Prefiled 12/27/13. Read first time 01/13/14.   Referred to Committee on Transportation.

     AN ACT Relating to provisions governing commercial motor vehicles; and amending RCW 46.37.140, 46.48.170, and 46.61.350.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.37.140 and 1977 ex.s. c 355 s 12 are each amended to read as follows:
     ((Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in RCW 46.37.020, two red lamps, visible from a distance of at least five hundred feet to the rear, two red reflectors visible at night from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps, and located so as to indicate maximum width, and on each side one red lamp, visible from a distance of at least five hundred feet to the side, located so as to indicate maximum overhang. There shall be displayed at all other times))
     (1) On any vehicle having a load ((which)) that extends more than four inches beyond its sides or more than four feet beyond its rear, there must be displayed red or orange fluorescent warning flags, not less than ((twelve)) eighteen inches square, marking the extremities of such loads((, at each point where a lamp would otherwise be required by this section, under RCW 46.37.020)).
     (2) Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there must be displayed at the extreme rear end of the load at the times specified in RCW 46.37.020:
     (a) Two red lamps, visible from a distance of at least five hundred feet to the rear;
     (b) Two red reflectors, visible at night from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps, and located so as to indicate maximum width; and
     (c) A red lamp on each side, visible from a distance of at least five hundred feet to the side, and located so as to indicate maximum overhang.

Sec. 2   RCW 46.48.170 and 1988 c 81 s 19 are each amended to read as follows:
     (1) The Washington state patrol acting by and through the chief of the Washington state patrol ((shall have)) has the authority to adopt and enforce the regulations promulgated by the United States department of transportation, ((Title)) 49 C.F.R. Parts 100 through 199, transportation of hazardous materials, as these regulations apply to motor carriers offering, accepting, storing, or transporting hazardous materials and to persons that inspect, certify, test, or repair cargo tank motor vehicles. "Motor carrier" means any person engaged in the transportation of passengers or property operating interstate and intrastate upon the public highways of this state, except ((farmers)) certain agricultural operations as outlined in 49 C.F.R. Sec. 173.5.
     (2) The chief of the Washington state patrol ((shall)) may confer with the emergency management council under RCW 38.52.040 and may make rules and regulations pertaining thereto, sufficient to protect persons and property from unreasonable risk of harm or damage. The chief of the Washington state patrol ((shall)) may establish such additional rules not inconsistent with ((Title)) 49 C.F.R. Parts 100 through 199, transportation of hazardous materials, which for compelling reasons make necessary the reduction of risk associated with the transportation of hazardous materials.
     (3) No such rules may lessen a standard of care; however, the chief of the Washington state patrol may, after conferring with the emergency management council, establish a rule imposing a more stringent standard of care. The chief of the Washington state patrol ((shall)) must appoint the necessary qualified personnel to carry out the provisions of ((RCW 46.48.170 through 46.48.190)) this chapter.

Sec. 3   RCW 46.61.350 and 2011 c 151 s 6 are each amended to read as follows:
     (1)(a) The driver of any of the following vehicles must stop before the stop line, if present, and otherwise within fifty feet but not less than fifteen feet from the nearest rail at a railroad grade crossing unless exempt under subsection (3) of this section:
     (i) A school bus or private carrier bus carrying any school child or other passenger;
     (ii) A commercial motor vehicle transporting passengers;
     (iii) A cargo tank, whether loaded or empty, used for transporting any hazardous material as defined in the hazardous materials regulations of the United States department of transportation in 49 C.F.R. Parts 107 through 180 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section. For the purposes of this section, a cargo tank is any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis;
     (iv) A cargo tank, whether loaded or empty, transporting a commodity under exemption in accordance with 49 C.F.R. Part 107, Subpart B as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section;
     (v) A cargo tank transporting a commodity that at the time of loading has a temperature above its flashpoint as determined by the United States department of transportation in 49 C.F.R. Sec. 173.120 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section; or
     (vi) A commercial motor vehicle that is required to be marked or placarded with any one of the following classifications by the United States department of transportation in 49 C.F.R. Part 172 as it existed on June 10, 2010, or such subsequent date as may be provided by the state patrol by rule, consistent with the purposes of this section:
     (A) Division 1.1, Division 1.2, Division 1.3, or Division 1.4;
     (B) Division 2.1, Division 2.2, Division 2.2 oxygen, Division 2.3 poison gas, or Division 2.3 chlorine;
     (C) Division 4.1 or Division 4.3;
     (D) Division 5.1 or Division 5.2;
     (E) Division 6.1 poison;
     (F) Class 3 combustible liquid or Class 3 flammable;
     (G) Class 7;
     (H) Class 8.
     (b) While stopped, the driver must listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train. The driver may not proceed until he or she can do so safely.
     (2) After stopping at a railroad grade crossing and upon proceeding when it is safe to do so, the driver must cross only in a gear that permits the vehicle to traverse the crossing without changing gears. The driver may not shift gears while crossing the track or tracks.
     (3) This section does not apply at any railroad grade crossing where:
     (a) Traffic is controlled by a police officer or flagger.
     (b) A functioning traffic control signal is transmitting a green light.
     (c) The tracks are used exclusively for a streetcar or industrial switching purposes.
     (d) The utilities and transportation commission has approved the installation of an "exempt" sign in accordance with the procedures and standards under RCW 81.53.060.
     (e) The crossing is abandoned and is marked with a sign indicating it is out-of-service.
     (f) The ((state patrol)) utilities and transportation commission has((, by rule,))identified a crossing where stopping is not required under RCW 81.53.060.
     (((g) The superintendent of public instruction has, by rule, identified a circumstance under which a school bus or private carrier bus carrying any school child or other passenger is not required to stop.))
     (4) For the purpose of this section, "commercial motor vehicle" means: Any vehicle with a manufacturer's seating capacity for eight or more passengers, including the driver, that transports passengers for hire; any private carrier bus; any vehicle used to transport property that has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 pounds) or more; and any vehicle used in the transportation of hazardous materials as defined in RCW 46.25.010.