WSR 97-10-068

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed May 5, 1997, 10:20 a.m.]

Date of Adoption: May 4, 1997.

Purpose: Maintenance and updating of rules adopted to encourage highway safety and uniform traffic laws for local authorities.

Citation of Existing Rules Affected by this Order: Repealing WAC 308-330-121, 308-330-123, 308-330-329 and 308-330-375; and amending WAC 308-330-197, 308-330-200, 308-330-300, 308-330-305, 308-330-307, 308-330-316, 308-330-322, 308-330-370, 308-330-400, 308-330-406, 308-330-408, 308-330-415, 308-330-421, 308-330-425, 308-330-436, 308-330-462, and 308-330-800.

Statutory Authority for Adoption: RCW 46.90.010.

Adopted under notice filed as WSR 97-07-015 on March 11, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 17, repealed 4.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 17, repealed 4.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 17, repealed 4; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

May 1, 1997

Evelyn P. Yenson

Director

AMENDATORY SECTION (Amending WSR 94-23-029, filed 11/8/94, effective 12/9/94)

WAC 308-330-197 RCW sections adopted--Off-road and nonhighway vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.020, 46.09.040, 46.09.120, 46.09.130, 46.09.140, 46.09.180, and 46.09.190.

[Statutory Authority: RCW 46.90.010. 94-23-029, 308-330-197, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-197, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-200 RCW sections adopted--Snowmobiles. The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.010, 46.10.020, 46.10.090, 46.10.100, 46.10.110, 46.10.120, 46.10.130, 46.10.140, and 46.10.190.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-200, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-300 RCW sections adopted--Certificates of ownership and registrations. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle certificates of ownership and registrations as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.005, 46.12.070, 46.12.080, 46.12.101, 46.12.102, 46.12.160, 46.12.210, 46.12.215, 46.12.220, 46.12.250, 46.12.260, 46.12.270, 46.12.300, 46.12.310, 46.12.320, 46.12.330, 46.12.340, 46.12.350, and 46.12.380.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-300, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-300, filed 11/13/95, effective 12/14/95; 94-23-029, 308-330-300, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-300, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-305 RCW sections adopted--Vehicle licenses. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.16.010, 46.16.011, 46.16.022, 46.16.023, 46.16.025, 46.16.028, 46.16.030, 46.16.048, 46.16.068, 46.16.088, 46.16.090, 46.16.135, 46.16.140, 46.16.145, 46.16.160, 46.16.170, 46.16.180, 46.16.240, 46.16.260, 46.16.290, 46.16.307, 46.16.316, 46.16.350, 46.16.381, 46.16.390, 46.16.500, 46.16.505, ((section 11, chapter 225, Laws of 1996, and RCW)) 46.16.560, 46.16.585, 46.16.595, 46.16.630, 46.16.640, and 46.16.680.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-305, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-305, filed 11/13/95, effective 12/14/95; 94-01-082, 308-330-305, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-307 RCW sections adopted--Driver licenses-identicards. The following sections of the Revised Code of Washington (RCW) pertaining to driver licenses and identification cards as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.021, 46.20.022, 46.20.025, 46.20.027, 46.20.031, 46.20.041, 46.20.045, 46.20.055, 46.20.070, 46.20.190, 46.20.220, 46.20.308, 46.20.336, 46.20.338, 46.20.342, 46.20.343, 46.20.344, 46.20.391, 46.20.394, 46.20.410, 46.20.420, 46.20.430, 46.20.500, 46.20.510, 46.20.550, 46.20.750, and 46.20.3101.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-307, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-307, filed 11/13/95, effective 12/14/95; 94-23-029, 308-330-307, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-307, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-316 RCW sections adopted--Vehicle lighting and other equipment. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.193, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.423, 46.37.424, 46.37.425, 46.37.430, 46.37.435, 46.37.440, 46.37.450, 46.37.460, 46.37.465, 46.37.467, 46,37.470, 46.37.480, 46.37.490, 46.37.495, 46.37.500, 46.37.510, 46.37.513, 46.37.517, 46.37.518, 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590, 46.37.600, 46.37.610, 46.37.620, and ((section 12, chapter 225, Laws of 1996)) 46.37.630.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-316, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-316, filed 11/13/95, effective 12/14/95; 94-01-082, 308-330-316, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-322 RCW sections adopted--Transportation of hazardous materials. The following section of the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) pertaining to transportation of hazardous materials as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.48.170, 46.48.175 and 46.48.185 and chapter 446-50 WAC.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-322, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-370 Stolen and abandoned vehicles--Reports of--Recovery, report required, penalty--Disposition. It shall be the duty of the chief of police to report immediately to the chief of the Washington state patrol all motor vehicles reported to them as stolen or recovered, upon forms to be provided by the chief of the Washington state patrol.

In the event that any motor vehicle reported as stolen has been recovered, failure of the person so reporting the same as stolen to report the recovery thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction.

