AN ACT Relating to motor vehicles; amending RCW 81.80.060, 81.80.070, 81.80.130, 81.80.150, 81.80.190, 81.80.211, 81.80.260, 81.80.355, 81.80.371, 81.04.010, 81.04.110, 46.20.440, 46.20.450, and 46.63.110; reenacting and amending RCW 46.52.130; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.64 RCW; adding new sections to chapter 81.80 RCW; repealing RCW 81.80.020, 81.80.175, and 46.20.460; prescribing penalties; and providing an effective date.

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:

It is the intent of the legislature to adopt a new state policy toward motor freight carriers to the end that rates, charges, rules, and regulations affecting that industry reflect market place needs. That policy is intended to:

(1) Recognize and preserve the inherent advantages of each mode of transportation;

(2) Promote safe, adequate, economical, and efficient transportation;

(3) Encourage sound economic conditions in transportation, including sound economic conditions among carriers;

(4) Encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;

(5) Promote cooperation among federal, state, and local agencies, and the officials of federal, state, and local agencies on transportation matters;

(6) Encourage fair wages and working conditions in the transportation industry; and

(7) Promote a safe, stable, and financially sound system of transportation of household goods for the protection of the interests of individual shippers.

In adopting this new policy, the legislature intends that transportation by Washington intrastate motor freight carriage shall be exempt when similar products and movements are exempt in interstate and foreign commerce, that individual carriers be permitted flexibility in assessing rates, fares, and charges for their services, and that the administrative regulation of motor freight carriers be reduced to enable the Washington utilities and transportation commission to concentrate more of its time and energies where the public need is much greater.

NEW SECTION. Sec. 2. A new section is added to chapter 81.80 RCW to read as follows:

It is the policy of the state of Washington to promote by impartial regulation competitive and efficient motor freight transportation services in order to:

(1) Meet the needs of shippers, receivers, and consumers;

(2) Allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and consuming public;

(3) Allow the most productive use of equipment and energy resources;

(4) Enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions;

(5) Provide and maintain service to small communities and small shippers;

(6) Improve and maintain a sound, safe, and competitive privately owned motor carrier system;

(7) Promote greater participation by minorities in the motor carrier system; and

(8) Promote intermodal transportation.

NEW SECTION. Sec. 3. A new section is added to chapter 81.80 RCW to read as follows:

The provisions of this chapter, except those relating to license, insurance, and safety requirements, and except where specifically otherwise provided, shall not apply to the transportation by motor vehicle of the following exempt commodities:

(1) Ordinary livestock;

(2) Agricultural or horticultural commodities, other than manufactured products thereof;

(3) Commodities listed as exempt in the commodity list incorporated in ruling numbered 107, March 19, 1958, bureau of motor carriers, interstate commerce commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste such as carded, spun, woven, or knitted;

(4) Cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or by-products thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products;

(5) Livestock and poultry feed and agricultural seeds and plants, if such products, excluding products otherwise exempt under this subsection, are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;

(6) Property, including baggage, as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or, to the extent so agreed by the United States and approved by the civil aeronautics board or its successor agency, by a foreign air carrier;

(7) Property in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper;

(8) Used pallets and used empty shipping containers, including intermodal cargo containers, and other used shipping devices, other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles;

(9) Natural crushed, vesicular rock to be used for decorative purposes;

(10) Wood chips;

(11) Broken, crushed, or powdered glass;

(12) Property being transported in a state park or in a national park or national monument;

(13) Property that is part of a through trailer or flatcar movement when a railroad provides for the through intermodal movement from origin to destination;

(14) Property being transported for a federal, state, or municipal agency, or division thereof;

(15) Property without charge for a charitable purpose or for use in a public exhibition; and

(16) Recyclable materials, meaning waste products for recycling or reuse in the furtherance of recognized pollution control programs, without charge or at a reduced rate.

