More about off/on road motorcycles


Downloadable off road motorcycle info sheet.

Here are photo illustrations of street-legal  and non-street-legal motorcycles, and examples of accompanying documentation that comes from manufacturers. While the photographs are KTM brand motorcycles, there are a variety of manufacturers of both street legal, non-street legal and “dual sport” motorcycles – these two motorcycles are used only as examples, and this information specifically applies to Washington state.

Motorcycles (all vehicles, for that matter) are determined to be road-worthy depending on a long list of items – everything from the construction of the gas tank, to the brakes, mirrors and emission standards. Except for the emission standards, these criteria are a part of the Federal Motor Vehicle Safety Standards, which Washington state has adopted. If a vehicle is not road-worthy, Washington Administrative Code requires that it must be noted on the vehicle’s Certificate of Origin. Some manufacturers are out of compliance with this requirement, and DOL continues work to ensure manufacturers are compliant. You can see two examples below.

Street legal KTM 690 Enduro 

Street-legal KTM 690 Enduro

 

Non Washington state street-legal KTM 300 XC 

 

Certificate of Origin for a Honda non-street legal motorcycle. Note required statement.

Certificate for non-street legal 300XC motorcycle without required statement.

2 Responses to More about off/on road motorcycles

  1. Mark Bezinque says:

    This is another example of DOL FALSE statements.
    DOL: “Motorcycles (all vehicles, for that matter) are determined to be road-worthy depending on a long list of items – everything from the construction of the gas tank (Note: Plastic tanks ARE EXCEPTABLE for manufactures), to the brakes, mirrors and emission standards. Except for the emission standards, these criteria are a part of the Federal Motor Vehicle Safety Standards, which Washington state has adopted.”

    My statement: The Federal Motor Vehicle Safety Standards was not adopted in WA until 2008.
    The DOL still attempts to shove that sneaky 2008 adoption down our throats on Motorcycles that met WA Law before 2008.
    ALSO:
    The FMVSS is a guide-line for a manufacture to sell in the USA, and it is also a guide-line for a STATE to not EXCEED when the State writes it’s own requirements for Street Legal Use. (you can read the RCWs posted on the main Blog)

    DOL: “If a vehicle is not road-worthy, Washington Administrative Code requires that it must be noted on the vehicle’s Certificate of Origin.”

    My Statement: Then and today this is a full-blown DOL LIE.
    There is NOT a WAC that requires… “that it must be noted on the vehicle’s Certificate of Origin.”
    The DOL statement was LIE then… and continues to be a LIE today. (ref Failure of SB 5027)

    DOL: “Some manufacturers are out of compliance with this requirement, and DOL continues work to ensure manufacturers are compliant. You can see two examples below.”

    My Statement: The DOL attempted to create SB 5027 to require manufacturers to meet a WA Law during regular session 2011.
    This WA (only… not Fed or any other State) Law attempt FAILED.

    If you investigating this subject… please turn your attention to main Blog (with over 175 posts) by searching for OFFROAD in the search box (above right)

    Thanks,
    Mark Bezinque

    • Mark Bezinque says:

      Let me re-state my comment above:
      There was a NON-EFFECTIVE WAC that required SB 5027 to PASS (which it did not) in order for the State of WA to require Manufactures to follow the WAC.
      Appears to me WAC 308-56A-110… (f) will need to be revised since SB 5027 FAILED.

      Washington Administrative Code (WAC)—Also known as “rules” or “administrative rules.”
      AGENCY RULES are designed to HELP the public comply with STATE LAWS, processes, and other requirements.

      Law — A statement by the legislature or the courts that MUST be obeyed and followed by citizens.
      The laws of Washington State are contained in the Revised Code of Washington (RCW).

      What is the difference between a WAC and an RCW?

      RCW are statutes, passed by the state legislature or by vote of the people. (legislative branch)

      WAC are administrative regulations, or rules, adopted by state agencies. (executive branch)

      RCWs can affect the entire population, or just a group.

      WACs govern the STATE AGENCY.

      It appears to me a WAC has no teeth without an RCW to back it UP!

      Reference WAC 308-56A-110… (f) An indication that the vehicle was not manufactured for road use, if applicable; and…

      Is WAC 308-56A-110 (f) an example of the DOL writing rules that DID NOT have backup?

      Was SB 5027 an ATTEMPT to create an RCW to backup WAC 308-56A-110 (f)?

      Was the FAILURE of SB 5027 an example of WA State attempting to exceed Federal Law?

      DOL Statement: “In our state, a manufacturer must certify on the MSO that a motorcycle was not designed and manufactured for street use.”

      Also: DOL Answer: Federal law does not regulate off-road vehicles, therefore there is no requirement for the manufacturer to indicate off-road only on the MSO. However, we have been working with KTM for some time to get the proper notation on the MSO’s.

      Blog: How can this be based on “Federal Law” when your replay to Mr. Bezinque clearly states that “Federal Law does not regulate off-road vehicles”, then what gives you the right to.
      (never answered by the WA DOL)

      Another DOL Statement: Mr. Bezinque,
      We always do our best meet our stated goals for making new administrative rules to guide our operations. The actions DOL is taking to correctly classify off-road motorcyles is not based on changes made through DOL’s rule making processes. These actions are based on existing state and federal rules and laws, as noted above.

      Thank you,
      Mark Bezinque

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