of RCW 46.37.200;
(d) Reflectors meeting the requirements of RCW 46.37.060;
(e) 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;
(f) 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 200 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;
(g) 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;
(h) A horn or warning device meeting the requirements of RCW 46.37.380;
(i) Brakes in working order;
(j) A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
(k) For utility-type vehicles, as described under RCW 46.09.310(19), seat belts meeting the requirements of RCW 46.37.510.
(2) A person who operates a wheeled all-terrain vehicle upon a public roadway must first provide the declaration required in RCW 46.09.457(1)(b) to the Washington Department of Licensing.
(3) 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. [Ord. 1286 §1, 2018]
10.40.030 When wheeled all-terrain vehicles may be driven on public roadway.
A person may drive a wheeled-all terrain vehicle on the roads within unincorporated Lewis County designated in LCC 10.40.040 if all of the following conditions are true:
(1) The driver has and possesses a current Washington driver’s license, or current out-of-state driver’s license if the driver resides out of state, and the driver’s privilege to drive is not suspended in this or his or her home state;
(2) The wheeled all-terrain vehicle has a current metal tag and on-road registration from the Department of Licensing; or is exempt from such tag and registration under RCW 46.09.442(6)(a), now or as hereafter amended, due to registration in another state with equivalently stringent standards;
(3) The wheeled all-terrain vehicle and driver have satisfied the equipment and declaration requirements of LCC 10.40.020, or are exempt under LCC 10.40.020(3). [Ord. 1286 §1, 2018]
10.40.040 List, map, and funds for signage of authorized roads.
(1) Exhibit A attached to the ordinance codified in this chapter is the list of roads or portions of roads within unincorporated Lewis County, by name and milepost, that are approved for use by wheeled all-terrain vehicles. This list may from time to time be amended by resolution of the board of county commissioners.
(2) The public works department shall create and maintain a map depicting the roads and portions of roads listed in Exhibit A, now as or hereafter amended. The list and map shall be publicly available from the main page of the Lewis County website.
(3) By July 1, 2018, the public works department shall apply for a grant to obtain funds for a reasonable number of signs or traffic control devices indicating areas in which wheeled all-terrain vehicles may be lawfully driven on the public roadway. [Ord. 1286 §1, 2018]
10.40.050 Unauthorized use of wheeled all-terrain vehicle - Penalty.
It is a civil infraction under LCC 1.20.040 to:
(1) Operate a wheeled all-terrain vehicle on a public roadway in violation of any of the terms of this chapter; or
(2) Operate a four-wheeler, three-wheeler, golf cart, go cart, off-road vehicle, or any other type of vehicle that is similar to a wheeled all-terrain vehicle, but which does not meet the requirements of a wheeled all-terrain vehicle under this chapter, on a public roadway. [Ord. 1286 §1, 2018]