WSR 98-20-092

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION

[Filed October 7, 1998, 9:52 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-17-076.

Title of Rule: WAC 468-300-700 Preferential loading.

Purpose: The purpose of this rule is to streamline and update the current preferential loading WAC to make it current with changing state policies and enabling legislation.

Statutory Authority for Adoption: RCW 47.56.030, 47.60.140, and 47.60.326.

Statute Being Implemented: RCW 47.56.030 and 47.60.326.

Summary: The proposed rule will revise the order of priority for preferential loading privileges on vessels operated by Washington State Ferries (WSF), amending WAC 468-300-700.

Reasons Supporting Proposal: Response to changing legislative and WSF customer needs.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Raymond G. Deardorf, Washington State Ferries, 801 Alaskan Way, Seattle, WA 98104, (206) 515-3491.

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to streamline and update the current preferential loading WAC to make it current with changing state policies, enabling legislation and WSF customer needs. No major effects are anticipated.

Proposal Changes the Following Existing Rules: The proposed rule changes the existing rule by providing clarification and enhancement of the preferential loading categories for travel aboard WSF vessels.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered this rule and determined that it does not affect more than 10% of one industry or 20% of all industry.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Transportation Building, Board Room 1D2, Olympia, WA 98504, on November 18, 1998, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Transportation Commission Office by November 17, 1998, TDD (360) 705-7070.

Submit Written Comments to: Ed Johnson, Transportation Planning Specialist, Washington State Ferries, fax (206) 515-3499, by November 17, 1998.

Date of Intended Adoption: November 18, 1998.

October 7, 1998

Chris R. Rose, Administrator

Transportation Commission



AMENDATORY SECTION (Amending WSR 93-18-006, [96-05-048], filed 8/19/93 [2/16/96], effective 9/19/93 [3/18/96])



WAC 468-300-700  Preferential loading. In order to protect public health, safety and commerce; to encourage more efficient use of the ferry system; and to reduce dependency on single occupant private automobiles:

(1) Preferential loading privileges on vessels operated by Washington State Ferries (WSF), exempting vehicles from the standard first-come first-served rule, shall be granted in the order of priority set forth below:

a) Emergency vehicles involved in or returning from their particular operations, and medical personnel traveling to unscheduled emergency calls (but not when returning from such calls, and not when traveling to or from their place of employment or to or from operations or procedures, whether emergency or not, which are scheduled enough in advance to allow ferry travel without preferential loading);

a) An emergency medical vehicle, medical unit, aid unit, or ambulance dispatched to and returning from an emergency or non-emergency call while in service. Up to one additional vehicle may accompany a qualifying emergency medical vehicle or authorized med-evac when going to but not when returning from an emergency.

b) A public police or fire vehicle only when responding to an emergency call but not when returning from either an emergency or a non-emergency call. However, these vehicles will receive priority loading when they are returning from either an emergency or non-emergency call to Vashon and the San Juan Islands.

c) A public utility or public utility support vehicle only when responding to an emergency call but not when returning from either an emergency or a non-emergency call.

b) Vehicles transporting persons with severe illnesses or severe disabilities such that the delay in loading which would otherwise cause health risks to those persons;

d) Where a vehicle occupant states that an extended wait would cause detrimental health risks to a vehicle occupant, that vehicle will be allowed preferential loading whenever the afflicted occupant has provided a medical form certified by a physician that such preferential loading is required.

However, when that vehicle occupant has not submitted the proper medical form, preferential loading will be permissible based upon appropriate terminal staff determination.

c) Public or pupil transportation vehicles owned or operated by public or private transportation operators providing transit or charter service under a certificate of public convenience and necessity issued by the utilities and transportation commission of the state of Washington or owned and operated by a local school district or private school system;

e) A visibly marked school vehicle owned, operated, or sponsored by a school when operating on regular schedules pre-approved by the WSF or when advance notice is provided to each affected WSF terminal. (as defined by RCW 28A 150.010 [K-12], RCW 28A 150.020 [public schools], RCW 28A 195.010 [K-12 private schools], and RCW 28B 195.070 [secondary schools]).

f) A visibly marked, pre-approved or regularly scheduled publicly or privately owned public transportation vehicle operating under a Washington State Utilities and Transportation Commission Certificate for Public Convenience and Necessity (as defined by RCW 81.68.010 [regular route/fixed termini], RCW 81.70.010 [charter and excursion]).

g) A visibly marked non-profit or publicly supported transportation vehicle having provided each affected WSF terminal with advance notice and displaying a WSF permit making it readily identifiable as a public transportation vehicle. (as defined in RCW 81.66 [private non-profit special needs].)

h) A visibly marked and randomly scheduled private for profit transportation vehicle.*.* operating under a Washington State Utilities and Transportation Commission Certificate for Public Convenience and Necessity traveling on routes where WSF is the only major access for land-based traffic only when that private for profit transportation vehicle has provided each affected WSF terminal with a pre-approved schedule and/or advanced notice of it's proposed sailing(s). (.*.*as defined by RCW 81.68 [regular route/fixed termini], RCW 81.70 [charter and excursion], RCW 81.66 [private non-profit special needs], RCW 46.72.)

