WSR 05-08-016

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed March 28, 2005, 10:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-05-093 [05-05-092].

Title of Rule and Other Identifying Information: Specialized mobile equipment, dealing with federal and state defined vehicles with specialized design and use.

Hearing Location(s): Transportation Building, Commission Board Room, 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504, on May 13, 2005, at 8:45 a.m.

Date of Intended Adoption: May 13, 2005.

Submit Written Comments to: Barry Diseth, P.O. Box 47367, Olympia, WA 98504-7367, e-mail disethb@wsdot.wa.gov, fax (360) 705-6836, by May 9, 2005.

Assistance for Persons with Disabilities: Contact Jessica Alexander by May 9, 2005, TTY (360) 705-7760 or fax (360) 705-6808.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This is a proposal to amend WAC 468-38-270 "Construction equipment" to a more expansive rule titled "Specialized mobile equipment." The amended rule will cover all specialized equipment as defined by the Federal Highway Administration and the Washington State Department of Transportation. The new rule adopts federal rule for specialized equipment used on the interstate, and also adopts current policy for those vehicles that, due to their unique design and use, exceed legal weight and/or dimension and must have a state oversize/overweight permit for intrastate operation.

The process for public involvement will consist of public notification in the Washington State Register with contact information for comments. In addition, the draft has been provided to various industry and regulatory entities for comment. The proposed rule has been discussed, and concurred in, with the Washington State Patrol and the Washington Trucking Associations.

To date there have been no negative comments or concerns that would otherwise require a response.

Reasons Supporting Proposal: The proposed rule change will dramatically aid in the administration and enforcement of movements of specialized mobile equipment. It will help ensure a consistent approach to interpreting what qualifies as "specialized" and the requirements that must be met to move these unique vehicles on state highways.

Statutory Authority for Adoption: RCW 46.44.090.

Statute Being Implemented: HB 1180.

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

Name of Proponent: WSDOT Traffic Division, Commercial Vehicle Services, governmental.

Name of Agency Personnel Responsible for Drafting: Barry Diseth, 921 Lakeridge Way S.W., Olympia, WA, (360) 705-7805; Implementation: Tim Erickson, 921 Lakeridge Way S.W., Olympia, WA, (360) 705-7343; and Enforcement: Captain Coral Estes, General Administration Building, 210 11th Street, Olympia, WA, (360) 753-0350.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The new rule adopts federal rule and current state policy on the movement of specialized equipment, without material change as referenced in RCW 34.05.310 (4)(c).

A cost-benefit analysis is not required under RCW 34.05.328. There are no new costs or revenues associated with this proposal. The rule will assist administrative, enforcement and stakeholder interpretations to be more consistent.

March 21, 2005

John F. Conrad, Assistant Secretary

Engineering and Regional Operations

OTS-7962.1


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

WAC 468-38-270   ((Construction)) Specialized mobile equipment.   ((Pursuant to RCW 46.44.091(3), permits may be issued to move equipment on approved highways whose single axle weight is not more than 45,000 pounds if operating on single pneumatic tires having a rim width of 20 inches or more and a rim diameter of 24 inches or more. If the vehicle has dual pneumatic tires, the rim width shall be at least 16 inches and the rim diameter shall be at least 24 inches.)) (1) Why are certain vehicles designated as specialized mobile equipment? Certain vehicles are designed and built for very unique functions other than transporting persons. The federal highway administration has classified some of these vehicles as specialized mobile equipment and set minimum and/or maximum parameters for the vehicle to operate legally. The department has adopted these specialized classifications and accepted or further defined the legal parameters for operation on state highways. In addition to federal rule, the department has also recognized certain specially designed vehicles that, by necessity, exceed one or more of the vehicle size and weight parameters. The department has also classified these over-legal vehicles as specialized mobile equipment in order to address their needs, via special permit, and provide a consistent administrative and enforcement treatment. This rule is not intended to encourage the development of vehicles that exceed the legal requirements of chapter 46.44 RCW. All vehicles exceeding legal requirements are subject to restricted access to the state highway network.

(2) What specialized equipment, including size parameters, can operate legally without a special permit? Listed in alphabetical order:

Automobile transporter: To be considered an automobile transporter, the power unit and the trailing unit must be modified to carry assembled automobiles. If the combination consists of a truck and stinger-steered trailing unit, the overall dimension for length can be up to seventy-five feet, plus a front overhang of three feet and rear overhang of four feet. A combination of tractor semi-trailer (traditional high mount) may have an overall dimension for length of sixty-five feet, plus three-foot front overhang and four-foot rear overhang.

Boat transporter: See automobile transporter.

Munitions carriers with dromedary equipment: A truck tractor equipped with a dromedary unit operating in combination with a semi-trailer transporting Class 1 explosives and/or any munitions related security material, as specified by the U.S. Department of Defense in compliance with 49 CFR 177.835, may have an overall dimension for length up to seventy-five feet.

(3) What specialized equipment, including size and weight parameters, can operate with special permit? Listed in alphabetical order:

Concrete pumper trucks: As a single unit fixed load vehicle, may exceed the legal weight limits up to the maximums established in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. Included with the fixed load are pumper hose extensions and a necessary volume of water to flush the system at the job site when the pumping process is complete.

Construction equipment: Equipment used primarily for off-road heavy construction activity may be permitted for use on designated highway segments up to the maximums established in RCW 46.44.091 when properly equipped for highway operation per chapter 46.37 RCW. Equipment delivered to a construction site may operate without permit on highway segments designated as part of the construction zone.

Cranes: As a single unit fixed load vehicle, may exceed the legal weight limits up to the maximums established in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. Cranes may be permitted with standard working components that are included within the rated capacity of the crane. A boom trailer or boom dolly will be permitted only when the boom is attached to the crane upper works, for the purpose of transferring load to meet weight requirements. A crane may be permitted with counterweights, outrigger assemblies, load block, hook and cable tension ball assembly also loaded on the boom trailer or boom dolly, as long as those components are included in the rated capacity of the crane and do not cause the vehicle to exceed permitted weight limits.

Well drilling trucks: As a single unit fixed load vehicle, may exceed the legal weight limits up to the maximums established in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. In addition to the fixed load, the vehicle may carry drill extensions.

(4) Can specialized mobile equipment tow a licensed vehicle used for commute purposes? A specialized self-propelled single unit vehicle registered as a fixed load, operating under a fixed load permit, and/or cranes operating under an oversize/overweight permit (exclusive of boom dollies or trailers), may be permitted to tow a vehicle with a gross vehicle weight rating not to exceed eight thousand pounds. The overall length of the combination must not exceed seventy-five feet. The towed vehicle must be used for the sole purpose of commuting to and from the job site where the specialized mobile equipment is in service.

(5) Does a specialized mobile vehicle operating under an overweight or fixed load permit receive any exemption from postings or restrictions placed on highway infrastructure? No. Specialized mobile equipment must not cross load-restricted infrastructure when the equipment, either as a result of gross weight, axle weight or tire loadings, exceeds the stated capacity of the posting or restriction.

[Statutory Authority: RCW 46.44.090. 82-18-010 (Order 31, Resolution No. 156), 468-38-270, filed 8/20/82. Formerly WAC 468-38-380. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-270, filed 12/20/78. Formerly WAC 252-24-336.]

Washington State Code Reviser's Office