WOHVA FEB Newsletter

Land issues, laws, restrictions, etc...

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dirk
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WOHVA FEB Newsletter

Postby dirk » Sun Feb 19, 2012 1:25 pm

Image

The WOHVA newsletter for February has been sent out...if you didn't get it, click on the link to see what you are missing!

WOHVA FEB Newsletter


Greetings from WOHVA!

The New Year is upon us and we hope everyone had a safe & happy holiday. At our Annual Membership meeting last November we heard loud and clear that our membership wants to hear more from us. We really appreciate those that attended and are acting on their feedback ... your participation is critical. Here's our first venture down the communication trail - please let us know how this works for you!

WOHVA in 2012

Looking forward to 2012 we'll continue to be very active in Olympia starting with Discover Pass improvements, land owner liability reform, street-legality regulations, and NOVA funds protection. Then there are several USFS forests in our state updating plans along with the DNR work at Reiter, Tahuya/Green Mountain, the Snoqualmie Corridor, and four additional locations. And finally we're also working to make our own shop as effective as possible ... starting with a new website, improvements in the Where To Ride website, and membership communications like this. As many of you already know, we're a 100% volunteer effort. It's not our long-term plan, but it IS our current reality. So please consider pitching in. Your volunteer contributions in time and funding help get the work done.

Olympia

A new year means another legislative session. Your WOHVA volunteers have been hard at work protecting your right to ride. We are constantly monitoring what is happening in Olympia and looking for opportunities to enhance & expand motorized recreation in Washington State.

Some things to watch out for this year:

• NOVA Funds – With this being another budget crisis year again, our NOVA funds are at risk again. If the Legislature does attempt to steal our money again it will be hidden deep in one of the budget bills and is likely not to be added until the last minute. They do that on purpose to make the move more difficult to fight, but we are watching closely.

• Discover Pass – So far 15 bills to modify the pass have been introduced, but at this time only two moved out of committee before their cutoff date. SB5977 and HB2373 are still in play. The key feature of both of these bills is two vehicle transferability, but they will likely continue to change by amendment up until one of them is passed into law.

• SB5366 – introduced last year and reintroduced in January 2012. It would allow limited ORV use on certain roads. Last year it was amended into an anti-ORV bill and we had to have it killed. This year the same thing happened, but we were able to get the anti-ORV criminal penalties removed by amendment before it was passed by the Senate. It has now been assigned to the House Transportation Committee. This bill still has flaws that concern us and we will be working to fix those. This will be challenging since the House Transportation Committee has some members that are less than ORV friendly.

• SB6080 (Landowner liability protection) - This bill would have helped protect landowners from getting sued if someone gets hurt on a hazard caused by road building or timber harvesting. While it wouldn't have caused gates to fly open, it is one piece of the puzzle leading to getting more access to private lands. This bill was written by WOHVA Political Action Committee staff and introduced at our request by Senator Haugen. Click HERE (15 min) to view the video of Tod Petersen's testimony in Olympia. Unfortunately the Washington Association for Justice strongly opposed the bill and they kept it blocked from even getting a committee vote. The Washington Association for Justice represents the trial lawyers and this was a reminder of just how powerful they are in Olympia.

• SB5845 – Another bill from last year that was reintroduced this year. Along with opening up certain roads, it would address many ORV issues including correcting the gas tax allocation formula. This bill was not allowed a hearing this year and will continue to be an issue to work next year.

Lawsuit Update

In early February, the Washington State Supreme Court has selected to hear our case against the State of Washington concerning the misappropriation of our Nonhighway and Offroad Activities (NOVA) Program fund in 2009. Although it will probably be a year before oral arguments are heard, there is already much work to do. Supreme Court cases are expensive adventures and WOHVA can definitely put donations to good use.

DOL Update

Last month (January) the Washington State Department of Licensing began sending out letters notifying some motorcycle owners that their registration was immediately revoked. The intention of the DOL was to target offroad motorcycles that in their eyes had been wrongly licensed in the past. While we strongly disagree with their policy, it is within their legal powers to do this. Where the DOL went doubly wrong was when they hired an outside consultant to create a list of what they thought were offroad motorcycles. The result was a list that included many factory dual sport street legal motorcycles. WOHVA joined forces with the Northwest Motorcycle Association (NMA), the American Motorcyclist Association (AMA), the Motorcycle Industry Council (MIC), and others in an effort to get this action by the DOL reversed. To that end, we succeeded and letters are being sent out to owners of motorcycles that had their registrations wrongly revoked notifying them that their registration has been restored. More information can be found on the DOL blog.

