WSR 97-07-015

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed March 11, 1997, 1:23 p.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Chapter 308-330 WAC, Washington model traffic ordinance.

Purpose: Maintenance and updating of rules adopted to encourage highway safety and uniform traffic laws by local authorities.

Statutory Authority for Adoption: RCW 46.90.010.

Statute Being Implemented: RCW 46.90.010.

Summary: The proposed rules are a collection of amendments to and repeals of adopted rules which provide uniform traffic laws throughout Washington local authorities. Duplicate rules are being repealed and omitted laws are added by reference.

Reasons Supporting Proposal: Review and study of the previously adopted rules indicate the need for update.

Name of Agency Personnel Responsible for Drafting: Jack L. Lince, 1125 Washington Street S.E., Olympia, WA, (360) 902-3773; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, WA, (360) 902-3754; and Enforcement: Local authorities, local government agencies.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: No new rules are being proposed.

Proposal Changes the Following Existing Rules: Repealing: WAC 308-330-121, definition for "department" is provided in RCW 46.04.162, which is incorporated in this chapter by reference in WAC 308-330-100.

WAC 308-330-123, definition for "director" is provided in RCW 46.04.163, which is incorporated in this chapter by reference in WAC 308-330-100.

WAC 308-330-329, rental cars are licensed pursuant to chapters 46.12 and 46.16 RCW. RCW 46.87.023 only pertains to the registration of rental car companies and are not a part of this chapter.

WAC 308-330-375, this section is the same as RCW 46.55.230, which is incorporated into this chapter by reference in WAC 308-330-406.

Amending: WAC 308-330-197, adding RCW 46.09.040, use permit prerequisite to operation of off-road and nonhighway vehicles.

WAC 308-330-200, adding RCW 46.10.020 Ownership, transport, or operation of snowmobile without registration prohibited.

WAC 308-330-300, adding RCW 46.12.160 Refusal or cancellation of certificate--Notice--Penalty for subsequent operation; RCW 46.12.210 Penalty for false statements or illegal transfers; and RCW 46.12.200 Alteration or forgery--Penalty.

WAC 308-330-305, adding RCW 46.16.068 Trailing units--Permanent plates; RCW 46.16.090 Gross weight fees on farm vehicles--Penalty; RCW 46.16.160 Vehicle trip permits--Restrictions and requirements--Fees and taxes--Penalty--Rules; RCW 46.16.350 Amateur radio operator plates--Expiration or revocation of radio license--Penalty; RCW 46.16.560 Personalized license plates--Defined; RCW 46.16.585 Personalized license plates--Fees--Renewal--Penalty; RCW 46.16.630 Moped registration; RCW 46.16.640 Wheelchair conveyances; RCW 46.16.680 Kit vehicles; and deleting "section 11, chapter 225, Laws of 1995" and inserting therein the codified citation RCW 46.16.307 Collectors' vehicles--Use restrictions.

WAC 308-330-307, adding RCW 46.20.055 Instruction permits and temporary licenses; and RCW 46.20.070 Juvenile agricultural driving permits.

WAC 308-330-316, deleting "section 12, chapter 225, Laws of 1996" and inserting therein the codified citation RCW 46.37.518 Street rods and kit vehicles; and adding RCW 46.37.630 Private school buses.

WAC 308-330-322, after "Washington (RCW)" and "and Washington Administrative Code (WAC)"; adding RCW 46.48.175 Rules--Penalties--Responsibility for compliance; RCW 46.48.185 Inspections; and chapter 446-50 WAC, Transportation of hazardous materials.

WAC 308-330-370, after "custody of a" delete "registered disposer" and insert therein "tow truck operator registered pursuant to chapter 46.55 RCW."

WAC 308-330-400, after "through" delete "46.61.508" and insert therein "46.61.530."

WAC 308-330-406, deleting "RCW 46.55.030" and "RCW 46.55.910." These RCWs pertain only to the Department of Licensing and Department of Transportation and should not be included in this chapter.

WAC 308-330-408, deleting RCW 46.61.220 and recodify in WAC 308-330-415.

WAC 308-330-415, adding RCW 46.61.165 Reservation of portion of highway for use by public transportation vehicles, etc.; and recodifying RCW 46.61.220 Transit vehicles from WAC 308-330-408.

WAC 308-330-421, adding RCW 46.61.380 Rules for design, marking, and mode of operating school buses.

WAC 308-330-425, administrative change rearranging the referenced RCW to be in numerical sequence.

WAC 308-330-436, administrative change inserting "purpose" after "principle."

WAC 308-330-462, adding RCW 46.61.585 Winter recreational parking areas--Special permit required; and RCW 46.61.587 Winter recreational parking areas--Penalty.

