WSR 98-06-016

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION

[Filed February 20, 1998, 10:06 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-02-032.

Title of Rule: WAC 468-38-070 Maximums for oversize and overweight movements.

Purpose: To set maximum criteria for oversize and overweight vehicles and/or loads carried by vehicles, including height, width, length and weight. Also includes certain exceptions for reducible loads.

Statutory Authority for Adoption: RCW 46.44.090.

Statute Being Implemented: RCW 46.44.090.

Summary: Proposed revision would allow transporters of stacked empty apple bins, and ranchers transporting their own hay for their own consumption, to move these reducible loads at a height not to exceed fifteen feet on preapproved routes.

Reasons Supporting Proposal: Eliminates an economic hardship of making additional trips to transport the necessary cargo. The cargo is of a consistency that it poses no significant threat of damage to permanent overhead structures and the preapproved routes should all but eliminate the chance of hitting a structure and creating a debris hazard to other motorists.

Name of Agency Personnel Responsible for Drafting and Implementation: Barry Diseth, Motor Carrier Services, Washington State Department of Transportation, (360) 664-9497; and Enforcement: Captain Tim Erickson, Commercial Vehicles Division, Washington State Patrol, (360) 753-0302.

Name of Proponent: Washington State Department of Transportation, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule sets the maximum criteria for oversize and overweight vehicles and/or loads carried by vehicles, including height, width, length and weight. Also includes certain exceptions for reducible loads. Proposed revision would allow transporters of stacked empty apple bins, and ranchers transporting their own hay for their own consumption, to move these reducible loads at a height not to exceed fifteen feet on preapproved routes.

Proposal Changes the Following Existing Rules: Adds hay bales to reducible load exceptions in specific instances.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. Change affects ranchers transporting hay for their own consumption.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Transportation Building, Commission Boardroom 1D2, Olympia, Washington 98504, on April 9, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980.

Submit Written Comments to: Barry Diseth, Motor Carrier Services, P.O. Box 47367, Olympia, WA 98504-7367, FAX (360) 664-9440, by March 20, 1998.

Date of Intended Adoption: April 9, 1998.

February 19, 1998

Gerald E. Smith

Deputy Secretary, Operations

AMENDATORY SECTION (Amending WSR 96-23-003, filed 11/7/96, effective 12/8/96)

WAC 468-38-070 Maximums for special permits--Nonreducible. (1) Overwidth: 14 feet on any two-lane highway; 20 feet on any multiple-lane highway where a physical barrier serving as a median divider separates the oncoming and opposing traffic lanes; 32 feet on any multiple-lane undivided highway.

The regulations on movement of buildings are in WAC 468-38-360.

(2) Overheight: A load over 14 feet high must be moved by permit, but the permittee is to be governed by the clearance of overhead obstructions such as bridges, underpasses, wires, overhead signs and other objects. The issuance of a permit does not insure the route to be free of low overhead structures. It is the responsibility of the permittee to check the proposed route and detour when necessary. County or city road detours for this purpose require authorization from respective jurisdictions. Vehicles hauling empty apple bins, or ranchers hauling their own hay for their own livestock, may be issued permits to haul these respective loads up to 15 feet high on preapproved routes within a three-county area.

(3) Overlength: The permit will allow movement on routes on which the permittee can negotiate curves, interchanges, entrance and exit roadways and other obstacles. In all instances the general safety of the public is considered paramount.

(4) Overweight: 22,000 pounds on a single axle; 43,000 pounds on tandem axles. (RCW 46.44.091)