WSR 03-06-014

EMERGENCY RULES

DEPARTMENT OF TRANSPORTATION


[ Filed February 21, 2003, 8:59 a.m. ]

Date of Adoption: February 20, 2003.

Purpose: To add an approved vehicle type, to those approved for travel in high occupancy vehicle lanes.

Citation of Existing Rules Affected by this Order: Amending WAC 468-510-010.

Statutory Authority for Adoption: RCW 46.61.165 and 47.52.025.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: About five years ago, WAC 468-510-010 was adopted to prescribe by rule the types of vehicles authorized to use high occupancy vehicle lanes. The Department of Transportation recently determined that the use of such lanes by law enforcement vehicles significantly enhances enforcement, emergency response, and incident management activities. Thus, an emergency rule is necessary so that these vehicles may immediately use high occupancy vehicle lanes when performing these activities.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

February 19, 2003

John F. Conrad

Assistant Secretary

OTS-6205.1


AMENDATORY SECTION(Amending Order 178, filed 6/1/98, effective 7/2/98)

WAC 468-510-010   High occupancy vehicles (HOVs).   Pursuant to RCW 46.61.165 and 47.52.025, the department has reserved portions of interstate highways, state highways, and ramps, as HOV lanes for the exclusive use of public transportation vehicles or private motor vehicles with the number of occupants specified on signs. Motor vehicles authorized to use HOV lanes are:

(1) Rubber tired municipal transit vehicles conforming to RCW 46.04.355.

(2) Buses with a carrying capacity of sixteen or more persons, including the operator.

(3) Motorcycles conforming to RCW 46.04.330.

(4) Recreational vehicles with the number of occupants specified on signs.

(5) Official marked law enforcement vehicles equipped with emergency lights and siren, issued by a state, local or county law enforcement agency and operated by an on-duty state patrol, local, or county law enforcement personnel.

(6) All other vehicles with the number of occupants specified on signs, except that trucks in excess of 10,000 lb. G.V.W. are prohibited from the use of HOV lanes regardless of the number of occupants. Tow trucks that would be otherwise prohibited because of weight or number of occupants may use HOV lanes when en route to an emergency on a specific roadway or roadside.

[Statutory Authority: Chapters 34.05 and 34.08 RCW. 98-12-062 (Order 178), 468-510-010, filed 6/1/98, effective 7/2/98.]

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