H-3246              _______________________________________________

                                                   HOUSE BILL NO. 1360

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Haugen and Zellinsky

Prefiled with Chief Clerk 1/9/86.  Read first time 1/13/86 and referred to Committee on Transportation.

AN ACT Relating to motor freight carriers; amending RCW 81.80.020, 81.80.290, and 81.80.330; and repealing RCW 81.80.211.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 81.80.020, chapter 14, Laws of 1961 and RCW 81.80.020 are each amended to read as follows:

          The business of operating as a motor carrier of freight for compensation along the highways of this state is declared to be a business affected with a public interest.  The rapid increase of motor carrier freight traffic and the fact that under the existing law many motor trucks are not effectively regulated ((have increased the dangers and hazards on public highways and)) make it imperative that more complete regulation should be employed to the end ((that the highways may be rendered safer for the use of the general public;)) that the wear of such highways may be reduced; that congestion on highways may be minimized; that the shippers of the state may be provided with a stabilized service and rate structure; that sound economic conditions in such transportation and among such carriers may be fostered in the public interest; that adequate, economical, and efficient service by motor carriers, and reasonable charges therefor, without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices may be promoted; that the common carriage of commodities by motor carrier may be preserved in the public interest; that the relations between, and transportation by and regulation of, motor carriers and other carriers may be improved and coordinated so that the highways of the state of Washington may be properly developed and preserved, and the public may be assured adequate, complete, dependable, and stable transportation service in all its phases.

        Sec. 2.  Section 81.80.290, chapter 14, Laws of 1961 and RCW 81.80.290 are each amended to read as follows:

          The commission shall have power and authority, by general order or otherwise, to prescribe rules and regulations in conformity with this chapter to carry out the purposes thereof, applicable to any and all "motor carriers," or to any persons transporting property by motor vehicle for compensation even though they do not come within the term "motor carrier" as herein defined.  The commission has no authority to make rules concerning motor carrier safety.

          The commission shall mail each holder of a permit under this chapter a copy of such rules and regulations.

        Sec. 3.  Section 81.80.330, chapter 14, Laws of 1961 as amended by section 3, chapter 132, Laws of 1980 and RCW 81.80.330 are each amended to read as follows:

          The commission is hereby empowered to administer and enforce all provisions of this chapter and to inspect the vehicles, books, and documents of all "motor carriers" and the books, documents, and records of those using the service of the carriers for the purpose of discovering all discriminations and rebates and other information pertaining to the enforcement of this chapter and shall prosecute violations thereof.  The commission has no authority to enforce any statutes or rules concerning motor carrier safety. 

          The commission shall employ such auditors, inspectors, clerks, and assistants as it may deem necessary for the enforcement of this chapter, and it shall be the duty of the Washington state patrol to assist in the enforcement of this chapter, and the duty of the attorney general to assign at least one assistant to the exclusive duty of assisting the commission in the enforcement of this chapter, and the prosecution of persons charged with the violation thereof.  It shall be the duty of the Washington state patrol and the sheriffs of the counties to make arrests and the county attorneys to prosecute violations of this chapter.

NEW SECTION. Sec. 4.  Section 81.80.211, chapter 14, Laws of 1961 and RCW 81.80.211 are each repealed.