WAC 308-330-800, adding RCW 47.36.005 Definitions pertaining to chapter 47.36 RCW, Traffic control devices; RCW 47.36.210 Signs or flagmen at thoroughfare work site--Compliance enjoined; and RCW 47.36.230 Signs or flagmen at thoroughfare work sites--Penalty.

WAC 308-330-825, adding RCW 70.93.030 Definitions pertaining to chapter 70.93 RCW, Waste reduction, recycling, and Model Litter Control Act; RCW 70.93.050 Enforcement of chapter; and RCW 70.93.097 Transported waste must be covered or secured.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030. The proposed rule making does not impose more than a minor cost on businesses in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA, on April 23, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jack Lince by April 21, 1997, TDD (360) 664-8885.

Submit Written Comments to: Jack L. Lince, Contracts Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by April 21, 1997.

Date of Intended Adoption: April 30, 1997.

March 11, 1997

Nancy S. Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 94-23-029, filed 11/8/94, effective 12/9/94)

WAC 308-330-197 RCW sections adopted--Off-road and nonhighway vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.020, 46.09.040, 46.09.120, 46.09.130, 46.09.140, 46.09.180, and 46.09.190.

[Statutory Authority: RCW 46.90.010. 94-23-029, 308-330-197, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-197, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-200 RCW sections adopted--Snowmobiles. The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.010, 46.10.020, 46.10.090, 46.10.100, 46.10.110, 46.10.120, 46.10.130, 46.10.140, and 46.10.190.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-200, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-300 RCW sections adopted--Certificates of ownership and registrations. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle certificates of ownership and registrations as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.005, 46.12.070, 46.12.080, 46.12.101, 46.12.102, 46.12.160, 46.12.210, 46.12.215, 46.12.220, 46.12.250, 46.12.260, 46.12.270, 46.12.300, 46.12.310, 46.12.320, 46.12.330, 46.12.340, 46.12.350, and 46.12.380.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-300, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-300, filed 11/13/95, effective 12/14/95; 94-23-029, 308-330-300, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-300, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-305 RCW sections adopted--Vehicle licenses. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.16.010, 46.16.011, 46.16.022, 46.16.023, 46.16.025, 46.16.028, 46.16.030, 46.16.048, 46.16.068, 46.16.088, 46.16.090, 46.16.135, 46.16.140, 46.16.145, 46.16.160, 46.16.170, 46.16.180, 46.16.240, 46.16.260, 46.16.290, 46.16.307, 46.16.316, 46.16.350, 46.16.381, 46.16.390, 46.16.500, 46.16.505, ((section 11, chapter 225, Laws of 1996, and RCW)) 46.16.560, 46.16.585, 46.16.595, 46.16.630, 46.16.640, and 46.16.680.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-305, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-305, filed 11/13/95, effective 12/14/95; 94-01-082, 308-330-305, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-307 RCW sections adopted--Driver licenses-identicards. The following sections of the Revised Code of Washington (RCW) pertaining to driver licenses and identification cards as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.021, 46.20.022, 46.20.025, 46.20.027, 46.20.031, 46.20.041, 46.20.045, 46.20.055, 46.20.070, 46.20.190, 46.20.220, 46.20.308, 46.20.336, 46.20.338, 46.20.342, 46.20.343, 46.20.344, 46.20.391, 46.20.394, 46.20.410, 46.20.420, 46.20.430, 46.20.500, 46.20.510, 46.20.550, 46.20.750, and 46.20.3101.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-307, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-307, filed 11/13/95, effective 12/14/95; 94-23-029, 308-330-307, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-307, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-316 RCW sections adopted--Vehicle lighting and other equipment. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.193, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.423, 46.37.424, 46.37.425, 46.37.430, 46.37.435, 46.37.440, 46.37.450, 46.37.460, 46.37.465, 46.37.467, 46,37.470, 46.37.480, 46.37.490, 46.37.495, 46.37.500, 46.37.510, 46.37.513, 46.37.517, 46.37.518, 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590, 46.37.600, 46.37.610, 46.37.620, and ((section 12, chapter 225, Laws of 1996)) 46.37.630.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-316, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-316, filed 11/13/95, effective 12/14/95; 94-01-082, 308-330-316, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-322 RCW sections adopted--Transportation of hazardous materials. The following section of the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) pertaining to transportation of hazardous materials as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.48.170, 46.48.175 and 46.48.185 and chapter 446-50 WAC.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-322, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-370 Stolen and abandoned vehicles--Reports of--Recovery, report required, penalty--Disposition. It shall be the duty of the chief of police to report immediately to the chief of the Washington state patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington state patrol.