NEW SECTION. Sec. 4. A new section is added to chapter 81.80 RCW to read as follows:

The provisions of this chapter, except those relating to license, insurance, and safety requirements, and except where specifically otherwise provided, shall not apply to:

(1) A motor vehicle controlled and operated by a farmer and transporting:

(a) The farmer's agricultural or horticultural commodities and products; or

(b) Supplies to the farm of the farmer;

(2) A motor vehicle controlled and operated by a cooperative association or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation:

(a) For a nonmember that is not a farmer, cooperative association, federation, or the state of Washington or the United States government, the transportation, except for transportation otherwise exempt under this chapter:

(i) Shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance;

(ii) May not exceed in each fiscal year twenty-three percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and

(iii) Shall be provided only after the cooperative association or federation notifies the commission of its intent to provide the transportation; and

(b) The transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;

(3) As used in this section, the term "cooperative association" means any association in which farmers act together in processing, preparing for market, handling, and/or marketing the farm products of persons so engaged, and also means any association in which farmers act together in purchasing, testing, grading, processing, distributing, and/or furnishing farm supplies and/or farm business services if the associations are operated for the mutual benefit of the members as the producers or purchasers and conform to one or both of the following requirements:

(a) That no member of the association is allowed more than one vote because of the amount of stock or membership capital he may own; or

(b) That the association does not pay dividends on stock or membership capital in excess of eight percent per annum;

(4) Whether the requirements of subsection (3) (a) or (b) of this section are conformed to, the association shall not deal in farm products, farm supplies, and farm business services with or for nonmembers in an amount greater in value than the total amount of the business transacted by it with or for members. All business transacted by any cooperative association for or on behalf of the United States, the state of Washington, or any agency or instrumentality thereof shall be disregarded in determining the volume of member and nonmember business transacted by the association.

NEW SECTION. Sec. 5. A new section is added to chapter 81.80 RCW to read as follows:

(1) Notwithstanding the provisions of section 4 of this act, a cooperative association or a federation of cooperative associations which is required to notify the commission under that section shall prepare and maintain the records relating to transportation provided by the association or federation in such form as the commission may require by regulation to carry out the provisions of that section. The commission, or an employee designated by the commission, may on demand and display of proper credentials, inspect and examine the lands, buildings, and equipment of the association or federation, and inspect and copy any record of the association or federation.

(2) Notwithstanding the provisions of section 4 of this act, the commission may require a cooperative association or federation of cooperative associations described in subsection (1) of this section to file reports with the commission containing answers to questions about transportation provided by the association or federation.

(3) The commission may bring a civil action to enforce subsections (1) and (2) of this section, or a regulation or order of the commission issued under this section, when violated by a cooperative association or federation or cooperative associations described in subsection (1) of this section.

(4)(a) A person required to make a report to the commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, who: (i) Does not make the report; (ii) does not specifically, completely, and truthfully answer the question; or (iii) does not maintain the record in the form and manner prescribed by the commission, is liable for a civil penalty of not more than five hundred dollars for each violation, and for not more than two hundred fifty dollars for each additional day the violation continues.

(b) Trial in a civil action under this subsection shall be in the superior court of the county in which: (i) The cooperative association or federation of cooperative associations has its principal office; (ii) the violation occurred; or (iii) the offender is found. Process in the action may be served in the county in which the offender is a resident or in which the offender may be found.

(5) A person, or an officer, employee, or agent of that person, who by any means knowingly and wilfully tries to evade compliance with this section shall be fined at least two hundred dollars but not more than two thousand dollars for a subsequent violation.

(6) A person required to make a report to the commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, who: (a) Wilfully does not make that report; (b) wilfully does not specifically, completely, and truthfully answer that question within thirty days from the date the commission requires the question to be answered; (c) wilfully does not maintain that record in the form and manner prescribed by the commission; (d) knowingly and wilfully falsifies, destroys, mutilates, or changes that report or record; (e) knowingly and wilfully files a false report or record with the commission under this section; (f) knowingly and wilfully makes a false or incomplete entry in that record about a business-related fact or transaction; or (g) knowingly and wilfully maintains a record in violation of a regulation or order of the commission issued under this section, shall be fined not more than five thousand dollars.

