46.09.450 - Authorized and prohibited uses.

Authorized and prohibited uses. (Effective July 1, 2011.)

(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 nonhighway road authorizes the use of off-road vehicles; and

     (b) A street, road, or highway as authorized under RCW 46.09.360.

     (2) Operations of an off-road vehicle on a nonhighway road, or on a street, road, or highway as authorized under RCW 46.09.360, under this section is exempt from registration requirements of *chapter 46.16 RCW and vehicle lighting and equipment requirements of chapter 46.37 RCW.

     (3) It is unlawful to operate an off-road vehicle upon a private nonhighway road if the road owner has not authorized the use of off-road vehicles.

     (4) Nothing in this section authorizes trespass on private property.

     (5) The provisions of RCW 4.24.210(5) shall apply to public landowners who allow members of the public to use public facilities accessed by a highway, street, or nonhighway road for recreational off-road vehicle use.

[2010 c 161 § 221; 2006 c 212 § 2; 2005 c 213 § 4. Formerly RCW 46.09.115.]

Notes: *Reviser's note: Although directed to be recodified within chapter 46.16 RCW pursuant to chapter 161, Laws of 2010, a majority of chapter 46.16 RCW was recodified under chapter 46.16A RCW pursuant to RCW 1.08.015 (2)(k) and (3).

Effective date -- Intent -- Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session -- 2010 c 161: See notes following RCW 46.04.013.

Findings--Construction--Effective date -- 2005 c 213: See notes following RCW 46.09.300.