********************************************************************

WOHVA IS ON FACEBOOK - Please visit & "like" our new WOHVA facebook page and encourage all of your PRO OHV friends to do the same.

WOHVA AT YOUR GROUP – Interested in having a WOHVA representative attend one of your club or business meetings? Or maybe you have a ride or event coming up? Send an e-mail to info@WOHVA.org Please include date, location, and a point of contact!

MAILING LIST – To get on our mailing list, join WOHVA at www.WOHVA.org or join a WOHVA member club or organization.

WHERE TO RIDE – Looking for new places to ride in Washington State? Check out our WOHVA Where To Ride website for the latest info on areas, roads, trails, or MX Parks near you!

Got CLOUT? – Email clout@getclout.org for more information on how to have a direct impact on events in Olympia.

WOHVA IS YOU – VOLUNTEERS NEEDED – See something here that interests you? Did we strike a resonant chord? WOHVA is 100% volunteer and your efforts make a big difference. Please send an e-mail to info@WOHVA.org to let us know how you’d like to help.

Thank you,
YOUR WOHVA BOARD



8)
Bryan Peterson
WOHVA President

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

SB5366 update

Postby dirk » Wed Feb 22, 2012 9:19 pm

Your quick response to WOHVA and CLOUT alerts has made a difference & Olympia has heard your voice!

Yesterday, the members of the Legislature reached out to WOHVA to find a way to save SB5366. A meeting was held today in Olympia and significant changes to SB5366 were discussed.

If those PRO-OHV changes are ALL incorporated, then SB5366 may become a bill worthy of support by the entire OHV community. If not, it is still an anti-OHV bill that needs to be put down. We expect to find out more tomorrow, when the amendment language is provided to us.
Bryan Peterson
WOHVA President

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

Postby dirk » Mon Feb 27, 2012 2:59 pm

On FRI 02/24, the House Transportation Committee passed 5366 with the Shea striker amendment...click on the following links to watch video of the committee hearing:

5366 bill reading 00:40:40 - 00:52:45

5366 testimony 02:00:05 - 02:31:20

5366 committee vote 02:54:45 - 03:03:19

Click HERE for a complete 5366 bill info/history

WOHVA still has a few concerns that need to be addressed.
Bryan Peterson
WOHVA President

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

Postby dirk » Wed Feb 29, 2012 10:00 pm

WOHVA is interested in how you feel about SB5366 as it is currently written!
  • Support
  • Oppose
  • Not Sure

Please visit the WOHVA facebook page & vote in our poll.

Details on SB5366 can be found HERE.

8)
Bryan Peterson
WOHVA President

User avatar
Grumpy
Peak Putters' Land-Use Coordinator
Peak Putters' Land-Use Coordinator
Posts: 6049
Joined: Wed Mar 14, 2007 8:38 am
Location: Kennewick, WA

Postby Grumpy » Thu Mar 01, 2012 5:07 am

WOHVA SB 5366 White Paper as of 2/27/12

Effects of SB 5366 as passed by the
House Transportation Committee 2/24/12




Download a PDF copy from this link



Useful links:

Latest version of SB5366

SB5366 bill info web page



* * * * * Changes affecting all WA OHV users -

Enacts a Closed Unless Specifically Designated Open policy which will immediately close all of the already inventoried OHV trails under consideration for designation by various public land managers that have not yet been designated and immediately subject users of those secondary trails to a fine of up to $500, e.g., trails on DNR Lands that have existed for many years and are neither signed open nor closed; similar situations exist with many power line right of ways, etc. in WA State when this law goes into effect.

Will require a law enforcement officer to initiate an investigation for the purpose of issuing an infraction citation with a up to a $500 fine without Law Enforcement witnessing the purported violation. State Law currently requires a Law Enforcement Officer (LEO) to personally witness Infractions, e.g., LEO cannot issue a citation because someone said you were speeding, as you are guilty until proven innocent once an infraction citation is issued, i.e., in court the burden of proof is on you to prove you are innocent by a preponderance of the evidence instead of the court having to prove you are guilty by a preponderance of the evidence.