Sec. 6. Section 1, chapter 33, Laws of 1969 as amended by section 17, chapter 210, Laws of 1969 ex. sess. and RCW 81.80.060 are each amended to read as follows:

Every person who engages for compensation to perform a combination of services a substantial portion of which includes transportation of property of others, not exempted from regulation by RCW 81.80.040 or by section 3 or 4 of this act, upon the public highways shall be subject to the jurisdiction of the commission as to such transportation and shall not engage upon the same without first having obtained a common carrier or contract carrier permit to do so. An example of such a combination of services shall include, but not be limited to, the delivery of household appliances for others where the delivering carrier also unpacks or uncrates the appliances and makes the initial installation thereof. Every person engaging in such a combination of services shall advise the commission what portion of the consideration is intended to cover the transportation service and if the agreement covering the combination of services is in writing, the rate and charge for such transportation shall be set forth therein. The rates or charges for the transportation services included in such combination of services shall be subject to control and regulation by the commission in the same manner that the rates of common and contract carriers are now controlled and regulated. Any person engaged in extracting and/or processing and, in connection therewith, hauling materials exclusively for the maintenance, construction or improvement of a public highway shall not be deemed to be performing a combination of services.

Sec. 7. Section 81.80.070, chapter 14, Laws of 1961 as amended by section 1, chapter 242, Laws of 1963 and RCW 81.80.070 are each amended to read as follows:

No "common carrier," "contract carrier," "freight forwarder," or "temporary carrier" shall operate for the transportation of property for compensation in this state without first obtaining from the commission a permit so to do. However, no permit may be required for transportation to which the provisions of this chapter are declared inapplicable by RCW 81.80.040 or by section 3 or 4 of this act. Permits heretofore issued or hereafter issued to any carrier((,)) shall be exercised by said carrier to the fullest extent so as to render reasonable service to the public. Applications for common or contract carrier permits or extensions thereof shall be on file for a period of at least thirty days prior to the granting thereof unless the commission finds that special conditions require the earlier granting thereof. The commission shall render an administratively final decision granting or denying an application for a permit within one hundred twenty days of the date the application is filed.

A permit or extension thereof shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the services proposed and conform to the provisions of this chapter and the requirements, rules, and regulations of the commission thereunder, and that such operations will be consistent with the public interest, and, in the case of common carriers, that the same are or will be required by the present or future public convenience and necessity, otherwise such application shall be denied. If any protest to an application for a permit or extension thereof is filed asserting that the applicant is not fit, willing, and able to perform the services proposed, the burden of proving such assertions is on the person or persons filing the protest.

Nothing contained in this chapter shall be construed to confer upon any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.

Sec. 8. Section 81.80.130, chapter 14, Laws of 1961 and RCW 81.80.130 are each amended to read as follows:

(1) The commission shall supervise and regulate every "common carrier" in this state; make, fix, alter, and amend, just, fair, reasonable, minimum, maximum, or minimum and maximum, rates, charges, classifications, rules, and regulations for all "common carriers"; regulate the accounts, service, and safety of operations thereof; require the filing of reports and other data thereby; and supervise and regulate all "common carriers" in all other matters affecting their relationship with competing carriers of every kind and the shipping and general public((~~: PROVIDED,~~)). The commission may by order approve rates filed by common carriers in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, or prescribe rates covering such commodities and services.

(2) The commission shall, at the earliest date practicable, investigate all rates and charges in effect on the effective date of this section, that relate to transportation of shipments of general freight weighing in excess of five hundred pounds by motor carriers other than those to which the provisions of this chapter are declared inapplicable by RCW 81.80.040 or by section 3 or 4 of this act. After the investigation, the commission shall establish, pursuant to existing ratemaking procedures, simplified base rates and charges applicable on such shipments, which rates and charges shall be based on carriers' actual operating costs incurred in transporting the shipments for which the simplified rates and charges are prescribed plus a reasonable margin.

(3) Base rates and charges for shipments of general freight weighing in excess of five hundred pounds transported by motor carriers other than those to which the provisions of this chapter are declared inapplicable by RCW 81.80.040 or by section 3 or 4 of this act shall be reviewed no less than annually by the commission and, if necessary, shall be adjusted pursuant to existing ratemaking procedures to ensure that the base rates and charges remain just and reasonable and to insure that the base rates and charges continue to cover carriers' actual operating costs incurred in transporting involved shipments plus a reasonable margin. The annual base rate review required by this subsection is additional to any and all other procedures now available for review and adjustment by the commission of rates on involved shipments weighing in excess of five hundred pounds.

