WSR 05-05-092

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION


[ Filed February 16, 2005, 8:53 a.m. ]

     Subject of Possible Rule Making: Rules governing the treatment of specialized mobile equipment, to include: Adoption of federal rule on equipment designated as "specialized" for interstate travel and the treatment of department designated "specialized equipment" for intrastate travel.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.44.090 as well as the anticipated passage of HB 1180 during the 2005 legislation session.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The category of "specialized mobile equipment" recognizes the unique aspects of design and use of certain vehicles used in interstate and intrastate travel. The rules will provide consistent administrative and enforcement treatment to both federal and state designated "specialized mobile equipment."

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Highway Administration; Washington State Patrol. Both agencies will be used as primary sources of information and feedback partners in the development of the rules.

     Process for Developing New Rule: Adoption of existing federal rule for interstate vehicles, and incorporating office policy and some negotiated rule making for intrastate designated vehicles.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Barry Diseth, Commercial Vehicle 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.

February 15, 2005

John F. Conrad

Assistant Secretary

Engineering and

Regional Operations

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