WSR 99-20-037

PREPROPOSAL STATEMENT OF INQUIRY

WASHINGTON STATE PATROL


[ Filed September 29, 1999, 1:23 p.m. ]

Subject of Possible Rule Making: Amendment to chapter 204-38 WAC, Flashing amber lamps.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.37.005 and 46.37.280.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: For the safety of rural newspaper carriers and the motoring public. This amendment will increase the visibility of vehicles being driven by rural newspaper carriers, particularly in inclement weather and during the hours of darkness.

Process for Developing New Rule: Request from some rural newspaper carriers.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ms. Carol Morton, Washington State Patrol, P.O. Box 42635, Olympia, WA 98504, phone (360) 412-8934, fax (360) 493-9090.

September 27, 1999

Annette M. Sandberg

Chief

OTS-3444.1


AMENDATORY SECTION(Amending WSR 94-17-167, filed 8/24/94, effective 9/24/94)

WAC 204-38-030
Definitions.

(1) "Flashing" lamps shall include those lamps which emit a beam of light which is broken intermittently and regularly by use of an electronic or electric switch, a rotating reflector, a rotating lamp, or a strobe lamp.

(2) "Other construction and maintenance vehicles" shall mean those vehicles owned or operated by a private company which is in the process of providing highway construction or maintenance services or is working in conjunction with any public utility.

(3) "Pilot cars" shall mean those vehicles which are used to provide escort for overlegal size loads upon the roadways of this state.

(4) "Public utilities vehicles" shall mean those vehicles used for construction, operations, and maintenance, and which are owned or operated by a public or private utility, including, but not limited to, companies providing water, electricity, natural gas, telephone, and television cable services, and railroads.

(5) "Tow trucks" shall mean those vehicle engaged in removing disabled or abandoned vehicles from the roadway and which are used primarily for that purpose.

(6) "Animal control vehicles" shall mean those vehicles, either publicly or privately owned, which are used primarily for transportation of animals to or from animal shelters, humane society facilities, or veterinary medicine facilities.

(7) "Hazardous materials response team vehicles" shall mean those vehicles either publicly or privately owned which are used for responding to hazardous materials incidents.

(8) "Search and rescue team((s)) vehicles" shall mean those vehicles either publicly or privately owned which are used for responding to search and rescue situations.

(9) "Rural newspaper carrier vehicles" shall mean those vehicles driven on rural roads by carriers delivering newspapers on their route.

[Statutory Authority: RCW 46.37.300.  94-17-167, 204-38-030, filed 8/24/94, effective 9/24/94; 92-11-032, 204-38-030, filed 5/15/92, effective 6/15/92.  Statutory Authority: RCW 46.37.280.  81-10-038 (Order 81-04-01), 204-38-030, filed 4/30/81; 80-06-083 (Order 80-05-2), 204-38-030, filed 5/28/80.]


AMENDATORY SECTION(Amending WSR 92-11-032, filed 5/15/92, effective 6/15/92)

WAC 204-38-040
Mounting of lamps.

One or more flashing amber lamps may be mounted on public utilities vehicles, other construction and maintenance vehicles, pilot cars, tow trucks, animal control vehicles, ((and)) hazardous materials response team vehicles, search and rescue team vehicles, and rural newspaper carrier vehicles.  The lamp(s) shall be mounted and shall be of sufficient intensity so as to be clearly visible to approaching traffic for at least five hundred feet in normal sunlight.

The provisions of WAC 204-72-030 and 204-72-040 shall be adhered to as they relate to the mounting of warning lamps.

[Statutory Authority: RCW 46.37.300.  92-11-032, 204-38-040, filed 5/15/92, effective 6/15/92.  Statutory Authority: RCW 46.37.280.  81-10-038 (Order 81-04-01), 204-38-040, filed 4/30/81; 80-06-083 (Order 80-05-2), 204-38-040, filed 5/28/80.]


AMENDATORY SECTION(Amending Order 88-02-ESR, filed 7/18/88)

WAC 204-38-050
Use of lamps.

Flashing amber lamps shall be used on the vehicles described in WAC 204-38-040 only when such vehicles are actually involved in construction, maintenance, or operations which require that warning be given to ensure the protection of the motoring public or the work crew.  Warning lamps shall not be illuminated while traveling to or from the site of operations.  For the purposes of tow truck operations, the site of operations shall be only that place where vehicles are attached to or detached from the tow truck.  Lamps on pilot cars shall be illuminated only while the vehicle is actually providing escort service. Lamps on rural newspaper delivery vehicles shall only be illuminated when the vehicle is traveling on the delivery route.

Nothing in this chapter shall relieve the operator of any vehicle from displaying any other light or warning device required by statute or regulation, and nothing herein shall permit any vehicle operator to disregard any traffic law.  To be considered approved equipment for use under the provisions of this section, all devices must meet the criteria established in RCW 46.37.320.  In descending order of preference, these are:

(1) Conformance to Federal Motor Vehicle Safety Standards, or, if none,

(2) Conformance to current standards and specifications of the Society of Automotive Engineers, or, if none,

(3) Certified for compliance by any recognized organization or agency such as, but not limited to, the American National Standards Institute, the Society of Automotive Engineers, or the American Association of Motor Vehicle Administrators.

[Statutory Authority: RCW 46.37.320.  88-15-055 (Order 88-02-ESR), 204-38-050, filed 7/18/88.  Statutory Authority: RCW 46.37.280.  81-10-038 (Order 81-04-01), 204-38-050, filed 4/30/81; 80-06-083 (Order 80-05-2), 204-38-050, filed 5/28/80.]

Washington State Code Reviser's Office