SNOWMOBILES

Notes:

[2010 c 161 § 226; 2008 c 52 § 1; 2005 c 235 § 2; 1982 c 17 § 1; 1979 ex.s. c 182 § 3; 1971 ex.s. c 29 § 2. Formerly RCW 46.10.020.]

(1) There is created in the Washington state parks and recreation commission a snowmobile advisory committee to advise the commission regarding the administration of this chapter.

     (2) The purpose of the committee is to assist and advise the commission in the planned development of snowmobile facilities and programs.

     (3) The committee shall consist of:

     (a) Six interested snowmobilers, appointed by the commission; each such member shall be a resident of one of the six geographical areas throughout this state where snowmobile activity occurs, as defined by the commission;

     (b) Three representatives of the nonsnowmobiling public, appointed by the commission; and

     (c) One representative of the department of natural resources, one representative of the department of fish and wildlife, and one representative of the Washington state association of counties; each of whom shall be appointed by the director of such department or association.

     (4) Terms of the members appointed under subsection (3)(a) and (b) of this section shall commence on October 1st of the year of appointment and shall be for three years or until a successor is appointed, except in the case of appointments to fill vacancies which shall be for the remainder of the unexpired term: PROVIDED, That the first such members shall be appointed for terms as follows: Three members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years.

     (5) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Expenditures under this subsection shall be from the snowmobile account created by RCW 46.68.350.

     (6) The committee may meet at times and places fixed by the committee. The committee shall meet not less than twice each year and additionally as required by the committee chair or by majority vote of the committee. One of the meetings shall be coincident with a meeting of the commission at which the committee shall provide a report to the commission. The chair of the committee shall be chosen under procedures adopted by the committee from those members appointed under subsection (3)(a) and (b) of this section.

     (7) The Washington state parks and recreation commission shall serve as recording secretary to the committee. A representative of the department of licensing shall serve as an ex officio member of the committee and shall be notified of all meetings of the committee. The recording secretary and the ex officio member shall be nonvoting members.

     (8) The committee shall adopt procedures to govern its proceedings.

[2010 c 161 § 235; 2010 c 8 § 9004; 1994 c 264 § 38; 1989 c 175 § 110; 1988 c 36 § 26; 1987 c 330 § 1201. Prior: 1986 c 270 § 9; 1986 c 16 § 3; 1983 c 139 § 1; 1979 ex.s. c 182 § 2. Formerly RCW 46.10.220.]

The operator of any snowmobile involved in any accident resulting in injury to or death of any person, or property damage to an apparent extent equal to or greater than the minimum amount established by rule adopted by the Washington state patrol in accordance with chapter 46.52 RCW, or a person acting for the operator, or the owner of the snowmobile having knowledge of the accident, if the operator of the snowmobile is unknown, shall submit such reports as are required under chapter 46.52 RCW, and the provisions of chapter 46.52 RCW applies to the reports when submitted.

[1990 c 250 § 27; 1971 ex.s. c 29 § 14. Formerly RCW 46.10.140.]

[1971 ex.s. c 29 § 18. Formerly RCW 46.10.180.]

[1972 ex.s. c 153 § 25. Formerly RCW 46.10.185.]

The provisions of this chapter shall be enforced by all persons having the authority to enforce any of the laws of this state, including, without limitation, officers of the state patrol, county sheriffs and their deputies, all municipal law enforcement officers within their respective jurisdictions, fish and wildlife officers, state park rangers, and those employees of the department of natural resources designated by the commissioner of public lands under *RCW 43.30.310, as having police powers to enforce the laws of this state.

[2001 c 253 § 4; 1980 c 78 § 131; 1971 ex.s. c 29 § 20. Formerly RCW 46.10.200.]

[1979 ex.s. c 182 § 15; 1973 1st ex.s. c 128 § 5. Formerly RCW 46.10.210.]

(1) The application for an original snowmobile registration has the same requirements as described for original vehicle registrations in RCW 46.16A.040 and must be accompanied by the annual snowmobile registration fee required under RCW 46.17.350, in addition to any other fees and taxes due at the time of application.

