Date of Adoption: January 10, 2003.

     Purpose: To specify maximum speeds for the movement of loads requiring oversize/overweight special motor vehicle permits.

     Citation of Existing Rules Affected by this Order: Amending WAC 468-38-340.

     Statutory Authority for Adoption: RCW 46.44.090.

      Adopted under notice filed as WSR 02-23-087 on November 20, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Replaces emergency rule with identical language.
     Effective Date of Rule: January 10, 2003.

January 10, 2003

John F. Conrad

Assistant Secretary

Engineering and Operations

OTS-5822.1

AMENDATORY SECTION(Amending Order 31, Resolution No. 156, filed 8/20/82)

WAC 468-38-340   Speed limits.   (1) Unless otherwise stated, maximum speeds for vehicles, combination of vehicles, or vehicles and loads being operated under permit shall be as posted for trucks.

     (2) When travel on the roadway shoulder is required on a two-lane highway to allow overtaking traffic to pass, the speed will not exceed 25 miles per hour.

     (3) ((The)) If a speed limit ((contained)) is stated in a permit ((is listed as)) it becomes one of the conditions upon which the permit has been issued. This stated speed limit shall not be exceeded, but if a lower limit is posted on any highway, it shall take precedence. Violation of the speed limit ((contained)) stated in the permit will render the permit null and void.

     (((4) Speed limits shall be as follows:

     (a) On two-lane highways in rural areas, 45 miles per hour.

     (b) On multiple-lane highways (for all moves including 12-foot width), as posted.

     (c) On multiple-lane highways (for moves over 12-foot width), 50 miles per hour.))

[Statutory Authority: RCW 46.44.090. 82-18-010 (Order 31, Resolution No. 156), § 468-38-340, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-340, filed 12/20/78. Formerly WAC 252-24-357.]

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