Allows NOVA motorized funding to be used in areas where OHV use is not the primary use. To date non-motorized funding has to be used in those areas if NOVA funds are desired. It may be important to recognize that the motorized users are now the minority group on the NOVA Advisory Committee and have been for some time.

Will require all ORV operators under 16 years of age to remain within 300 feet of a licensed adult supervising their operation when crossing/riding on a city/county/state highway/nonhighway road or primitive road.

The definition of "Four-wheel all-terrain vehicle" (ATV) is currently in error as it does not require four wheels and therefore (inadvertently?) includes motorcycles in the current definition. With this definition of ATV the only vehicles allowed under the Hinkle Bill (section 6) would effectively be UTVs. All ATVs (per section 2) would now have to have the street licensing to use roads.

Additional Changes in the works for ALL ATV Owners!

A review of the public hearing in the House Transportation Committee on 2/24/2012 reveals that the anti-access supporters of this bill expect it to require every ATV owner to purchase a license plate regardless of whether or not the owner wants to operate it on road.

The anti-access people testifying for this bill want to be able to take a picture of any ATV and be able to identify it to press law enforcement to issue citations.

Representative Shea who submitted the current language answered the anti-access supporter's question as to whether or not all ATVs would have to have a license plate by stating that all ATVs will have one of these license plates. We suspect more changes are in the works to require this with the addition of an on-road sticker for those going through the process to obtain one as the current language does not do that.

NEW ATV ONLY specific regulations

NOTE – These regulations EXCLUDE non-street legal dirt bikes, non-street legal 4WDs, side-by-sides and any other type of non-street legal OHV.

Will require all ATV owners wanting to use roads to purchase a license plate.

Will require ATV owners to purchase an ORV tag in addition to their new road use license for off road use of that vehicle.

Will require all ATV operators to wear a helmet during operation on public or nonhighway roads except those open to all ORV use.

Will require ATV operators taking advantage of the license plate provision for road use to be "insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW" and have "a valid driver's license." But will not require insurance for nonhighway or off road use of ATVs.

Will require all ATV operators to have a windshield or wear eye protection for operation on nonhighway roads.

Will require ATV owners to add additional equipment to their ATVs in order to qualify them for the "on-road" license plate.

Will require ATV owners or a licensed ATV shop to sign a Statement of Compliance under oath with gross misdemeanor penalties (which allow up to an $11,000 fine and jail time) for misrepresentation of ATV compliance in order to obtain the "on-road" license plate.

Will allow kids to ride their ATV's to school (per public hearing testimony from the WSP) or adults to ride them into town for shopping trips by default unless local government jurisdictions specifically take action to close roads to their use, as long as they and their ATV complies with the new rules.

Will not force the USFS to open any forest roads to ATV or ORV use as the State has no jurisdiction over land manager decisions regarding use of those roads.

May convince some USFS land managers to allow ATVs to use their roads with their new street license but those same land managers could allow OHVs to use them now without these additions if they wanted to do so.

Will not allow ATVs with the new license plate to cross public highways with speed limits in excess of 35 MPH from a trail unless the trail is an official ORV trail with a speed limit of under 35 MPH.

Will establish a new pool of funds from the ATV license plate sales that will be administered by the WA State DOT to be used for studies to approve or ban ATV use, provide signage where OHVs are prohibited on roads, provide signage denoting designation for OHV use, etc.

Will allow persons under 16 years of age to operate an off road vehicle across a highway in this state, on a non-highway road designated for ORV use, or on a primitive road under the direct supervision of a person 18 years of age or older possession a valid driver's license.

ATVs will not be allowed on most State Highways unless within City limits where the speed limit is 35 MPH or less and

Opens all roads to ATVs in cities with a population of less than 15,000 by default except State Highways with speed limits over 35 MPH unless that city designates some or all of their roadways to be unsuitable for ATV use.

City's with a population of 15,000 or more may by ordinance approve ATV use on city roadways.
Dave
Have Scout, will wheel...Someday...Maybe


Quote:
Originally Posted by Oregon80
-By driving a Scout, you my friend have recycled, which is more than those pansy Prius owners can say.
-I love driving a piece of history that was nearly lost.

