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We paraphrase your questions as follows: (1) Are the provisions of chapter 46.61 RCW, relating to the operation of motor vehicles in this state, applicable on roads located in national forests which are maintained and controlled by the United States forest service (hereinafter referred to as forest service roads) including "special service roads," where such roads are not subject to conflicting federal regulations? § 212.7 (a)) as follows: Traffic on special service roads is subject to State traffic laws where applicable, except to the extent the Chief deems it necessary to prescribe rules in addition thereto or in conflict therewith to accomplish the purposes of these regulations, §§ 212.1 to 212.12, inclusive. 200.7." Your first question assumes the absence of any federal regulations pertaining to motor vehicle operations on the subject roads which would conflict with the "rules of the road" set forth in chapter 46.61 RCW if deemed to be applicable ‑ in the sense of permitting some act which is Orig. Did our state legislature, in enacting the rules governing the operation of motor vehicles which have been codified as chapter 46.61 RCW, intend that those rules would be applicable to forest service roads?(3) If question (2) is also answered affirmatively, may the United States forest service establish a lower maximum speed limit by a regulation which would have the force and effect of a state or local law? Consistent therewith, the Secretary of Agriculture (within whose department the United States forest service operates) has provided by regulation (36 C. Such rules shall be posted at the entrances to the roads and available to the public at the offices designated in 36 C. Chapter 46.61 RCW was enacted as chapter 155, Laws of 1965, Ex. It contains nearly a hundred separate sections prescribing the standards to be adhered to by persons driving motor vehicles in this state. Reproduction in whole or in part without permission is prohibited.For these reasons, we answer your first question, as paraphrased above, in the affirmative. § 212.7 (a) (2),, it follows in answer to your final question that such a board may, by virtue of a delegation of the state's retained jurisdiction over these roads, reduce the maximum speed limits thereon; and, of course, if this is done the lower speed limit will be enforceable locally in the same manner as any other county ordinance. As to many matters, both the federal government and the states may exercise concurrent powers and enact legislation concerning the same subject matter, in which case the action of the state is valid and operative in all respects in which there is no direct and positive conflict between the action of the sovereignties. "(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. "The Secretary of Agriculture is authorized to purchase, in the name of the United States, such lands as have been approved for purchase by the National Forest Reservation Commission at the price or prices fixed by said commission. "The Legislature of the State of Washington hereby consents to the acquisition by the United States by purchase or gift of such lands in the State of Washington as in the opinion of the government of the United States may be needed for the establishment, consolidation and extension of national forests in this state under the provisions of the act of Congress approved March 1, 1911, and entitled 'An act to enable any state to cooperate with any other state or states or with the United States for the protection of the watersheds of navigable streams and to appoint a commission for the [[Orig. Page 4 acquisition of lands for the purpose of conserving the navigability of navigable rivers,' as amended: with the United States in and over lands so acquired so far that civil processes in all cases, and such criminal processes as may issue under the authority of the State of Washington against any person charged with the commission of any crime without or within said jurisdiction, may be executed thereon in like manner as if this consent had not been granted: . We believe our analysis to this point amply demonstrates that these statutes apply on forest service roads, absent conflicting federal regulations, irrespective of whether or not they constitute "highways." However, the applicability of the Orig. Page 7 remainder of chapter 46.61 RCW to these roads depends upon a further determination of this issue; are forest service roads "highways" within the meaning of the chapter? Such a road, for purposes of state jurisdiction over licensing and loading, is a private road or way." We are not at all certain that this same conclusion would be reached today even if we were here dealing with the term Orig. Page 8 "public highway" as above formerly defined, rather than "highway" as defined in RCW , In so concluding we rejected the notion expounded in the earlier, 1945, opinion that a technical power of closure on the part of the owner of such areas as supermarket parking lots, etc., was sufficient to remove these areas from the scope of a "public highway" for the purposes of our motor vehicle code. use of existing roads and trails shall be permitted for all proper and lawful purposes, subject to compliance with rules and regulations governing the lands and the roads or trails to be used." ". The supremacy of the exercise of congressional power regarding a given subject matter effectively negatives the reserved power of the state with respect thereto, and state law even if based on the acknowledged police power of the state must always yield in case of conflict with the exercise by the federal government of any power it possesses under the law and Constitution or with any right which that instrument gives or secures.

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