It shall be the duty of the chief of police to report to the chief of the Washington state patrol all vehicles or automobile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforcement officer, be placed in the custody of a ((registered disposer)) tow truck operator registered pursuant to chapter 46.55 RCW.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-370, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 96-13-089, filed 6/19/96, effective 7/20/96)

WAC 308-330-400 Provisions of chapter refer to vehicles upon highway--Exception. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section;

(2) The provisions of RCW 46.52.010, 46.52.020, 46.52.030, 46.52.070, 46.52.080, 46.52.090, and 46.61.500 through ((46.61.508)) 46.61.530 shall apply upon highways and elsewhere throughout the jurisdiction of the local authority.

[Statutory Authority: RCW 46.90.010. 96-13-089, 308-330-400, filed 6/19/96, effective 7/20/96; 94-23-029, 308-330-400, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-400, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 95-23-042, filed 11/13/95, effective 12/14/95)

WAC 308-330-406 RCW sections adopted--Abandoned, unauthorized, and junk vehicle tow truck operators. The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow truck operators as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.55.010, 46.55.020, 46.55.025, ((46.55.030,)) 46.55.035, 46.55.037, 46.55.040, 46.55.050, 46.55.060, 46.55.063, 46.55.070, 46.55.080, 46.55.085, 46.55.090, 46.55.100, 46.55.105, 46.55.110, 46.55.113, 46.55.120, 46.55.130, 46.55.140, 46.55.150, 46.55.160, 46.55.170, 46.55.230, and 46.55.240((, and 46.55.910)).

[Statutory Authority: RCW 46.90.010. 95-23-042, 308-330-406, filed 11/13/95, effective 12/14/95; 94-01-082, 308-330-406, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-408 RCW sections adopted--Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015, 46.61.020, 46.61.021, 46.61.022, 46.61.024, 46.61.025, 46.61.030, 46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.072, 46.61.075, 46.61.080, and 46.61.085((, and 46.61.220)).

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-408, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-415 RCW sections adopted--Right of way. The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.100, 46.61.105, 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61.145, 46.61.150, 46.61.155, 46.61.160, 46.61.165, 46.61.180, 46.61.185, 46.61.190, 46.61.195, 46.61.200, 46.61.202, 46.61.205, 46.61.210, 46.61.215, 46.61.220, 46.61.230, 46.61.235, 46.61.240, 46.61.245, 46.61.250, 46.61.255, 46.61.260, 46.61.261, 46.61.264, 46.61.266, and 46.61.269.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-415, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-421 RCW sections adopted--Starting and stopping. The following sections of the Revised Code of Washington (RCW) pertaining to turning, starting, signals on stopping and turning, and special stops as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290, 46.61.295, 46.61.300, 46.61.305, 46.61.310, 46.61.315, 46.61.340, 46.61.345, 46.61.350, 46.61.355, 46.61.365, 46.61.370, 46.61.371, 46.61.372, 46.61.375, 46.61.380, and 46.61.385.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-421, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 95-23-042, filed 11/13/95, effective 12/14/95)

WAC 308-330-425 RCW sections adopted--Reckless driving, vehicular homicide and assault. The following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, 46.61.5054, 46.61.5055, 46.61.5057, 46.61.5058, 46.61.506, 46.61.517, 46.61.519, 46.61.5191, 46.61.5195, 46.61.525, 46.61.527, 46.61.530, 46.61.535, and 46.61.540((, 46.61.5054, 46.61.5055, 46.61.5057, and 46.61.5058)).

[Statutory Authority: RCW 46.90.010. 95-23-042, 308-330-425, filed 11/13/95, effective 12/14/95; 94-23-029, 308-330-425, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-425, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-436 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the principle purpose of:

(a) Displaying advertising;

(b) Displaying such vehicle for sale;

(c) Selling merchandise from such vehicle, except when authorized.

(2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-436, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-462 RCW sections adopted--Stopping, standing, and parking. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.560, 46.61.570, 46.61.575, 46.61.581, 46.61.582, 46.61.583, 46.61.585, 46.61.587, and 46.61.590.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-462, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-800 RCW sections adopted--Traffic control devices. The following sections of the Revised Code of Washington (RCW) pertaining to traffic control devices as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 47.36.005, 47.36.060, 47.36.110, 47.36.180, 47.36.200, ((and)) 47.36.210, 47.36.220, and 47.36.230.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-800, filed 12/13/93, effective 7/1/94.]

AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)

WAC 308-330-825 RCW sections adopted--Littering. The following section of the Revised Code of Washington (RCW) pertaining to littering as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 70.93.030, 70.93.050, 70.93.060, and 70.93.097.

[Statutory Authority: RCW 46.90.010. 94-01-082, 308-330-825, filed 12/13/93, effective 7/1/94.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 308-330-121 Department.

WAC 308-330-123 Director.

WAC 308-330-329 RCW sections adopted--Rental car businesses.

WAC 308-330-375 Disposition of abandoned junk motor vehicles.

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