In the event that any motor vehicle reported as stolen has been recovered, failure of the person so reporting the same as stolen to report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction.

It shall be the duty of the chief of police to report to the chief of the Washington state patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed in the custody of a ((registered disposer)) tow truck operator registered pursuant to chapter 46.55 RCW.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-370, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-400 Provisions of chapter refer to vehicles upon highway--Exception. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section;

(2) The provisions of RCW 46.52.010, 46.52.020, 46.52.030, 46.52.070, 46.52.080, 46.52.090, and 46.61.500 through ((46.61.508)) 46.61.530 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-400, filed 6/19/96, effective 7/20/96; 94-23-029, 308-330-400, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-400, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 95-23-042, filed 11/13/95, effective 12/14/95)

WAC 308-330-406 RCW sections adopted--Abandoned, unauthorized, and junk vehicle tow truck operators. The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow truck operators as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.55.010, 46.55.020, 46.55.025, ((46.55.030,)) 46.55.035, 46.55.037, 46.55.040, 46.55.050, 46.55.060, 46.55.063, 46.55.070, 46.55.080, 46.55.085, 46.55.090, 46.55.100, 46.55.105, 46.55.110, 46.55.113, 46.55.120, 46.55.130, 46.55.140, 46.55.150, 46.55.160, 46.55.170, 46.55.230, and 46.55.240((, and 46.55.910)).

[Statutory Authority: RCW 46.90.010. 95-23-042, 308-330-406, filed 11/13/95, effective 12/14/95; 94-01-082, 308-330-406, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-408 RCW sections adopted--Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015, 46.61.020, 46.61.021, 46.61.022, 46.61.024, 46.61.025, 46.61.030, 46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.072, 46.61.075, 46.61.080, and 46.61.085((, and 46.61.220)).

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-408, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-415 RCW sections adopted--Right of way. The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.100, 46.61.105, 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61.145, 46.61.150, 46.61.155, 46.61.160, 46.61.165, 46.61.180, 46.61.185, 46.61.190, 46.61.195, 46.61.200, 46.61.202, 46.61.205, 46.61.210, 46.61.215, 46.61.220, 46.61.230, 46.61.235, 46.61.240, 46.61.245, 46.61.250, 46.61.255, 46.61.260, 46.61.261, 46.61.264, 46.61.266, and 46.61.269.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-415, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-421 RCW sections adopted--Starting and stopping. The following sections of the Revised Code of Washington (RCW) pertaining to turning, starting, signals on stopping and turning, and special stops as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290, 46.61.295, 46.61.300, 46.61.305, 46.61.310, 46.61.315, 46.61.340, 46.61.345, 46.61.350, 46.61.355, 46.61.365, 46.61.370, 46.61.371, 46.61.372, 46.61.375, 46.61.380, and 46.61.385.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-421, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 95-23-042, filed 11/13/95, effective 12/14/95)

WAC 308-330-425 RCW sections adopted--Reckless driving, vehicular homicide and assault. The following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, 46.61.5054, 46.61.5055, 46.61.5057, 46.61.5058, 46.61.506, 46.61.517, 46.61.519, 46.61.5191, 46.61.5195, 46.61.525, 46.61.527, 46.61.530, 46.61.535, and 46.61.540((, 46.61.5054, 46.61.5055, 46.61.5057, and 46.61.5058)).

[Statutory Authority: RCW 46.90.010. 95-23-042, 308-330-425, filed 11/13/95, effective 12/14/95; 94-23-029, 308-330-425, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-425, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-436 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the principle purpose of:

(a) Displaying advertising;

(b) Displaying such vehicle for sale;

(c) Selling merchandise from such vehicle, except when authorized.

(2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-436, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-462 RCW sections adopted--Stopping, standing, and parking. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.560, 46.61.570, 46.61.575, 46.61.581, 46.61.582, 46.61.583, 46.61.585, 46.61.587, and 46.61.590.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-462, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-800 RCW sections adopted--Traffic control devices. The following sections of the Revised Code of Washington (RCW) pertaining to traffic control devices as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.36.005, 47.36.060, 47.36.110, 47.36.180, 47.36.200, ((and)) 47.36.210, 47.36.220, and 47.36.230.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-800, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-825 RCW sections adopted--Littering. The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030, 70.93.050, 70.93.060, and 70.93.097.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-825, filed 12/13/93, effective 7/1/94.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-330-121 Department.

WAC 308-330-123 Director.

WAC 308-330-329 RCW sections adopted--Rental car businesses.

WAC 308-330-375 Disposition of abandoned junk motor vehicles.

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