S-4109               _______________________________________________

                                                   SENATE BILL NO. 4998

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senator Peterson

Read first time 1/24/86 and referred to Committee on Transportation.

AN ACT Relating to motor freight carriers; amending RCW 81.80.330; and adding a new section to chapter 81.80 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 81.80 RCW to read as follows:

          The commission has the authority and duty to supervise and regulate every private carrier in the state in regard to accounts, service, safety of operation, requirements for filing reports and other data, and in all other matters affecting the relationship of private carriers with competing carriers of every kind and the shipping and general public.  In carrying out its duties under this section, the commission may inspect vehicles, records, or any other necessary item, on public property or private property owned, leased, or otherwise controlled by the private carrier whose vehicles or records or other items are subject to inspection.

        Sec. 2.  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 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.  The commission shall provide the Washington state patrol with reports of violations of this chapter by motor carriers to include, but not exclusively, identification of the violators, the nature of the violations, and the penalty imposed.  The commission shall make available to the Washington state patrol any information acquired by the commission in conducting audits or other investigations of motor carriers.

In carrying out its duties under this section the Washington state patrol may inspect vehicles, records, or other necessary items in carrying out its duties under this chapter, on public or private property owned, leased, or otherwise controlled by the motor carrier whose vehicle records or other necessary items are subject to inspection.  The Washington state patrol may not conduct audits of the records of motor carriers.  Any violation of the authority granted to the Washington state patrol by this chapter is a traffic infraction in addition to the other penalties imposed by this chapter.  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.