WSR 97-07-036

PROPOSED RULES

WASHINGTON STATE PATROL

[Filed March 14, 1997, 10:24 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-03-042.

Title of Rule: WAC 204-10-045 Wireless communications systems.

Purpose: To define acceptable standards for hands-free, wireless communication systems as enacted under chapter 34, Laws of 1996.

Statutory Authority for Adoption: RCW 46.37.005 and 46.37.480.

Summary: Recent legislation allows motorists to drive vehicles equipped with wireless communication systems. This rule will define acceptable standards.

Reasons Supporting Proposal: Chapter 34, Laws of 1996.

Name of Agency Personnel Responsible for Drafting: Ms. Carol Morton, P.O. Box 42635, Olympia, WA, (360) 412-8934; Implementation and Enforcement: Captain Tim Erickson, P.O. Box 42614, Olympia, WA, (360) 753-0350.

Name of Proponent: Washington State Patrol, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 34, Laws of 1996 allows motorists to drive vehicles equipped with hands-free, wireless communications systems. This rule will define acceptable standards for those systems. A new section under chapter 204-10 WAC, Equipment standards, will set the standards.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The public can choose not to purchase a wireless system. If the equipment and standards review unit checks a "home-made" system and finds it acceptable according to the standards, a person may use that system.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: State Patrol, Commercial Vehicle Division, Conference Room, Ground Floor, General Administration Building, Olympia, Washington, on April 22, 1997, at 9 a.m.

Assistance for Persons with Disabilities: Contact Kendra Hensley by April 15, 1997, (360) 753-0678.

Submit Written Comments to: Carol Morton, P.O. Box 42635, Olympia, WA 98504-2635, FAX (360) 493-9090, by April 15, 1997.

Date of Intended Adoption: April 29, 1997.

March 13, 1997

Annette M. Sandberg

Chief

NEW SECTION

WAC 204-10-045 Wireless communications systems. Hands-free, wireless communication systems may also refer to the use of cellular phone systems. These hands-free listening devices may be used by motorists while driving motor vehicles. Listening devices that include an earpiece shall cover only one ear.

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