PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: Tow trucks -- Permitting for oversize and overweight tows, this rule making will amend WAC 468-38-265.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.090 and 46.44.0941 (as amended in the 58th legislature 2004 regular session).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Permitting a vehicle(s) to tow or haul another vehicle that creates an overweight and/or oversize load can have a significant impact on the safety and operation of surrounding traffic and the infrastructure. Rules, as provided for in RCW, are necessary to reduce the impacts to surrounding traffic and the infrastructure. In addition, the current rules will no longer be consistent with the amended RCW, requiring rule changes to meet the amended RCW and a title modification for greater accuracy.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Enforcement of the rule is the responsibility of the Washington State Patrol (WSP). Department representatives will meet with the Commercial Vehicle Division of the WSP in order to get concurrence on the new rules.
Process for Developing New Rule: Negotiated rule making, this will be a negotiated rule making between the department, the tow truck industry, and the WSP.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Barry Diseth, Motor Carrier Services, Department of Transportation, P.O. Box 47367, Olympia, WA 98504-7367, phone (360) 705-7805, fax (360) 705-6836, e-mail disethb@wsdot.wa.gov.
April 15, 2004
John F. Conrad
Assistant Secretary
Engineering and Operations