(4) Notwithstanding any other provision of this chapter or any existing commission regulation, motor carriers may deviate from the prescribed general freight base rate (a) for shipments weighing in excess of five hundred pounds but less than ten thousand pounds by an amount not to exceed five percent above or below the base rate and (b) for shipments weighing in excess of ten thousand pounds by an amount not to exceed fifteen percent above or below the base rate. A carrier or carriers electing to so deviate shall file notice thereof with the commission. The proposed deviation becomes effective five days after filing and receipt by the commission. If the simplified base rate is thereafter increased or decreased, the increase or decrease shall be applied to any deviation rate published pursuant to this subsection. The commission shall promptly provide notice to the public of any deviation notice filed pursuant to this subsection, and with respect to any such deviation any interested party may petition the commission for suspension of the deviation within fifteen days of the public notice on the grounds that the deviation results in predatory pricing as defined in subsection (5) of this section. The deviation remains in effect and shall not be suspended unless the commission, after hearing, determines that suspension is warranted and so orders.

(5) "Predatory pricing" means the charging of rates, fares, or charges by a carrier that are below that carrier's actual operating costs or unreasonably above such costs or that are unduly discriminatory. A motor carrier regulated under this chapter may not engage in predatory pricing. Any interested party, including any interested motor carrier and any interested shipper, may file a petition for suspension with the commission seeking to have the commission determine if predatory pricing exists. The commission shall duly prescribe appropriate expedited procedures for hearing and for interim decision on any such complaint at the completion of the hearing or as soon thereafter as is reasonably possible. The commission may charge a fee for the filing of any documents required to be filed with the commission under subsection (4) of this section.

(6) If the commission determines that a carrier has engaged in predatory pricing, the commission may (a) suspend the carrier's deviation from the base rate, (b) direct the carrier to charge and collect the base rate, and (c) direct the carrier to repay any overcharges and collect any undercharges.

(7) All rates, fares, and charges governing shipments of general freight weighing in excess of five hundred pounds in effect on the effective date of this section, remain in effect and are the rates, fares, or charges for the purposes of this chapter until the commission completes the investigation and prescribes the base rates and charges that are required by this section. The deviation procedures provided in subsection (4) of this section become effective upon the date the base rates and charges are prescribed, but not later than January 1, 1989.

(8) After January 1, 1990, the commission may review, after notice and hearing, the rates then in effect governing shipments of general freight weighing five hundred pounds or less by motor carriers other than those to which the provisions of this chapter are declared inapplicable by RCW 81.80.040 or by section 3 or 4 of this act. After such review, if deemed necessary by the commission to accomplish the objectives of this chapter, the commission may order that the deviation, suspension, and predatory pricing provisions and procedures of subsections (3), (4), and (5) of this section applicable to shipments weighing in excess of five hundred pounds but less than ten thousand pounds apply to shipments weighing five hundred pounds or less.

(9) The commission may order, after notice and hearing, if deemed necessary to accomplish the objectives of this chapter, that the deviation percentages provided in subsection (4) of this section be adjusted. The deviation percentages shall not be decreased by the commission so as to be less than five percent above or below the base rate for shipments weighing ten thousand pounds or less and shall not be less than fifteen percent above or below the base rate for shipments weighing in excess of ten thousand pounds.

(10) The commission may also order, after notice and hearing, if deemed necessary to accomplish the objectives of this chapter, that deviations from established rates be allowed in such amounts as deemed appropriate by the commission on shipments transported by any one or more of the various classes of specialized motor carriers. If the commission orders establishment of any deviations applicable to such shipments, the commission shall further order in connection with establishment thereof that the suspension and predatory pricing provisions and procedures of subsections (4) and (5) of this section apply to such shipments.

Sec. 9. Section 81.80.150, chapter 14, Laws of 1961 as last amended by section 2, chapter 116, Laws of 1981 and RCW 81.80.150 are each amended to read as follows:

