WSR 05-14-126

PREPROPOSAL STATEMENT OF INQUIRY

WASHINGTON STATE PATROL


[ Filed July 5, 2005, 8:37 a.m. ]

Subject of Possible Rule Making: WAC 204-90-120 Suspension.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.37.005 and 46.37.320.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Office of Government and Media Relations and Equipment and Standards worked with Representative Jim Clements and other members of the House Transportation Committee, during the 2005 legislative session to draft language relating to the use of aftermarket hydraulic or mechanical system to raise or lower the height of a motor vehicle. An error was found in the proposed language and the bill was vetoed. WSP was asked if the proposed language, once corrected, could be incorporated into an existing WAC. Yes, following is WAC 204-90-120 with the proposed language underlined.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Some low rider car club members contacted Representative Clements supporting his effort to pass a law allowing the use of hydraulics or other mechanical system to raise or lower the height of a motor vehicle while in motion on public roadways. It is our understanding, Representative Clements requested feedback from local law enforcement agencies, as this would fall more under their jurisdiction than WSP. Captain Jeff DeVere spoke with WASPC (Larry Erickson/James McMahan) about the proposed language, it was suggested the language be.

Process for Developing New Rule: Worked with Representative Jim Clements and other members of the House Transportation Committee, who had documentation from various car/lowrider clubs in Washington, requesting and supporting a law allowing for the use of hydraulics or other mechanical means to raise and lower a vehicle while on public roadways.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Washington State Patrol, Equipment and Standards Review, P.O. Box 42614, Olympia, WA 98504-2614, christine.fox@wsp.wa.gov, (360) 753-3697 or fax (360) 586-8233.

July 5, 2005

Paul S. Beckley

Deputy Chief

for John R. Batiste

Chief

Washington State Code Reviser's Office