User avatar
Grumpy
Peak Putters' Land-Use Coordinator
Peak Putters' Land-Use Coordinator
Posts: 6049
Joined: Wed Mar 14, 2007 8:38 am
Location: Kennewick, WA

Postby Grumpy » Thu Mar 01, 2012 5:35 am

Please note the comments regarding NOVA :x
Dave

Have Scout, will wheel...Someday...Maybe





Quote:

Originally Posted by Oregon80

-By driving a Scout, you my friend have recycled, which is more than those pansy Prius owners can say.

-I love driving a piece of history that was nearly lost.

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

Postby dirk » Thu Mar 01, 2012 6:56 pm

If you oppose 5366 as currently written, then do this now...not tomorrow...asap!

[quote]You have done a great job the last couple of days with your messages to STOP SB5366. This bill is attempting to get something for one group of OHV users at the expense of other OHV users, an action that WOHVA cannot support as it is NOT good for ALL OHV users.

Your Legislators are taking a break as this alert is going out and will be watching their email closely until they reconvene on the Floor later this evening. Please contact them once more DURING THIS BREAK and send them the simple message below. It is vital that you make your voice heard on this important issue WITHIN MINUTES OF RECEIVING THIS ALERT!

Do NOT use regular Internet email as that is very unlikely to get to your legislator in time. Use this link:

http://apps.leg.wa.gov/DistrictFinder/Default.aspx

Enter your voting address into the form on that site and be sure the Legislative Box is checked. A map with your personal legislators will appear on the screen. Please click on one of your Representatives. Next CLICK on the green colored "E-mail" hot link right below your legislator's phone numbers on the web page. {DO} check the box sending this to ALL of your personal legislators. Enter the 4 digit Bill # {5366} in the box provided on the linked site and check the {AGAINST} box. Enter {Against 2SSB5366} in the Message Subject box just above where you enter your detailed message

SIMPLE MESSAGE TO SEND NOW! (You can just copy and paste it into the form on the hot linked site)

Please take a look at the Pro and Con facts about what this piece of legislation does and does not do, by reading the quick summary using this link:

http://www.wohva.org/content.aspx?page_ ... _id=111263

I also understand that amendments not yet published for review are waiting in the wings to be brought up on the Floor. IN SHORT - I do NOT want this Bill passed “in order to find out what is in itâ€
Bryan Peterson
WOHVA President

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

Postby dirk » Thu Mar 01, 2012 7:40 pm

This bill started out as a way to allow ATV's on roads, but after several amendments were introduced...it now affects ALL OHV users!

Be sure to read the details on WOHVA.org

WOHVA 5366 White Paper
Bryan Peterson
WOHVA President

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

5366 update!!!

Postby dirk » Fri Mar 02, 2012 3:34 pm

Your legislators have HEARD YOU loud and clear and have CHANGED 5366 as a result.

5366-S2.E AMH SHEA H4588.1 that was released a few minutes ago has enough changes that WOHVA is withdrawing opposition to this Bill.

Changes include:

  • Removes the "closed unless posted open" language
  • Law enforcement will now have the flexibility to issue a citation...no longer required (sec 16)
  • Users under 16 years of age will no longer be required to stay within 300 feet of a licensed adult on primitive roads (trails)
  • The definition of "four wheeled vehicle" was further defined...not a motorcycle and now includes both ATV & UTV's (per Idaho definition)
  • ATV & UTV are exempt from the Discover Pass
  • The required "license plate" will be a small metal tag


It is AGAIN vital that you make your voice heard on this important issue WITHIN MINUTES OF RECEIVING THIS ALERT!

Do NOT use regular Internet email as that is very unlikely to get to your legislator in time.

Using this link:

http://apps.leg.wa.gov/DistrictFinder/Default.aspx

Enter your voting address into the form on that site and be sure the Legislative Box is Checked.

A map with your personal legislators will appear on the screen. Please click on one of your Representatives.

Next CLICK on the green colored "E-mail" hot link right below your legislator's phone numbers on the web page..

{DO} check the box sending this to ALL of your personal legislators.

Enter the 4 digit Bill # {5366} in the box provided on the linked site and leave the {FOR/AGAINST} box EMPTY.

