Title 46 — Title 46 MOTOR VEHICLES

The provisions of this chapter shall apply to all lands in this state. Nothing in this chapter, RCW 79A.35.040, 79A.35.070, 79A.35.090, 79A.35.110, and 79A.35.120 shall be deemed to grant to any person the right or authority to enter upon private property without permission of th…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advisory committee" means the nonhighway and off-road vehicle activities advisory committee established in RCW 46.09.340.(2) "Board" means the recreation and conservat…

(1) The application for a certificate of title of an off-road vehicle must be made by the owner or owner's representative to the department, county auditor or other agent, or subagent appointed by the director on a form furnished or approved by the department and must contain:(a)…

Vehicles titled under this chapter are exempt from the vehicle identification number inspection required in RCW 46.12.560.[ 2025 c 10 s 2.]Notes:Effective date—2025 c 10: See note following RCW 46.12.560.

(1) Each dealer of off-road vehicles in this state shall obtain either a miscellaneous vehicle dealer license as defined in RCW 46.70.011 or an off-road vehicle dealer license from the department in a manner prescribed by the department. Upon receipt of an application for an off-…

(1) The board shall establish the nonhighway and off-road vehicle activities advisory committee to provide advice regarding the administration of this chapter. The committee consists of governmental representatives, land managers, and a proportional representation of persons with…

The operator of any nonhighway vehicle involved in any accident resulting in injury to or death of any person, or property damage to another to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol i…

(1) Notwithstanding any of the provisions of this chapter, any city, town, county, or other political subdivision of this state, or any state agency, may regulate the operation of nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on str…

The board shall maintain a statewide plan which shall be updated at least once every third biennium and shall be used by all participating agencies to guide distribution and expenditure of funds under this chapter.[ 2007 c 241 s 18; 1986 c 206 s 11; 1977 ex.s. c 220 s 18. Formerl…

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 resp…

The department must track wheeled all-terrain vehicles in a separate registration category for reporting purposes.[ 2013 2nd sp.s. c 23 s 8.]Notes:Finding—Intent—2013 2nd sp.s. c 23: See note following RCW 46.09.442.Effective date—2013 2nd sp.s. c 23: See note following RCW 46.09…

(1) It is the intent of the legislature to create a concurrent licensing process to allow the owner of a wheeled all-terrain vehicle to maintain concurrent but separate registrations for the vehicle, for use as a wheeled all-terrain vehicle and for use as a tracked all-terrain ve…

The department shall:(1) Issue registrations and temporary ORV use permits for off-road vehicles, excluding wheeled all-terrain vehicles subject to subsection (4) of this section;(2) Issue decals for off-road vehicles, excluding wheeled all-terrain vehicles subject to subsection …

(1)(a) The application for an original ORV registration has the same requirements as described for original vehicle registrations in RCW 46.16A.040 and, except as provided in (b) of this subsection, must be accompanied by the annual off-road vehicle license fee required under RCW…

ORV registrations and decals are required under this chapter except for the following:(1) Off-road vehicles owned and operated by the United States, another state, or a political subdivision of the United States or another state.(2) Off-road vehicles owned and operated by this st…

(1) The application for a temporary ORV use permit must be made by the 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 co…

Except as provided in this chapter, a person shall not operate an off-road vehicle within this state unless the off-road vehicle has been assigned an ORV registration or temporary ORV use permit and displays current decals and tabs as required under this chapter.[ 2010 c 161 s 21…

(1) Any wheeled all-terrain vehicle operated within this state must display a metal tag to be affixed to the rear of the wheeled all-terrain vehicle. The initial metal tag must be issued with an original off-road vehicle registration and, except as provided in subsection (7) of t…

(1) A person may not operate a wheeled all-terrain vehicle upon a public roadway of this state, not including nonhighway roads and trails, without (a) first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW or (b) possessing a …

(1) Except as otherwise provided in this section, it is lawful to operate an off-road vehicle upon:(a) A nonhighway road and in parking areas serving designated off-road vehicle areas if the state, federal, local, or private authority responsible for the management of the nonhigh…

(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 …

(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 …

(1) Except as specified in subsection (2) of this section, no person under sixteen years of age may operate an off-road vehicle on or across a highway or nonhighway road in this state without direct supervision of a person eighteen years of age or older possessing a valid license…

(1) Except as provided in subsection (4) of this section, it is a traffic infraction for any person to operate any nonhighway vehicle:(a) In such a manner as to endanger the property of another;(b) On lands not owned by the operator or owner of the nonhighway vehicle without a li…

(1) No person may operate a nonhighway vehicle in such a way as to endanger human life.(2) No person shall operate a nonhighway vehicle in such a way as to run down or harass any wildlife or animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any …

(1) A person who operates a wheeled all-terrain vehicle consistent with RCW 46.09.470(1) (g), (h), or (i) or inconsistent with the emergency exemption under RCW 46.09.420 is [commits] a traffic infraction.(2) Any law enforcement officer may issue a notice of traffic infraction fo…

(1) Except as provided in RCW 46.09.470(2) and 46.09.480 as now or hereafter amended, violation of the provisions of this chapter is a traffic infraction for which a penalty of not less than twenty-five dollars may be imposed.(2) In addition to the penalties provided in subsectio…

(1) It is a gross misdemeanor, punishable as provided under chapter 9A.20 RCW, for a resident, as identified in RCW 46.16A.140, to:(a) Knowingly fail to apply for a Washington state certificate of title for, or to knowingly fail to register, an off-road vehicle within fifteen day…

Motor vehicle fuel excise taxes paid on fuel used and purchased for providing the motive power for nonhighway vehicles shall not be refundable in accordance with the provisions of *RCW 82.36.280 as it now exists or is hereafter amended.[ 1977 ex.s. c 220 s 13; 1974 ex.s. c 144 s …

The nonhighway and off-road vehicle activities program account is created in the state treasury. Moneys in this account are subject to legislative appropriation. The recreation and conservation funding board shall administer the account for purposes specified in this chapter and …

(1) From time to time, but at least once each year, the state treasurer must refund from the motor vehicle fund one percent of the motor vehicle fuel tax revenues collected under chapter 82.38 RCW, based on: (a) A tax rate of: (i) Nineteen cents per gallon of motor vehicle fuel f…

(1) After deducting administrative expenses and the expense of any programs conducted under this chapter, the board shall, at least once each year, distribute the funds it receives under RCW 46.68.045 and 46.09.520 to state agencies, counties, municipalities, federal agencies, no…

(1) The multiuse roadway safety account is created in the motor vehicle fund. All receipts from vehicle license fees under RCW 46.17.350(1)(r) must be deposited into the account. Moneys in the account may be spent only after appropriation. Except as provided in (e) of this subsec…