DaleEO said:
CodeMonkey said:
WA state is going through that now and some people are getting a rude awakening.
You guys in Washington State need to get a class action law suit going against your states DMV for the pre existing bikes that are licensed.
If your DMV previously licensed those bikes, and are now trying to make that law "post de facto" or retro active for our non latin speaking friends, then they are going to have a problem. Even though states rights has it's merits, it explicitly states in the United States constitution that no state make make laws that are "post de facto". Any such laws are null and void. The bikes that are currently street legal must be grand fathered in, and these new laws can only be made to affect "new" licensing.
No. The problem is that they are plating bikes that *ARE NOT* street legal - but they don't know it. When they find out, then they say 'oops - this bike was mistakenly given a plate' and pull the plate. The plates are given out without the bike being inspected - except in some cases when it comes from another state. So, they have a reasonable excuse. The owner whines but most owners know or suspect their bike is/was not street legal.
First, the RCW (WA state law) has a clause about 'off-road vehicles' including motorcycles. It does not define what 'off-road' in a way that you could say 'this is off-road' or 'that isn't off-road'. Most laws are written that way so that they are flexible.
Along comes DOL (Dept. of Licensing). They have the authority according to law, and mandate to decide, what is street legal and what isn't. That is how laws work - the law is written, an agency is given the authority and mandate to enforce the law, and the agency makes its rules/regs/policy which have the authority of law - but those rules/regs/policies don't have to be voted on; they just have to publish them with a waiting period.
Over the last 15 years they have gradually gotten stricter about 'dirt bikes'. Around '99 to 2002 they started saying no more 'dual sport conversions' of off-road motorcycles. Since then they have slightly changed their rules. The latest rule I can find in the WA state register says that if the MSO/title has anything about 'off-road only' on it, then no plate - otherwise you can get a plate. The dealers of euro bikes have been exploiting this because many euro dirt bikes don't have that wording in the MSO for WA state (I have heard it is there for some other states - so apparently KTM makes different MSOs for different states).
So, the state is well within its rights - it has a law that says 'off-road only' vehicles don't get plates. It has given the DOL the authority to decide which motorcycles are 'off-road only', and the DOL has a reasonable rule in that regard. The problem is that the DOL is in the process of tightening up the rules. The rumor is that they have asked KTM for VINs of bikes that are 'off-road only'. My suspicion is that they are doing this because they don't want to incur the cost of an in person inspection of the VIN sticker - which is one reason they stopped the 'dual sport conversions' which required an inspection.
In the future, I expect that WA state will say that all motorcycles manufactured after 1978 to 1982 (when they started the EPA/FMVSS cert program) must be have an EPA/FMVSS cert. You are safe if your bike has that cert - in all 49/50 states - it is federal law. Don't have the cert? Too bad - so sad - you are at risk. Simple as that.
Take a look at the wording on the VIN sticker on a '09 Husaberg - you will see what I mean.