Enter {Not Opposing 5366-S2.E AMH SHEA H4588.1} in the Message Subject: box just above where you enter your detailed message

SIMPLE MESSAGE TO SEND NOW! {You can just copy and paste it into the form on the hot linked site:}




WOHVA and I are NOT opposing 5366-S2.E AMH SHEA H4588.1 as released for review today.
Bryan Peterson
WOHVA President

User avatar
Grumpy
Peak Putters' Land-Use Coordinator
Peak Putters' Land-Use Coordinator
Posts: 6049
Joined: Wed Mar 14, 2007 8:38 am
Location: Kennewick, WA

Postby Grumpy » Fri Mar 02, 2012 5:40 pm

:D
Dave

Have Scout, will wheel...Someday...Maybe





Quote:

Originally Posted by Oregon80

-By driving a Scout, you my friend have recycled, which is more than those pansy Prius owners can say.

-I love driving a piece of history that was nearly lost.

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

SB5366 update!!!!!!!!!!!!!!!!!!!!!!!!

Postby dirk » Sat Mar 03, 2012 2:12 pm

The latest update on SB5366...

Thank you so much for your quick responses to the prior CLOUT Alerts! It was very important that all legislators were kept informed as things changed in Olympia over the past couple of days.

Many of you have asked to be informed of exactly what has changed since the 2/27/12 WOHVA White Paper was published.

Please Note SB 5366 has NOT YET BEEN AMENDED so the 2/27/12 WOHVA White Paper still reflects the Bill language now in existence as passed out of the House Transportation Committee.

We do hope that ALL ATV and Side-by-Side USERS REALIZE this bill will impact them WHETHER OR NOT THEY WANT TO USE ROADS as it requires all recreational ATVs to be registered and to purchase a license plate for $30/yr plus all the usual local and other fees added to license plates in addition to their $18/yr ORV Stickers, unless they are going to use their ATV only on private land. WOHVA is not objecting to this as the WOHVA representatives from the ATV community are currently supporting these additional fees for ATV and Side-by-Side users. You can make your preferences known to WOHVA by using the Contact Us feature on the www.wohva.org website.

The primary thing changing is removal of the state wide Closed Unless Designated Open law that will change IF 5366 E 2S SB AMH TR H4368.6 is heard and adopted.

Please remember that an Amendment 5366 E 2S SB AMH TR H4368.6 has been written but NOT YET HEARD OR ADOPTED. WOHVA has conditionally withdrawn opposition to SB 5366 IF it is amended to 5366 E 2S SB AMH TR H4368.6 and therefore still opposes the existing language passed by the House Transportation Committee.

That is why the suggested message to legislators in the most recent CLOUT Alert was "WOHVA and I are NOT opposing 5366-S2.E AMH SHEA H4588.1 as released for review today."

That message informed your legislators that WOHVA opposes the language currently in SB 5366 but WOHVA will withdraw opposition if 5366-S2.E AMH SHEA H4588.1 (now 5366 E 2S SB AMH TR H4368.6 due to some additional edits) is adopted.

NOTE - Under the bill passed by the House Transportation Committee, the legislature’s own website interprets and confirms that WOHVA was correctly interpreting Section 16. "Section 16 adds a new section to chapter 46.09 RCW which provides that a person may not operate a non-highway vehicle on public lands unless the area is designated as open for such use. A violation is a traffic infraction." i.e. it would implement a state-wide CLOSED Unless specifically Designated Open Policy.

With Amendment 5366 E 2S SB AMH TR H4368.6 the legislative staff's interpretation has changed to "Limits operation of non-highway vehicles on public lands to operation consistent with local land management requirements and to roads, trails, and designated areas."

WORDS DO MATTER!

Thanks again for your quick responses to the CLOUT Alerts!

The WOHVA 2/27/12 White Paper explaining the key points of the existing Bill language (NOT YET AMENDED) is at:

http://www.wohva.org/content.aspx?page_ ... _id=111263

You can read the details of this Bill using the hotlink below to access ALL the detailed information about this legislation online at:

http://apps.leg.wa.gov/billinfo/summary ... &year=2011
Bryan Peterson
WOHVA President

dirk
Posts: 44
Joined: Sun Jan 17, 2010 8:41 pm
Location: Wetside, WA

Postby dirk » Wed Mar 07, 2012 12:37 pm

There is still a chance it could come back up for a vote...

Upthegrove's amendment to HB2190 was adopted and HB2190 was passed by the House.
HB2190 now moves to the Senate. While it is not cast in stone by final passage, the adoption of this amendment facilitates bringing SB5366 back to the House floor.

To be acceptable, SB5366 still needs the most recent striker amendment adopted.
Bryan Peterson
WOHVA President


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