d) Commuter vanpools which are certified in the manner set forth in WAC 568-300-020;

e) Commuter car pools which shall consist of a minimum number of persons as determined by ferry system management; and such minimum number shall in no case be less than three; and a formal registration system may be required by ferry system management;

i) A ridesharing vehicle transporting a minimum of three elderly and/or disabled riders or two elderly and/or disabled riders and an attendant displaying a WSF Rideshare Registration Program permit only when the operator of that vehicle has provided each affected WSF terminal with advanced notice of its proposed sailing(s) (as defined by RCW 46.74.010.2 [ride sharing for persons with special transportation needs]).

j) A visibly marked, public rideshare vehicle owned by a transit agency and leased out to members of the public through the transit agency's registration program only when the operator of that vehicle has provided each affected WSF terminal with advanced notice of its proposed sailing(s) (as defined by RCW 46.74.010.1 [commuter ride sharing]).

k) A privately owned commuter rideshare vehicle that visibly displays WSF approved identification markings readily identifiable by the public. There must be a minimum of three occupants in any such vehicle to receive preferential loading. Any such rideshare vehicle must be registered and in good standing in the WSF Rideshare Registration Program (as defined by RCW 46.74.010.1 [commuter ride sharing]).

f) l) Specific to the Anacortes-San Juan Islands routes, a vehicle carrying livestock where such livestock (i) is raised for commercial purposes and is Recognized by the Department of Agriculture, County Agriculture Soil and Conservation Service, as raised on a farm; or (ii) is traveling to participate in a 4H event sanctioned by a county extension agent.

m) Specific to the Seattle-Bainbridge ferry route, where a vehicle occupant claims that an extended wait would cause detrimental health risks to their livestock en-route to veterinarian services not available in the local community, that vehicle will be allowed preferential loading whenever the vehicle occupant has provided a medical form certified by a veterinarian that such preferential loading is required.

g) Commercial vehicles traveling on routes where Washington state ferries is the only major access for land-based traffic, provided that the vehicles are carrying wholesale perishable article(s) of commerce to be bought or sold in commercial activity or to be used in the production of other such articles;

n) Specific to the Anacortes-San Juan Islands Routes, a vehicle 20 ft. and over in length and 10,000 lbs. or greater in weight provided that the vehicle is carrying articles(s) of commerce for purchase or sale in commercial activity.

h) o) An oversized or overweight vehicle (20 ft. and over in length, and/or over 8 1/2 ft. in width, and 80,000 lbs. or greater in weight) requiring transport at special times due to tidal conditions, vessel assignments, or availability of space.

p) A scheduled bicycle group as determined by WSF only when a representative of that group has provided WSF with advanced notice of the proposed travel schedule.

i) Specific to the Mukilteo-Clinton ferry route, vehicles engaged in the delivery of U.S. mail. Vehicles must have documentation from the U.S. Postal Service showing they are in the actual process of delivering mail.

q) Specific to the Fauntleroy-Vashon, Seattle-Bainbridge, Mukilteo-Clinton, and Anacortes-San Juan ferry routes, any mail delivery vehicle with proper documentation from the U.S. Postal Service showing that such vehicle is in the actual process of delivering mail.

r) Preferential loading may be granted for vehicles carrying passengers needing to attend to a family member subject to risk of physical threat/harm or medical emergencies which requires the customer's timely access to the vessel's destination.

(2) Preferential loading privileges shall be subject to the following conditions:

a) Privileges shall be granted only where physical facilities are deemed by ferry system WSF management to be adequate to allow granting the privilege and achieving an efficient operation.

b) Subject to specified exceptions, documentation outlining qualifications for preferential loading and details of travel will be required in advance from all agencies, companies, or individuals requesting such privileges.

c) Privileges may be limited to specified time periods as determined by ferry system WSF management.

d) Privileges may require a minimum frequency of travel, as determined by ferry system WSF management.

e) Privileges may be limited to a specific number of vehicle deck spaces and passenger capacity for any one sailing. and

f) Privileges may require arriving at the ferry terminal a specified time prior to the scheduled sailing.

(3) To obtain more information about the documentation required and conditions imposed under subsection (2) of this section, call WSF's general information number, (206) 464-6400, or a terminal on a route for which the preferential boarding right is requested.



[Statutory Authority: RCW 47.56.030 and 47.60.326. 96-05-048 (Order 81), § 468-300-700, filed 2/16/96, effective 3/18/96; 93-18-006, § 468-300-700, filed 8/19/93, effective 9/19/93; 87-12-005 (Order 61, Resolution No. 298), § 468-300-700, filed 5/21/87. Statutory Authority: RCW 47.60.326. 86-16-011 (Order 55, Resolution No. 273), § 468-300-700, filed 7/25/86. Statutory Authority: RCW 47.60.140. 80-09-056 (Order 57), § 468-300-700, filed 7/15/80.]



Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.



Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.



Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.



Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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