The commission shall make, fix, construct, compile, promulgate, publish, and distribute tariffs containing compilations of rates, charges, classifications, rules, and regulations to be used by all common carriers other than those to which the provisions of this chapter are declared inapplicable by RCW 81.80.040 or by section 3 or 4 of this act. In compiling such tariffs it shall include within any given tariff compilation such carriers, groups of carriers, commodities, or geographical areas as it determines shall be in the public interest. Such compilations and publications may be made by the commission by compiling the rates, charges, classifications, rules, and regulations now in effect, and as they may be amended and altered from time to time after notice and hearing, by issuing and distributing revised pages or supplements to such tariffs or reissues thereof in accordance with the orders of the commission: PROVIDED, That the commission, upon good cause shown, may establish temporary rates, charges, or classification changes which may be made permanent only after publication in an applicable tariff for not less than sixty days, and determination by the commission thereafter that the rates, charges or classifications are just, fair, and reasonable: PROVIDED FURTHER, That temporary rates shall not be made permanent except upon notice and hearing if within sixty days from date of publication, a shipper or common carrier, or representative of either, shall file with the commission a protest alleging such temporary rates to be unjust, unfair, or unreasonable. For purposes of this proviso, the publication of temporary rates in the tariff shall be deemed adequate public notice. Nothing herein shall be construed to prevent the commission from proceeding on its own motion, upon notice and hearing, to fix and determine just, fair, and reasonable rates, charges, and classifications. The proper tariff, or tariffs, applicable to a carrier's operations shall be available to the public at each agency and office of all common carriers operating within this state. Such compilations and publications shall be sold by the commission for a fee to be determined annually and not to exceed the cost of this service. Corrections to such publications shall be furnished to all subscribers to tariffs in the form of corrected pages to the tariffs, supplements, or reissues thereof. In addition to the initial charge for each tariff, the commission shall charge an annual maintenance fee not to exceed the cost of issuing corrections or supplements and mailing them to subscribers: PROVIDED, That copies may be furnished free to other regulatory bodies and departments of government and to colleges, schools, and libraries. All copies of the compilations, whether sold or given free, shall be issued and distributed under rules and regulations to be fixed by the commission: PROVIDED FURTHER, That the commission may by order authorize common carriers to publish and file tariffs with the commission and be governed thereby in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, construct, compile, publish, and distribute tariffs covering such commodities and services.

Sec. 10. Section 81.80.190, chapter 14, Laws of 1961 as amended by section 5, chapter 191, Laws of 1986 and RCW 81.80.190 are each amended to read as follows:

The commission shall ((~~in the granting of permits to "common carriers" and "contract carriers" under this chapter~~)) require ((~~such carriers~~)) all "common carriers" and "contract carriers" to either ((~~procure and file~~)) provide evidence of current liability and property damage insurance from a company licensed to write such insurance in the state of Washington, or deposit such security, for such limits of liability and upon such terms and conditions as the commission shall determine to be necessary for the reasonable protection of the public against damage and injury for which such carrier may be liable by reason of the operation of any motor vehicle.

In fixing the amount of said insurance policy or policies, or deposit of security, the commission shall give due consideration to the character and amount of traffic and the number of persons affected and the degree of danger which the proposed operation involves.

If the commission is notified of the cancellation, revocation, or any other changes in the required insurance or security of a common carrier or contract carrier with a permit to transport radioactive or hazardous materials, the commission shall immediately notify the state radiation control agency of the change.

Sec. 11. Section 81.80.211, chapter 14, Laws of 1961 and RCW 81.80.211 are each amended to read as follows:

The commission may adopt rules and regulations relating to the hours of duty of motor carrier drivers and operators, including those engaged in transportation to which the provisions of this chapter are declared inapplicable by RCW 81.80.040 or by section 3 or 4 of this act.

Sec. 12. Section 81.80.260, chapter 14, Laws of 1961 as amended by section 3, chapter 69, Laws of 1967 and RCW 81.80.260 are each amended to read as follows:

It shall be unlawful for any person to operate any vehicle at the same time in more than one class of operation, except upon approval of the commission and a finding that such operation will be in the public interest. However, a motor freight carrier providing transportation exempt from the jurisdiction of the commission under section 3 of this act may transport property under that section in the same vehicle, and at the same time as property that the carrier is authorized to transport under a permit issued under RCW 81.80.070. Transportation of such property does not affect the unregulated status of the exempt property or the regulated status of the property that the carrier is authorized to transport under the permit. Moreover, nothing contained in this chapter may be construed to prohibit the issuance of a "common carrier," "contract carrier," or "temporary carrier" permit, or extension thereof, to a "private carrier" upon proper application therefor and a finding by the commission as required by RCW 81.80.070.

No "exempt carrier" as such shall transport property for compensation except as hereinabove provided.

