Purpose: The Washington State Patrol Office of Government and Media Relations was contacted by a senator requesting a seat belt exemption for individuals driving delivery vehicles. The constituent who contacted the senator requested an exemption similar to what is currently granted to rural mail carriers, rural newspaper delivery carriers, utility meter readers, and refuse/recycling collectors. The proposed language outlines specifically when a commercially-recognized delivery vehicle operator may be exempt from wearing a seat belt system.

     Citation of Existing Rules Affected by this Order: Amending chapter 204-41 WAC, Seat belt exemptions.

     Statutory Authority for Adoption: RCW 46.61.688(2).

      Adopted under notice filed as WSR 05-12-048 on May 26, 2005.

     A final cost-benefit analysis is available by contacting Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504-2614, phone (360) 753-3697, fax (360) 586-8233, e-mail Christine.Fox@wsp.wa.gov.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: August 2, 2005.

Paul S. Beckley

for John R. Batiste

Chief

OTS-8012.1

NEW SECTION
WAC 204-41-080   Commercially recognized delivery vehicles.   Operators of commercially recognized delivery vehicles making frequent stops when traveling wholly within the limits of a town of less than ten thousand population, traveling less than one mile between stops on roads with a posted speed limit not greater than thirty-five miles per hour, while actually on a designated delivery route are not required to wear a seat belt system. Seat belt use is required when traveling to and from the designated route.

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