WSR 01-03-097

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed January 19, 2001, 8:59 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-23-063.

Title of Rule: Chapter 392-151 WAC, Traffic safety -- School safety patrol.

Purpose: To revise chapter 392-151 WAC to accept more highly reflective and fluorescent colors for the safe operation of school patrol. To reduce the risk of pedestrian incident by providing more visible uniform and flag color.

Statutory Authority for Adoption: RCW 46.61.385.

Summary: Accept more highly reflective materials and colors for school patrol safety.

Reasons Supporting Proposal: School zone information shows high risk for pedestrians and the need for highly reflective, fluorescent color to be worn.

Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 586-7436; Implementation: Tom Kelly, Office of Superintendent of Public Instruction, (360) 753-1142; and Enforcement: Sue Carnahan, Office of Superintendent of Public Instruction, (360) 753-0235.

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The current rule describes the colors to be used by the school patrol in a limited description with outdated materials. The Washington Traffic Safety Commission and Department of Transportation have recently used, with great success, a more reflective, fluorescent material and bright color to produce a more visible pedestrian which in turn will lower the pedestrian's risk at a school zone. This reflective material and bright color combination will be used to produce the safety uniform and flags used by the school patrol.

Proposal Changes the Following Existing Rules: The change allows for the reflective material and fluorescent color.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There should be no economic impact.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Wanamaker Room, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on March 1, 2001, at 9 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by February 15, 2001, TDD (360) 664-3631.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by February 28, 2001.

Date of Intended Adoption: March 2, 2001.

January 19, 2001

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-4550.1


AMENDATORY SECTION(Amending Order 80-22, filed 7/9/80)

WAC 392-151-090   Standard uniforms.   The standard uniform for school patrol members shall be a badge, vest, and/or raincoat and shall be worn only during a patrol function. A helmet may be used as part of the standard uniform.

     The helmet when used shall be fluorescent orange, white, red, or yellow. For additional visibility during hours of darkness, reflective tape may be added to the uniform.

     The school patrol vest shall be fluorescent or neon orange, yellow or lime with reflective ((white)) bands, approved by the superintendent of public instruction.

     The raincoat shall be fluorescent orange, red, or yellow.

[Statutory Authority: RCW 46.61.385. 80-09-015 (Order 80-22), § 392-151-090, filed 7/9/80; Order 7-75, § 392-151-090, filed 12/22/75. Formerly WAC 392-24-285.]


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-095   Equipment.   Each school patrol member, while on duty, shall have a fluorescent or neon flame orange or a red flag of color-fast material not less than 14 inches by 16 inches bearing the word "STOP" in white or contrasting lettering and attached to a staff not less than 40 inches long. For additional visibility during hours of darkness, reflective tape may be added to the flag. No additions shall be added that will compromise the message and intent of the school patrol equipment.

     All flags shall be displayed by the school patrol at a 45-degree angle extending toward the center of the street or highway. The purpose of the flag is to increase visibility and give warning to approaching motorists.

[Statutory Authority: RCW 46.61.385. 91-15-016, § 392-151-095, filed 7/10/91, effective 8/10/91; Order 7-75, § 392-151-095, filed 12/22/75. Formerly WAC 392-24-290.]

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