My experience getting ORV Tabs and Plates

[Travis1]

Except the law doesn't say that.:;

Their FAQ does:

Off-Road Vehicle (ORVs): If your ORV is required to display an ORV tab, you do not need a Discover Pass for that vehicle. Generally, ORVs are non-street-legal vehicles. You will need a Discover Pass for the street-legal vehicle that transports your ORV to a state recreation site. The trailer does not require a pass. Street-licensed vehicles, such as dual-sport motorcycles or four-wheel-drive vehicles, will be required to display a pass.

A street licensed vehicle isn't REQUIRED to display an ORV tab.
A street licensed dual sport or 4WD is required to display a discover pass.

I see dual tagging a vehicle as a grey area that will be interesting to see if it gets tested by LEOs.

You know the RCW or WAC off hand? I went looking for a couple minutes and couldn't find it.

 

[whatthe?]

Look up SB 5622. Then you have to chase a bunch of RCW's that define OHV, motor vehicle, what registration is required, blah, blah.

Maybe the disco funds could go toward DOH inspection crews at entry points to determine what category your vehicle falls into and then what pass/tags are needed.

 

[Binder]

I agree that the FAQ is misleading but the law says otherwise.
http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session Law 2011/5622-S2.SL.pdf

I don't think that ORV's in general are exempt the way the laws are written but the state agencies have told us they will honor ORV tags. I wouldn't be suprised if they change this point of view in the future.

 

[mark]

I agree that the FAQ is misleading but the law says otherwise.
http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session Law 2011/5622-S2.SL.pdf

I don't think that ORV's in general are exempt the way the laws are written but the state agencies have told us they will honor ORV tags. I wouldn't be suprised if they change this point of view in the future.

Ok, I read that, and maybe I just missed it (I will admit, I started doing more of a skim about 1/2 way through, my head started to hurt ).

Where does it say ORV's (or more correctly, ORV tabbed vehicles) are exsempt.




not trying to stir the pot (you know me better than that rick), just trying to be informed and asking questions when I don't find what I'm looking for.


edit, I see you added more comentary... we'll see how this all pans out.

 

[Binder]

Where does it say ORV's (or more correctly, ORV tabbed vehicles) are exsempt.

not trying to stir the pot (you know me better than that rick), just trying to be informed and asking questions when I don't find what I'm looking for.

It's on page 3, line 29 which leads you to RCW 46.16A-80 The exemption in question is this one.

Off-road vehicles operated on a street, road, or highway as authorized under RCW 46.09.360, or nonhighway roads under RCW 46.09.450;

 

[whatthe?]

To play devils advocate. The law states any motor vehicle on state land has to display a DP. Motor vehicles include those vehicle except the ones exempt from registration. By having a plate with tabs, your vehicle is not exempt from registration, its registered. Your vehicle met the criteria for a DP, OHV tabs could not matter. A LEO could ticket you and let you fight it out in court.

 

[pokey]

To play devils advocate. The law states any motor vehicle on state land has to display a DP. Motor vehicles include those vehicle except the ones exempt from registration. By having a plate with tabs, your vehicle is not exempt from registration, its registered. Your vehicle met the criteria for a DP, OHV tabs could not matter. A LEO could ticket you and let you fight it out in court.

collector plates and horseless carrige plates dont have tabs. even still I plan just removing the plate and sport the ORV tabs. At least the money goes where it should.

 

[Binder]

To play devils advocate. The law states any motor vehicle on state land has to display a DP. Motor vehicles include those vehicle except the ones exempt from registration. By having a plate with tabs, your vehicle is not exempt from registration, its registered. Your vehicle met the criteria for a DP, OHV tabs could not matter. A LEO could ticket you and let you fight it out in court.

Where does it say this? Did I miss it?

...and go one more step and 99% of ORV's don't meet the exemption either. This all goes back to the state telling us they will honor ORV tags. This only goes as far as the state not changing their mind.

 

[Binder]

even still I plan just removing the plate and sport the ORV tabs. At least the money goes where it should.

I agree, use the ORV tags as long as they are accepted but I don't see the point of removing the collector plate. Why take it off?

 

[pokey]

I agree, use the ORV tags as long as they are accepted but I don't see the point of removing the collector plate. Why take it off?

Saves even having to have a "discussion" with a leo as to if its street legal or just a ORV.

 

[Binder]

Saves even having to have a "discussion" with a leo as to if its street legal or just a ORV.

I see what you're saying but if you're on a trail why would you need to be street legal?
Whatever, it's your deal but I wouldn't worry about that.:cheer:

 

[whatthe?]

Where does it say this? Did I miss it?

...and go one more step and 99% of ORV's don't meet the exemption either. This all goes back to the state telling us they will honor ORV tags. This only goes as far as the state not changing their mind.