     (2) The application for renewal of a snowmobile registration has the same requirements as described for the renewal of vehicle registrations in RCW 46.16A.110 and must be accompanied by the annual snowmobile registration fee required under RCW 46.17.350, in addition to any other fees or taxes due at the time of application.

     (3) The snowmobile registration is valid for one year and must be renewed each year thereafter as determined by the department.

     (4) A person who acquires a snowmobile that has a valid snowmobile registration must:

     (a) Apply to the department, county auditor or other agent, or subagent appointed by the director for a transfer of the snowmobile registration within ten days of taking possession of the snowmobile; and

     (b) Pay the snowmobile registration transfer fee required under RCW 46.17.420, in addition to any other fees or taxes due at the time of application.

     (5) The department shall issue a snowmobile registration and snowmobile decals upon receipt of:

     (a) A properly completed application for an original snowmobile registration; and

     (b) The payment of all fees and taxes due at the time of application.

     (6) The snowmobile registration must be carried on the vehicle for which it was issued at all times during its operation in this state.

     (7) Snowmobile decals must be affixed to the snowmobile as provided in RCW 46.10.440.

     (8) Snowmobile registration fees provided in this section and in RCW 46.17.350 are in lieu of any personal property or excise tax imposed on snowmobiles by this state or any political subdivision. A state agency, city, county, or other municipality may not impose other registration fees on a snowmobile in this state.

[2010 c 161 § 228; 2008 c 52 § 2; 2005 c 235 § 3; 2002 c 352 § 2; 2001 2nd sp.s. c 7 § 918; 1997 c 241 § 2; 1996 c 164 § 1; 1986 c 16 § 2; 1982 c 17 § 2; 1979 ex.s. c 182 § 5; 1973 1st ex.s. c 128 § 1; 1972 ex.s. c 153 § 20; 1971 ex.s. c 29 § 4. Formerly RCW 46.10.040.]

[2010 c 161 § 227; 1986 c 16 § 1; 1979 ex.s. c 182 § 4; 1975 1st ex.s. c 181 § 1; 1971 ex.s. c 29 § 3. Formerly RCW 46.10.030.]

(1) Each dealer of snowmobiles in this state shall obtain a snowmobile dealer license from the department in a manner prescribed by the department. Upon receipt of an application for a snowmobile dealer's license and the fee provided in subsection (2) of this section, the dealer is licensed and a snowmobile dealer license number must be assigned.

     (2) The annual license fee for a snowmobile dealer is twenty-five dollars, which covers all of the snowmobiles offered by a dealer for sale and not rented on a regular, commercial basis. Snowmobiles rented on a regular commercial basis by a snowmobile dealer must be registered separately under RCW 46.10.310, 46.10.400, 46.10.430, and 46.10.440.

     (3) Upon the issuance of a snowmobile dealer license, a snowmobile dealer may purchase, at a cost to be determined by the department, snowmobile dealer license plates of a size and color to be determined by the department. The snowmobile dealer license plates must contain the snowmobile license number assigned to the dealer. Each snowmobile operated by a dealer, dealer representative, or prospective customer for the purposes of demonstration or testing shall display snowmobile dealer license plates in a clearly visible manner.

     (4) Only a dealer, dealer representative, or prospective customer may display a snowmobile dealer plate, and only a dealer, dealer representative, or prospective customer may use a snowmobile dealer's license plate for the purposes described in subsection (3) of this section.

     (5) Snowmobile dealer licenses are nontransferable.

     (6) It is unlawful for any snowmobile dealer to sell a snowmobile at wholesale or retail, or to test or demonstrate any snowmobile, within the state, unless the dealer has a snowmobile dealer license as required under this section.

     (7) When a snowmobile is sold by a snowmobile dealer, the dealer:

     (a) Shall apply for licensing in the purchaser's name as provided by rules adopted by the department; and

     (b) May issue a temporary license as provided by rules adopted by the department.

