WSR 98-03-059
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed January 20, 1998, 9:54 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-23-002.
Title of Rule: Chapter 468-400 WAC, Bicycle racing.
Purpose: Establishes new sections WAC 468-400-010 Declaration of purpose, 468-400-020 Definitions, 468-400-030 Bicycle race permit required, and 468-400-040 Bicycle race permit conditions.
Statutory Authority for Adoption: Chapters 34.05 and 34.08 RCW.
Summary: This rule provides a uniform procedure for permitting bicycle races on state highways.
Reasons Supporting Proposal: The WAC rule is the best appropriate policy level from which to address the issue of bicycle racing and to provide the best customer service.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David K. Peach, P.O. Box 47344, Olympia, WA 98504-7344, (360) 705-7282.
Name of Proponent: Washington State Department of Transportation and Baddlands Bicycle Club, public and governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal does not change existing rules. See Purpose above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not apply.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Does not apply.
Hearing Location: Department of Transportation, Commission Board Room 1D2, Transportation Building, Olympia, Washington 98504, on February 25, 1998, at 1:00 p.m.
Assistance for Persons with Disabilities: Contact TDD (360) 705-6980 by February 20, 1998.
Submit Written Comments to: David K. Peach, Washington State Department of Transportation, P.O. Box 47344, Olympia, WA 98504, FAX (360) 705-6826, by February 20, 1998.
Date of Intended Adoption: February 25, 1998.
January 19, 1998
Gerald E. Smith
Deputy Secretary for Operations
BICYCLE RACING
NEW SECTION
WAC 468-400-010 Policy. It is the policy of the Washington state
department of transportation (department) to permit bicycle racing on
state highways in accordance with the conditions and regulations set
forth in this code and the latest edition of the "Washington State
Bicycle Racing Guidelines."
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NEW SECTION
WAC 468-400-020 Definitions. Bicycles are defined in RCW 47.04.071. Bicycle racing means any contest of speed or competition where bicycles are used. Bicycle racing permits riding more than two abreast on a roadway. This code applies to all events in which bicycle racing takes place, including the following.
(1) Duathlon, triathlon, or multisport event. A multisport race in which bicycle racing forms an essential component of the complete event. The bicycle race portion of these events is conducted similar to a time trial.
(2) Time trial. Time trials are events in which individuals or small teams of riders, separately ride the same route and distance for elapsed time. Time trials are generally started at preset intervals and held on an out and back or circuit course.
(3) Criterium. Criteriums are massed start, high speed bicycle race events in which riders race around a closed circuit course to compete for order of finish. Criteriums are usually held on closed urban or suburban public streets. The course is normally one-half to one mile in length.
(4) Road race. Road races are massed start events in which riders complete a race course for order of finish. The course may be point to point, a large circuit, or repeated laps of a shorter circuit. Road races are usually held on rural or suburban roads, but may also take place on urban streets.
(5) Rolling enclosure. A rolling enclosure is a type of traffic
control where escort vehicles form a caravan leading and following a
group of racers. The enclosure sets aside a moving part of the roadway
in the direction of the race for exclusive use of bicyclists. Racers
inside the enclosure are not required to follow the normal rules of the
road but are controlled by rules set forth in the Washington State
Bicycle Racing Guidelines. Racers are not allowed to cross the center
line unless the entire road is traffic controlled. A rolling enclosure
is the typical traffic control used to run a road race.
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NEW SECTION
WAC 468-400-030 Bicycle race permit required. All persons or
organizations (permittee) conducting any form of bicycle race on a state
highway shall apply for a bicycle race permit from the applicable WSDOT
region administrator. The bicycle race permit must be applied for at
least sixty days before the bicycle race event. No bicycle race event
may be held on a state highway without an approved bicycle race permit.
The WSDOT region administrator may waive these requirements under special
conditions.
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NEW SECTION
WAC 468-400-040 Bicycle race permit conditions. (1) Bicycle race permits shall be granted only under conditions that ensure reasonable safety for all participants, spectators, and highway users. Reasonable safety implies that race participants, spectators, and other highway users have been accommodated in planning in a manner as to minimize the possibility of placing one in conflict with another.
(2) Bicycle race permit requests must include a race description stating all pertinent information required to understanding the bicycle race event. The request must include a map showing the roadway on which the race will be held. Applications must specify the number of vehicles on the roadway used to run a race, starting and anticipated finish time, maximum number of racers, number and training of course marshals, types of signing, and communications equipment.
(3) Approval of other involved jurisdictions shall be obtained prior to formal issuance of a bicycle race permit from the WSDOT.
(4) If the race only crosses a state highway, the WSDOT region administrator may waive the need for a bicycle race permit provided the permittee can show that reasonable traffic control and safety are provided by the organizer and other road authority: Provided further, That the permittee provide the indemnification and liability insurance prescribed in subsections (6) and (7) of this section.
(5) Bicycle racing will not normally be allowed on the Interstate Highway System.
(6) The permittee shall indemnify, defend and save harmless the state of Washington for any claim, suit, action for injuries, death or any other cause of personal injury or property damage arising from the issuance of a bicycle race permit, including claims of race participants, pedestrians, or other roadway users.
(7) The permittee shall obtain liability insurance in an amount no less than one million dollars to cover the state of Washington for any and all liabilities, including all costs, attorney fees, judgments or other expenses, arising out of the use of state highways for the bicycle race event. The state shall be named as an additional insured on all insurance policies.
(8) When five or more vehicles are lined up behind a bicycle race and delayed for more than five minutes, the bicycle race shall be neutralized at a place of safety to allow the vehicles to pass.
(9) Requests for bicycle race permits must comply with the current WSDOT "Washington State Bicycle Racing Guidelines."
(10) The original or certified copy of the permit must be available at the bicycle race for the duration of the bicycle race event.
Copies of the "Washington State Bicycle Racing Guidelines" may be
obtained from the WSDOT bicycle and pedestrian program or a WSDOT region
office.
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