It states you have to display a DP in a motor vehicle in the law (Sec 3 of the bill). Then you have to look at the definition of a motor vehicle and registration. So a LEO could ignore your OHV tags and state that your rig is a registered vehicle (plated) which is not exempt from the DP and let you fight it in court (on your dime). Remember, I'm totally against the DP, seasonal closures and how the FS, DNR, DFW operate which means I don't trust them. This is why I can see how they would write the ticket and let you fight it in court.

 

[84Toyota4x4]

A street licensed vehicle isn't REQUIRED to display an ORV tab.

True. But I could argue anything with an ORV "plate" is in fact required to display ORV tabs, which would fit the exemption.

Personally, I think it all comes down to this; the courts need to decide.

Granted, having more clear wording on the issue would be excellent, but in my experience in law enforcement and citing infractions, it all comes down to the interpretation of the officer.

If s/he thinks the law means one thing and thinks you are in violation and you dont, s/he is only doing their job to enforce it. Its your right to take that to court and plea your case. The side of the road (or the side of the trail) is NOT the place to argue your case to an extreme. Politely inquiring or "pointing out" the ORV registration might be a good idea if it appears its slipped their radar, but if it doesnt go your way, dont push it too much of course.

I'm interested to see how things work out in this regard.

~T.J.

 

[Binder]

It states you have to display a DP in a motor vehicle in the law (Sec 3 of the bill). Then you have to look at the definition of a motor vehicle and registration. So a LEO could ignore your OHV tags and state that your rig is a registered vehicle (plated) which is not exempt from the DP and let you fight it in court (on your dime).

I don't agree but hey whatever. It is true that a LEO can write you a ticket basically whenever they want even if they know they are wrong then it's up to you to fight it.

 

[Travis1]

It states you have to display a DP in a motor vehicle in the law (Sec 3 of the bill). Then you have to look at the definition of a motor vehicle and registration. So a LEO could ignore your OHV tags and state that your rig is a registered vehicle (plated) which is not exempt from the DP and let you fight it in court (on your dime). Remember, I'm totally against the DP, seasonal closures and how the FS, DNR, DFW operate which means I don't trust them. This is why I can see how they would write the ticket and let you fight it in court.

Exactly, as written, having an ORV tab on a street registered vehicle doesn't cleanly exempt your from the DP. There is no case law as of yet that I have heard of to set any precedence in either direction

So, lets say you get that ticket and fight it in the lower level court. 9 times out of 10, if there's a gray area, they seem to decide on the side of more revenue while reducing the fine. To get a not guilty plea you are going to almost be guaranteed a minimum of one appeal.

Now, if you've got the spare time and money to fight this battle on principle, go for it. But most people can't won't go there because it financially doesn't make sense to do it.

 

[Travis1]

I see what you're saying but if you're on a trail why would you need to be street legal?
Whatever, it's your deal but I wouldn't worry about that.:cheer:

On a trail, it would be a non issue.

But many trails out there cross forest service roads that prohibit ORVs. Lets say you cross that road or drive down it for really short bit to reach the connector trail and a LEO decides to pull you over for driving an ORV on the road.

Ready to defend yourself you flip your plate over and show that you have registered it for street use. Oops, violation of RCW 46.16.240, and maybe get hit by the lack of DP ticket as well.

But since your ORV sticker is no longer visible, you could also get nailed by WAC 308-94a-025, which might be a $134 fine. (Can't recall for sure on that one.)


Why do I point this out? I went hunting for the legal lupus escape for the DP since I have FOUR vehicles that will need it. I couldn't find one that would ensure that I wouldn't get shanked by another law.

 

[The_Shocker]

On a trail, it would be a non issue.

But many trails out there cross forest service roads that prohibit ORVs. Lets say you cross that road or drive down it for really short bit to reach the connector trail and a LEO decides to pull you over for driving an ORV on the road.

Ready to defend yourself you flip your plate over and show that you have registered it for street use. Oops, violation of RCW 46.16.240, and maybe get hit by the lack of DP ticket as well.

But since your ORV sticker is no longer visible, you could also get nailed by WAC 308-94a-025, which might be a $134 fine. (Can't recall for sure on that one.)


Why do I point this out? I went hunting for the legal lupus escape for the DP since I have FOUR vehicles that will need it. I couldn't find one that would ensure that I wouldn't get shanked by another law.

But you wont get a DP violation because you are on a FS road.

 

[Travis1]

But you wont get a DP violation because you are on a FS road.

Sorry, when I say forest service road, I use it as a generic term, not necessarily national forest. I'll call a gravel road on DNR land a forest service road.

 

[kev1]

the sad part is the leo's ive talked with have the same opinions and questions you guys have about the disco pass. i was flat told by two different leos my dual sport bike does not need a discovery, which i find hard to believe. and my 76 cj does have a collectors plate.

 

[CHOP SHOP]

You guys dont fawkin wheel anyways.

Why do you guys lose so much sleep worrying about crap that just doesnt matter anyways.