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                                                    HOUSE BILL NO. 660

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Gallagher, Schmidt, Haugen, Holland, S. Wilson and J. Williams; by Washington State Patrol, Utilities and Transportation Commission request

Read first time 2/8/85 and referred to Committee on Transportation.

AN ACT Relating to private carriers; adding a new chapter to Title 46 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.     The Washington state patrol shall have authority to adopt and amend by rule standards related to qualification of drivers and hours of service of drivers for private carriers as defined by RCW 81.80.010(6).  Such standards shall correlate with and, as far as possible, conform to the regulations then current contained in Title 49 C.F.R., Chapter 3, Subchapter B, Parts 391 and 395.  The Washington state patrol is authorized to adopt or amend rules to implement and enforce this section.

NEW SECTION. Sec. 2.     A violation of any rule adopted by the Washington state patrol pursuant to this chapter shall constitute a traffic infraction.

NEW SECTION. Sec. 3.     The Washington utilities and transportation commission shall have authority to adopt and amend rules to implement and enforce standards related to qualification of drivers and hours of service for private carriers as defined by RCW 81.80.010(6).  This authority and enforcement shall be limited to audits and such rules shall correlate with and, as far as possible, conform to the regulations then current contained in 49 C.F.R., Chapter 3, Subchapter B, Parts 391 and 395.

NEW SECTION. Sec. 4.     A violation of any rule adopted by the Washington utilities and transportation commission pursuant to this chapter shall constitute a violation of commission rule for purposes of RCW 81.04.405.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 46 RCW.

NEW SECTION. Sec. 6.     All rules adopted by either the Washington state patrol or the Washington utilities and transportation commission with respect to Part 395 of Title 49 C.F.R., Chapter 3, Subchapter B may take effect on or after the effective date of this act.  All other rules adopted pursuant to this chapter may not take effect until on or after July 1, 1986.