Sec. 13. Section 81.80.355, chapter 14, Laws of 1961 and RCW 81.80.355 are each amended to read as follows:

Any person not holding a permit authorizing him to operate as a common carrier, contract carrier, or temporary carrier for the transportation of property for compensation in this state, or ((an)) any exempt carrier, who displays on any building, vehicle, billboard or in any manner, any advertisement of, or by circular, letter, newspaper, magazine, poster, card or telephone directory, advertises the transportation of property for compensation shall be guilty of a misdemeanor and punishable as such: PROVIDED, That nothing in this section shall be construed to prohibit advertising by any person offering transportation to which the provisions of this chapter are declared inapplicable by RCW 81.80.040 or by section 3 or 4 of this act.

Sec. 14. Section 9, chapter 59, Laws of 1963 and RCW 81.80.371 are each amended to read as follows:

It shall be unlawful for any carrier to perform a transportation service for compensation upon the public highways of this state without first having secured appropriate authority from the Interstate Commerce Commission, if such authority is required, and without first having registered such authority, if any, with the commission.

It shall also be unlawful for a carrier to perform a transportation service for compensation on the public highways of this state as an interstate carrier of commodities included in the exemptions provided in section ((~~203(b)~~)) 10526 of the Interstate Commerce Act without having first registered as such a carrier with the commission.

Such registration shall be granted upon application, without hearing, upon payment of the appropriate filing fee prescribed by this chapter for other applications for operating authority.

Sec. 15. Section 81.04.010, chapter 14, Laws of 1961 as amended by section 2, chapter 13, Laws of 1981 and RCW 81.04.010 are each amended to read as follows:

As used in this title, unless specially defined otherwise or unless the context indicates otherwise:

"Commission" means the utilities and transportation commission.

"Commissioner" means one of the members of such commission.

"Corporation" includes a corporation, company, association or joint stock association.

"Person" includes an individual, a firm or copartnership.

"Street railroad" includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for hire, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place within any one city or town, and includes all equipment, switches, spurs, tracks, bridges, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such street railroad, within this state.

"Street railroad company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town, owning, controlling, operating or managing any street railroad or any cars or other equipment used thereon or in connection therewith within this state.

"Railroad" includes every railroad, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for hire, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad.

"Railroad company" includes every corporation, company, association, joint stock association, partnership or person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any railroad or any cars or other equipment used thereon or in connection therewith within this state.

"Express company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, who shall engage in or transact the business of carrying any freight, merchandise or property for hire on the line of any common carrier operated in this state.

"Common carrier" includes all railroads, railroad companies, street railroads, street railroad companies, steamboat companies, express companies, car companies, sleeping car companies, freight companies, freight line companies, and every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town, owning, operating, managing or controlling any such agency for public use in the conveyance of persons or property for hire within this state.

"Vessel" includes every species of watercraft, by whatsoever power operated, for public use in the conveyance of persons or property for hire over and upon the waters within this state, excepting all towboats, tugs, scows, barges, and lighters, and excepting rowboats and sailing boats under twenty gross tons burden, open steam launches of five tons gross and under, and vessels under five tons gross propelled by gas, fluid, naphtha or electric motors.

"Steamboat company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, controlling, leasing, operating or managing any vessel over and upon the waters of this state.

"Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property transported, and the transmission of credit.

"Transportation of persons" includes any service in connection with the receiving, carriage and delivery of the person transported and his baggage and all facilities used, or necessary to be used in connection with the safety, comfort and convenience of the person transported.

"Public service company" includes every common carrier with the exception of those motor freight carriers engaged exclusively in the operation of motor vehicles exempt from the provisions of chapter 81.80 RCW.

The term "service" is used in this title in its broadest and most inclusive sense.

Sec. 16. Section 81.04.110, chapter 14, Laws of 1961 and RCW 81.04.110 are each amended to read as follows:

Complaint may be made by the commission of its own motion or by any person or corporation, chamber of commerce, board of trade, or any commercial, mercantile, agricultural, or manufacturing society, or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public service corporation in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission.

