S-3879               _______________________________________________

                                                   SENATE BILL NO. 4924

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Warnke, Kreidler and Rasmussen

Read first time 1/23/86 and referred to Committee on Parks & Ecology.

AN ACT Relating to motor vehicles; and amending RCW 46.37.500 and 46.61.655.

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

        Sec. 1.  Section 46.37.500, chapter 12, Laws of 1961 as amended by section 41, chapter 355, Laws of 1977 ex. sess. and RCW 46.37.500 are each amended to read as follows:

          No person shall operate any motor vehicle, trailer, or semitrailer that is not equipped with fenders, covers, flaps, or splash aprons adequate for minimizing the spray or splash of water or mud from the roadway to the rear of the vehicle.  All such devices shall be as wide as the tires behind which they are mounted and extend downward at least to ((the center of the axle)) within six inches of the roadway.

        Sec. 2.  Section 46.56.135, chapter 12, Laws of 1961 as last amended by section 22, chapter 307, Laws of 1971 ex. sess. and RCW 46.61.655 are each amended to read as follows:

(1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in the cleaning or maintaining of such roadway by public authority having jurisdiction.  Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.

(2) No person may operate on any public highway any vehicle with any load unless the load and covering thereon is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

(3) Any vehicle operating on a paved public highway with a load of dirt, sand, gravel, garbage, or any other material susceptible to being blown, dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage.  Covering of such loads is not required if six inches of freeboard is maintained within the bed.  In no instance may such materials be loaded above any point on a horizontal plane equal in height to the top of the side, front, or rear part of the enclosure that is the least in height without a secured cover.

(4) The operator of a vehicle hauling a load that deposits mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall clean such material from the vehicle before operating the vehicle on a paved public highway.

(5) The commission on equipment may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.