WSR 01-18-088

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed September 5, 2001, 10:43 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-11-117.

     Title of Rule: Chapter 204-36 WAC, Authorized emergency vehicle permits.

     Purpose: To update and clarify the WAC.

     Statutory Authority for Adoption: RCW 46.37.005 and 46.37.194.

     Summary: This WAC chapter contains emergency vehicle permitting rules. These new proposed amendments will clarify the rules governing the permit procedures.

     Reasons Supporting Proposal: These new proposed amendments will clarify the rules governing the permit procedures.

     Name of Agency Personnel Responsible for Drafting: Ms. Carol Morton, P.O. Box 42614, Olympia, WA 98504, (360) 753-3697; Implementation: Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504, (360) 753-3697; and Enforcement: Captain Frederick Fakkema, P.O. Box 42614, Olympia, WA 98504, (360) 753-0306.

     Name of Proponent: Washington State Patrol Equipment and Standards Section, governmental.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Approve of the amendment.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Any person or company who wishes to have a vehicle registered as an authorized emergency vehicle must apply to the WSP for this classification. Amended language clarifies the process.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not needed.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: General Administration Building, WSP Commercial Vehicle, Conference Room, 210 11th Avenue S.W., Olympia, WA 98504, on October 10, 2001, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Mr. Mike Palios by October 8, 2001, TDD (360) 536-4270, or (360) 753-5966.

     Submit Written Comments to: Ms. Christine Fox, P.O. Box 42614, Olympia, WA 98504, fax (360) 586-8233, by October 8, 2001.

     Date of Intended Adoption: October 10, 2001.

September 4, 2001

Ronal W. Serpas

Chief

OTS-4851.1


AMENDATORY SECTION(Amending WSR 90-07-034, filed 3/15/90, effective 4/15/90)

WAC 204-36-030   Permit requirements.   (1) Any person, firm, corporation or municipal corporation desiring to have a vehicle registered as an authorized emergency vehicle pursuant to RCW 46.37.194 shall apply for such classification to the state patrol on forms provided by the patrol.

     (2) The applicant shall furnish the following information to the patrol:

     (a) A description of the specific geographic area in which the vehicle shall be used as an authorized emergency vehicle.

     (b) A description of the vehicle, to include, year, make, model, VIN, license number, and registered owner.

     (c) A description of the specific purposes for which the vehicle shall be used as an authorized emergency vehicle, funeral escorts, fire response, or other (describe in detail).

     (((c))) (d) An explanation of the nature and scope of the duties, responsibilities and authority of the vehicle operator which necessitate the ((vehicle's registration as)) need for vehicle to have an authorized emergency vehicle permit.

     (((d))) (e) A description of the emergency equipment to be used if the permit is granted.

     (((e))) (f) A listing of the names, addresses, birthdates, operator's license numbers and other identifying data as may be prescribed on the application form by the patrol, of all persons who will use the vehicle as an authorized emergency vehicle, and a completed applicant fingerprint card.

     (((f))) (g) Certification from each jurisdiction identified in (a) of this subsection that the vehicle is to be used as described. Such certification shall be by:

     (i) The chief law enforcement officer if the applicant is a law enforcement or security officer, or has funeral home, coroner, ambulance or other nonfire related duties.

     (ii) The fire chief if the vehicle is to be used for firefighting purposes.

     The certification shall state that a need exists in the jurisdiction for the vehicle to be used as described and that the certifier knows of no reason why the application should be denied.

Note: If the person making application is the chief law enforcement officer or the fire chief of the jurisdiction, certification must be made by the chief executive officer of the political subdivision of the jurisdiction.

     Upon satisfactory application the patrol may issue an emergency vehicle permit or permits which, when carried as required, are valid until expiration or cancellation as prescribed in WAC 204-36-070.

[Statutory Authority: RCW 46.37.194. 90-07-034, § 204-36-030, filed 3/15/90, effective 4/15/90; 88-15-052 (Order 88-08-ESR), § 204-36-030, filed 7/18/88. Statutory Authority: RCW 46.37.005 and 46.37.194. 79-02-085 (Order 7501A), § 204-36-030, filed 2/7/79; Order 7501, § 204-36-030, filed 11/25/75; Order 7301, § 204-36-030, filed 2/5/73.]


AMENDATORY SECTION(Amending WSR 90-07-034, filed 3/15/90, effective 4/15/90)

WAC 204-36-040   Permit limitations.   (1) A vehicle registered by the patrol shall not be used as an authorized emergency vehicle except as follows:

     (a) Only by the operators named in the original or amended application.

     (b) Only with the equipment described in the original or amended application.

     (c) Only within the geographic area described in the original or amended application.

     (d) Only for the purposes set forth in the original or amended application.

     (e) If being used for escort services, may be used only for funeral escorts.

     (2) If an authorized emergency vehicle is used for private purposes, or for purposes in an area or by an operator other than as set forth in the application, all emergency equipment which is exposed to public view shall be covered with an opaque hood, and shall not be operated during such period of time.

     (3) The issuance of an emergency vehicle permit does not relieve the driver ((of)) from the ((responsibility for using due care)) duty to drive with regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his disregard for the safety of others and ((caution in the operation of the)) does not grant police authority to the operators of said vehicle. ((The)) Any inappropriate or misuse of authorized emergency vehicles may result in criminal or civil liability as well as cancellation of the emergency vehicle permit.

[Statutory Authority: RCW 46.37.194. 90-07-034, § 204-36-040, filed 3/15/90, effective 4/15/90; 88-15-052 (Order 88-08-ESR), § 204-36-040, filed 7/18/88; Order 7301, § 204-36-040, filed 2/5/73.]


AMENDATORY SECTION(Amending WSR 90-07-034, filed 3/15/90, effective 4/15/90)

WAC 204-36-060   Procedure.   (1) If the patrol approves the application, it shall first issue a certificate of approval which shall be valid for thirty days, during which time the emergency equipment may be installed. After installation of the emergency equipment, the applicant shall bring the vehicle to a district or detachment office of the Washington state patrol to be examined to determine if it is of an approved type. A Washington state patrol officer shall certify the results of this examination on a form prescribed and provided by the patrol and the applicant shall file the form with the State Patrol, E.S.R. ((Section)) Unit, General Administration Building, ((Mailstop AS-12, Olympia, Washington 98504)) P.O. Box 42614, Olympia, WA 98504-2614. Upon receipt of such certification, the patrol shall issue a permit, which shall expire one year from the date of issuance thereof.

     (2) The patrol may refuse to approve the application, certificate or permit or in the case of an application which lists multiple operators may refuse to approve any single operator if the applicant/operator has been convicted of a felony during the ten years preceding the date of the application provided the felony for which the applicant was convicted directly relates to the specific occupation, trade, vocation, or business for which the certificate or permit is sought.

     (3) The certificate of approval and when issued, the permit, including all endorsements for change of conditions as provided in WAC 204-36-030, shall be carried in the authorized emergency vehicle at all times, and shall be displayed on request to any law enforcement officer.

[Statutory Authority: RCW 46.37.194. 90-07-034, § 204-36-060, filed 3/15/90, effective 4/15/90; 88-15-052 (Order 88-08-ESR), § 204-36-060, filed 7/18/88. Statutory Authority: RCW 46.37.005 and 46.37.194. 81-04-043 (Order 81-01-01), § 204-36-060, filed 2/3/81; 79-02-085 (Order 7501A), § 204-36-060, filed 2/7/79; Order 7301, § 204-36-060, filed 2/5/73.]

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