When two or more public service corporations, (meaning to exclude municipal and other public corporations) are engaged in competition in any locality or localities in the state, either may make complaint against the other or others that the rates, charges, rules, regulations, or practices of such other or others with or in respect to which the complainant is in competition, are unreasonable, unremunerative, discriminatory, illegal, unfair, or intending or tending to oppress the complainant, to stifle competition, or to create or encourage the creation of monopoly((~~, and~~)) . Upon such complaint or upon complaint of the commission upon its own motion, the commission shall have power, after notice and hearing as in other cases, to, by its order, subject to appeal as in other cases, correct the abuse complained of by establishing such uniform rates, charges, rules, regulations, or practices in lieu of those complained of, to be observed by all of such competing public service corporations in the locality or localities specified as shall be found reasonable, remunerative, nondiscriminatory, legal, and fair or tending to prevent oppression or monopoly or to encourage competition((~~, and~~)) . Upon any such hearing it shall be proper for the commission to take into consideration the rates, charges, rules, regulations, and practices of the public service corporation or corporations complained of in any other locality or localities in the state. However, nothing in this section may be interpreted to give to the commission the power to establish any rate, charge, rule, regulation, or practice that would require observance by any motor freight carrier in lieu of rates, charges, rules, regulations, or practices that would cover that carrier's actual operating costs incurred in transporting shipments subject to the rate-making authority of the commission plus a reasonable margin.

All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of complaints or grievances or misjoinder of parties; and in any review of the courts of orders of the commission the same rule shall apply and pertain with regard to the joinder of complaints and parties as herein provided: PROVIDED, All grievances to be inquired into shall be plainly set forth in the complaint. No complaint shall be dismissed because of the absence of direct damage to the complainant.

Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the person or corporation complained of, which shall be accompanied by a notice fixing the time when and place where a hearing will be had upon such complaint. The time fixed for such hearing shall not be less than ten days after the date of the service of such notice and complaint, excepting as herein provided. Rules of practice and procedure not otherwise provided for in this title may be prescribed by the commission.

Sec. 17. Section 1, chapter 20, Laws of 1967 ex. sess. as last amended by section 1, chapter 114, Laws of 1980 and RCW 46.20.440 are each amended to read as follows:

It is unlawful for a person to operate upon the public highway any motor-truck, truck-tractor, school bus, auto stage, for hire vehicle, or private carrier bus as defined by RCW 46.04.310, 46.04.650, 46.04.521, 46.04.050, 46.04.190, and 46.04.416 respectively, found by the director to require special operating skills as hereafter provided, unless the driver has established the driver's physical fitness to operate the vehicle or vehicles upon the public highway without unnecessarily endangering the safety of the driver and others, and has successfully completed an examination, in addition to the examinations in RCW 46.20.130, demonstrating the ability of the driver to operate and maneuver the vehicle or vehicles upon the public highway in a manner not to jeopardize the safety of persons or property: PROVIDED, That this requirement does not apply to any person hauling farm commodities from the farm to the processing plant or shipping point, not to exceed a radius of fifty miles from the farm.

The director may issue an instruction permit to an applicant for a period not to exceed one hundred eighty days. This instruction permit may be renewed for one additional one hundred eighty-day period. The director shall collect a two dollars and fifty cent fee for the instruction permit or renewal, and the fee shall be deposited in the highway safety fund.

The director shall upon completion of such tests specially endorse the driver's license of the applicant to indicate the type of vehicle qualifications met.

Sec. 18. Section 2, chapter 20, Laws of 1967 ex. sess. and RCW 46.20.450 are each amended to read as follows:

The director shall, pursuant to chapter 34.04 RCW, hold public hearings to adopt rules and regulations and standards and specifications pertaining to:

(1) A determination of what types of vehicles require special skills for the operation thereof, taking into consideration the extent to which a special knowledge of traffic laws pertaining to the type of vehicle and a special ability to maneuver such vehicles is necessary for the safe operation of the vehicle both alone and in relationship to other types of vehicles on the road;

(2) The establishment of reasonable classifications within one vehicle category or among several categories for the purpose of either requiring or not requiring a special skill test;

(3) The establishment of the type of examinations to be given, taking into consideration that certain categories of equipment may require a more comprehensive testing than others. The director may, however, allow the substitution of a training course or examination given by common carriers or other persons in lieu of the department's examination, if it meets the standards required by the department;

(4) The determination of the physical fitness of an applicant for a license to operate a vehicle requiring special operating skills.

