Purpose: To modify existing rule, WAC 468-38-160 to comply with RCW 46.37.400, and thereby enhance the preservation of public safety.

Citation of Existing Rules Affected by this Order: Amending WAC 468-38-160.

Statutory Authority for Adoption: RCW 46.44.090.

Other Authority: RCW 46.37.400.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: There currently exists an inconsistency between RCW and WAC regarding a safety appurtenance, specifically rear-view mirrors. Any delay continues the confusion and allows opportunities for reduced safety compliance.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: Immediately.

April 21, 1998

Gerald E. Smith

Deputy Secretary, Operations

AMENDATORY SECTION (Amending Order 68, filed 11/22/89, effective 12/23/89)

WAC 468-38-160  ((Side)) Rear-view mirrors for ((overwide)) overwidth loads. ((Side)) Rear-view mirrors shall be ((so)) mounted ((on vehicles hauling overwide loads that the driver can see the highway for a distance of two hundred feet directly to the rear of the driver's side of the vehicle)) in compliance with RCW 46.37.400. Escort vehicles may be used in lieu of ((this)) the distance requirement.

All escort vehicles must be equipped with outside rear-view mirrors on each side of the vehicle ((to provide vision to the rear to ensure that the movement is progressing safely)).

[Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), § 468-38-160, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), § 468-38-160, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-160, filed 12/20/78. Formerly WAC 252-24-303.]