WSR 03-16-106

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed August 6, 2003, 10:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-06-014.

Title of Rule: Law enforcement use of high occupancy lanes.

Purpose: To allow official, on duty law enforcement vehicles to use high occupancy lanes.

Statutory Authority for Adoption: RCW 46.61.165 and 47.52.025.

Statute Being Implemented: Chapters 46.61 and 47.52 RCW.

Summary: WAC 468-510-010.

Reasons Supporting Proposal: The use of high occupancy lanes by official, on duty law enforcement vehicles will significantly enhance high occupancy lane enforcement. It will also improve law enforcement emergency response time and improve incident management.

Name of Agency Personnel Responsible for Drafting: Mike Dornfeld, Olympia, Washington, (360) 705-7288; Implementation and Enforcement: Toby Rickman, Olympia, Washington, (360) 705-7280.

Name of Proponent: Department of Transportation, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule change will allow official, on duty law enforcement vehicles to use high occupancy lanes. The use of high occupancy lanes by official, on duty law enforcement vehicles will significantly enhance high occupancy lane enforcement. It will also improve law enforcement emergency response time and improve incident management.

Proposal Changes the Following Existing Rules: This proposal modifies WAC 468-510-010. This WAC describes the vehicle types that are allowed to legally use high occupancy lanes. This rule change will allow another type of vehicles to legally use high occupancy vehicle lanes.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no small business effect by this rule.

RCW 34.05.328 does not apply to this rule adoption. The proposed change does not meet the requirements of RCW 34.05.328.

Hearing Location: Washington State Department of Transportation, Commission Board Room, 310 Maple Park Avenue S.E., Olympia, WA 98501, on September 25, 2003, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact TDD (800) 833-6388.

Submit Written Comments to: Toby Rickman, Washington State Department of Transportation, P.O. Box 47344, Olympia, WA 98504, fax (360) 705-6826, by September 1, 2003.

Date of Intended Adoption: September 25, 2003.

August 4, 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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