Sec. 19. Section 27, chapter 21, Laws of 1961 ex. sess. as last amended by section 2, chapter 397, Laws of 1987 and by section 2, chapter 9, Laws of 1987 1st ex. sess. and RCW 46.52.130 are each reenacted and amended to read as follows:

Any request for a certified abstract must specify which part is requested, and only the part requested shall be furnished. The employment driving record part shall be furnished only to the individual named in the abstract, an employer, the insurance carrier that has insurance in effect covering the employer, or a prospective employer. The other part shall be furnished only to the individual named in the abstract, an employer, the insurance carrier that has insurance in effect covering the named individual, or the insurance carrier to which the named individual has applied. Both parts shall be furnished to an alcohol/drug assessment or treatment agency approved by the department of social and health services, to which the named individual has applied or been assigned for evaluation or treatment. City attorneys and county prosecuting attorneys may provide both parts of the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment. The director, upon proper request, shall furnish a certified abstract covering the period of not more than the last three years to individuals, insurance companies, or employers, and covering a period of not more than the last five years to state approved alcohol/drug assessment or treatment agencies. The abstract, whenever possible, shall include an enumeration of motor vehicle accidents in which the person was driving; the total number of vehicles involved; whether the vehicles were legally parked or moving; whether the vehicles were occupied at the time of the accident; and any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law. The enumeration shall include any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.

The abstract provided to an insurance company shall have excluded from it any information pertaining to any occupational driver's license when the license is issued to any person employed by another or self-employed as a motor vehicle driver who during the five years preceding the request has been issued such a license by reason of a conviction or finding of a traffic infraction involving a motor vehicle offense outside the scope of his principal employment, and who has during that period been principally employed as a motor vehicle driver deriving the major portion of his income therefrom. The abstract provided to the insurance company shall also exclude any information pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any member of the Washington state patrol, while driving official vehicles in the performance of occupational duty during an emergency situation if the chief of the officer's or fire fighter's department certifies on the accident report that the actions of the officer or fire fighter were reasonable under the circumstances as they existed at the time of the accident.

The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.

Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment.

Any employer or prospective employer receiving the certified abstract shall use it exclusively for his own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.

Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.

Any violation of this section is a gross misdemeanor.

Sec. 20. Section 330, chapter 258, Laws of 1984 as amended by section 2, chapter 213, Laws of 1986 and RCW 46.63.110 are each amended to read as follows:

(1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

(2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

(3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

(4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature ((~~and~~)), penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles, and for violation by motor carriers of chapter 46.37 RCW relating to vehicle lighting and other equipment are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

(5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department may not renew the person's driver's license until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.

NEW SECTION. Sec. 21. A new section is added to chapter 46.64 RCW to read as follows:

Any nonresident of the state of Washington who is issued a notice of infraction or a citation for a traffic offense shall be required to post bail. If the person cannot post bail, that person shall be taken to a magistrate or judge for a hearing at the first possible working time of the court. If the person refuses to comply with this section, that person is guilty of a misdemeanor. This section does not apply to residents of states that have entered into the nonresident violator compact under chapter 46.23 RCW.

NEW SECTION. Sec. 22. A new section is added to chapter 81.80 RCW to read as follows:

The commission shall supervise and regulate every private carrier in the state in regard to safety of operation. 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.

NEW SECTION. Sec. 23. A new section is added to chapter 46.16 RCW to read as follows:

In addition to other fees for the licensing of vehicles there shall be paid annually a truck safety fee of ten cents for each one thousand pounds of licensed gross vehicle weight for each motor truck, truck tractor, or tractor with a licensed gross vehicle weight of fourteen thousand pounds or more.

The fee shall be paid at the time of payment of the fee imposed by RCW 46.16.070. Revenues from this fee shall be deposited in the state patrol highway account of the motor vehicle fund to be used by the commercial vehicle enforcement section for truck safety.

NEW SECTION. Sec. 24. The following acts or parts of acts are each repealed:

(1) Section 81.80.020, chapter 14, Laws of 1961 and RCW 81.80.020;

(2) Section 5, chapter 242, Laws of 1963 and RCW 81.80.175; and

(3) Section 3, chapter 20, Laws of 1967 ex. sess., section 2, chapter 68, Laws of 1969 ex. sess., section 2, chapter 126, Laws of 1971 ex. sess. and RCW 46.20.460.

NEW SECTION. Sec. 25. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 26. Section 23 of this act shall take effect on January 1, 1989.