AN ACT Relating to the state commission on equipment; amending RCW 46.37.005, 46.37.310; and reenacting and amending RCW 46.37.320.

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

Sec. 1. Section 46.37.005, chapter 12, Laws of 1961 as last amended by section 1, chapter 106, Laws of 1982 and RCW 46.37.005 are each amended to read as follows:

There is constituted a state commission on equipment which shall consist of the director of the department of licensing, the chief of the Washington state patrol, and the secretary of transportation, or, when duly designated, their respective deputy director, deputy chief, deputy or assistant secretary. The chief of the Washington state patrol shall act as the chairman of the state commission on equipment. He shall appoint either the director of licensing or the secretary of transportation to serve as vice-chairman in his absence. The chairman or the designated vice-chairman must be present at each meeting of the commission. The chief shall appoint a person under his supervision to act as secretary of the state commission on equipment who shall be responsible for the issuance of rules and regulations adopted by the commission, for the issuance of ((~~certificates of approval for vehicle equipment requiring approval and~~)) letters of appointment to tow operators, and for the administration of such other business of the commission on equipment as the commission shall specify.

In addition to those powers and duties elsewhere granted by the provisions of this title the state commission on equipment shall have the power and the duty to adopt, apply and enforce such reasonable rules and regulations (1) relating to proper types of vehicles or combinations thereof for hauling passengers, commodities, freight and supplies, (2) relating to vehicle equipment, and (3) relating to the enforcement of the provisions of this title with regard to vehicle equipment, as may be deemed necessary for the public welfare and safety in addition to but not inconsistent with the provisions of this title.

The state commission on equipment is authorized to adopt by regulation, federal standards relating to motor vehicles and vehicle equipment, issued pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, or any amendment to said act, notwithstanding any provision in Title 46 RCW inconsistent with such standards. Federal standards adopted pursuant to this section shall be applicable only to vehicles manufactured in a model year following the adoption of such standards.

Sec. 2. Section 46.37.310, chapter 12, Laws of 1961 and RCW 46.37.310 are each amended to read as follows:

(1) On and after January 1, 1938, no person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer or semitrailer, or use upon any such vehicle any head lamp, auxiliary, or fog lamp, rear lamp, signal lamp or reflector, which reflector is required hereunder, or parts of any of the foregoing which tend to change the original design or performance, unless of a type which has been ((~~submitted to~~)) approved by the state commission on equipment ((~~and approved by it~~)).

(2) No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer or semitrailer any lamp or device mentioned in this section which has been approved by the state commission on equipment unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed.

(3) No person shall use upon any motor vehicle, trailer or semitrailer any lamps mentioned in this section unless said lamps are mounted, adjusted and aimed in accordance with instructions of the state commission on equipment.

Sec. 3. Section 46.37.320, chapter 12, Laws of 1961 as amended by section 1, chapter 20, Laws of 1977 ex. sess. and by section 25, chapter 355, Laws of 1977 ex. sess. and RCW 46.37.320 are each reenacted and amended to read as follows:

(1) The state commission on equipment is hereby authorized to approve or disapprove any lighting device((s)) or other safety equipment, component, or assembly of a type for which approval is required in this chapter or in regulations issued by the commission and to issue and enforce regulations establishing standards and specifications for ((~~the approval of~~)) such lighting devices, and their installation, adjustment, and aiming, when in use on motor vehicles. Such regulations shall correlate with and, so far as practicable, conform to the then current federal motor vehicle safety standards issued pursuant to the national traffic and motor vehicle safety act of 1966 and to standards and specifications of the society of automotive engineers applicable to such equipment, and to the headlamp standards established by the United Nations agreement concerning the adoption of approval and reciprocal recognition of approval for motor vehicle equipment and parts done at Geneva on March 20, 1958, as amended and adopted by the Canadian standards association (CSA standard D106.2): PROVIDED, That the sale, installation, and use of any headlamp meeting the standards of either the society of automotive engineers or the United Nations agreement, as amended, shall be lawful in this state.

(2) The state commission on equipment shall establish the procedure to be followed ((~~when request~~)) for approval of any lighting device or other safety equipment, component, or assembly ((~~is submitted~~)) required to be approved under this chapter or in regulations issued by the state commission on equipment. The procedure may provide for submission of such device, component, or assembly, or adequate laboratory test data showing compliance with the current standards and specifications for that device, component, or assembly to any recognized organization or agency such as, but not limited to, ((~~the vehicle equipment safety commission, American national standards institute, society of automotive engineers, and~~)) the American association of motor vehicle administrators, as the agent of the state commission on equipment and for the issuance of ((~~an approval~~)) a certificate of compliance by that recognized organization or agency in lieu of submission of the device, component, or assembly, or adequate laboratory test data to the state commission on equipment.

(3) The state commission on equipment shall maintain and publish lists of all lamps, lighting devices, components, assemblies, or other safety equipment by name and type which have been approved by it.