[2012 c 74 § 13; 2010 c 161 § 231; 1990 c 250 § 26; 1982 c 17 § 5; 1971 ex.s. c 29 § 5. Formerly RCW 46.10.050.]

[2010 c 161 § 233; 1971 ex.s. c 29 § 6. Formerly RCW 46.10.060.]

(1) Snowmobile decals assigned to each snowmobile must be:

     (a) Permanently affixed to and displayed upon each snowmobile as provided by rules adopted by the department; and

     (b) Maintained in a legible condition.

     (2) Dealer license plates as provided for in RCW 46.10.420 may be temporarily affixed.

     (3) The department shall make available a pair of identical snowmobile decals consistent with subsection (1) of this section. The decals serve the same function as license plates for vehicles registered under chapter 46.16A RCW. The department shall charge each applicant for an original registration the actual cost of the snowmobile decal. The department shall make available replacement snowmobile decals for a fee equivalent to the actual cost of the snowmobile decals.

[2011 c 171 § 30; 2010 c 161 § 234; 1973 1st ex.s. c 128 § 2; 1972 ex.s. c 153 § 21; 1971 ex.s. c 29 § 7. Formerly RCW 46.10.070.]

(1) The application for a nonresident temporary snowmobile permit must be made by the snowmobile owner or the owner's authorized representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department. The application must contain:

     (a) The name and address of each owner of the snowmobile; and

     (b) Other information the department may require.

     (2) The snowmobile owner or the owner's authorized representative shall sign the application for a nonresident temporary snowmobile permit.

     (3) The application for a nonresident temporary snowmobile permit must be accompanied by the nonresident temporary snowmobile permit fee required under RCW 46.17.400, in addition to any other fees or taxes due at the time of application.

     (4) Nonresident temporary snowmobile permits:

     (a) Are available for snowmobiles owned by residents of another state or Canadian province where registration is not required by law;

     (b) Are valid for not more than sixty days; and

     (c) Must be carried on the snowmobile at all times during its operation in this state.

[2010 c 161 § 229.]

[1971 ex.s. c 29 § 10. Formerly RCW 46.10.100.]

Notwithstanding the provisions of RCW 46.10.460, it shall be lawful to operate a snowmobile upon a public roadway or highway:

     Where such roadway or highway is completely covered with snow or ice and has been closed by the responsible governing body to motor vehicle traffic during the winter months; or

     When the responsible governing body gives notice that such roadway or highway is open to snowmobiles or all-terrain vehicle use; or

     In an emergency during the period of time when and at locations where snow upon the roadway or highway renders such impassible to travel by automobile; or

     When traveling along a designated snowmobile trail.

[2011 c 171 § 31; 1972 ex.s. c 153 § 23; 1971 ex.s. c 29 § 11. Formerly RCW 46.10.110.]

[2010 c 8 § 9003; 1972 ex.s. c 153 § 24; 1971 ex.s. c 29 § 12. Formerly RCW 46.10.120.]

[2010 c 161 § 232; 1982 c 17 § 4. Formerly RCW 46.10.055.]

(1) It is a traffic infraction for any person to operate any snowmobile:

     (a) At a rate of speed greater than reasonable and prudent under the existing conditions.

     (b) In a manner so as to endanger the property of another.

     (c) Without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others.

     (d) Without an adequate braking device which may be operated either by hand or foot.

     (e) Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such a manner so as to preclude excessive or unusual noise, and, (i) on snowmobiles manufactured on or before January 4, 1973, which shall effectively limit such noise at a level of eighty-six decibels, or below, on the "A" scale at fifty feet, and (ii) on snowmobiles manufactured after January 4, 1973, which shall effectively limit such noise at a level of eighty-two decibels, or below, on the "A" scale at fifty feet, and (iii) on snowmobiles manufactured after January 1, 1975, which shall effectively limit such noise at a level of seventy-eight decibels, or below, as measured on the "A" scale at a distance of fifty feet, under testing procedures as established by the department of ecology; except snowmobiles used in organized racing events in an area designated for that purpose may use a bypass or cutout device. This section shall not affect the power of the department of ecology to adopt noise performance standards for snowmobiles. Noise performance standards adopted or to be adopted by the department of ecology shall be in addition to the standards contained in this section, but the department's standards shall supersede this section to the extent of any inconsistency.

     (f) Upon the paved portion or upon the shoulder or inside bank or slope of any public roadway or highway, or upon the median of any divided highway, except as provided in RCW 46.10.460 and 46.10.470.

     (g) In any area or in such a manner so as to expose the underlying soil or vegetation, or to injure, damage, or destroy trees or growing crops.

     (h) Without a current registration decal affixed thereon, if not exempted under RCW 46.10.410 as now or hereafter amended.

     (2) It is a misdemeanor for any person to operate any snowmobile so as to endanger the person of another or while under the influence of intoxicating liquor or narcotics or habit-forming drugs.

[2011 c 171 § 32; 1980 c 148 § 1. Prior: 1979 ex.s. c 182 § 10; 1979 ex.s. c 136 § 43; 1975 1st ex.s. c 181 § 5; 1971 ex.s. c 29 § 9. Formerly RCW 46.10.090.]

(1) No person shall operate a snowmobile in such a way as to endanger human life.

     (2) No person shall operate a snowmobile in such a way as to run down or harass deer, elk, or any wildlife, or any domestic animal, nor shall any person carry any loaded weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife under RCW 77.32.237.

     (3) Any person violating this section is guilty of a gross misdemeanor.

[2003 c 53 § 234; 1994 c 264 § 37; 1989 c 297 § 4; 1979 ex.s. c 182 § 11; 1971 ex.s. c 29 § 13. Formerly RCW 46.10.130.]

(1) Except as provided in RCW 46.10.490(2), 46.10.485, and 46.10.495, any violation of the provisions of this chapter is a traffic infraction: PROVIDED, That the penalty for failing to display a valid registration decal under RCW 46.10.490 as now or hereafter amended shall be a fine of forty dollars and such fine shall be remitted to the general fund of the governmental unit, which personnel issued the citation, for expenditure solely for snowmobile law enforcement.

     (2) In addition to the penalties provided in RCW 46.10.490 and subsection (1) of this section, the operator and/or the owner of any snowmobile used with the permission of the owner shall be liable for three times the amount of any damage to trees, shrubs, growing crops, or other property injured as the result of travel by such snowmobile over the property involved.

[2011 c 171 § 33; 1982 c 17 § 8; 1980 c 148 § 2. Prior: 1979 ex.s. c 182 § 14; 1979 ex.s. c 136 § 44; 1975 1st ex.s. c 181 § 6; 1971 ex.s. c 29 § 19. Formerly RCW 46.10.190.]

From time to time, but at least once each biennium, the director shall request the state treasurer to refund from the motor vehicle fund amounts which have been determined to be a tax on snowmobile fuel, and the treasurer shall refund such amounts determined under RCW 46.10.530, and place them in the snowmobile account in the general fund.

[2011 c 171 § 34; 1994 c 262 § 3; 1979 ex.s. c 182 § 12; 1975 1st ex.s. c 181 § 3; 1973 1st ex.s. c 128 § 4; 1971 ex.s. c 29 § 15. Formerly RCW 46.10.150.]

Motor vehicle fuel used and purchased for providing the motive power for snowmobiles shall be considered a nonhighway use of fuel, but persons so purchasing and using motor vehicle fuel shall not be entitled to a refund of the motor vehicle fuel excise tax paid in accordance with the provisions of RCW 82.36.280 as it now exists or is hereafter amended.

[1971 ex.s. c 29 § 16. Formerly RCW 46.10.160.]

[2003 c 361 § 408; 1994 c 262 § 4; 1993 c 54 § 7; 1990 c 42 § 117; 1979 ex.s. c 182 § 13; 1971 ex.s. c 29 § 17. Formerly RCW 46.10.170.]