WSR 06-05-113

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[ Docket No. TC-020497 -- Filed February 15, 2006, 10:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-12-020.

Title of Rule and Other Identifying Information: Chapter 480-30 WAC, Passenger transportation companies.

Hearing Location(s): Washington Utilities and Transportation Commission, Commission Hearing Room 206, 2nd Floor Chandler Plaza Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on March 29, 2006, at 3:00 p.m.

Date of Intended Adoption: March 29, 2006.

Submit Written Comments to: Carole J. Washburn, Secretary, P.O. Box 47250, Olympia, WA 98504-7250, e-mail records@wutc.wa.gov, fax (360) 586-1150, by March 9, 2006. Please include Docket No. TC-020497 in your comments.

Assistance for Persons with Disabilities: Contact Mary De Young by Monday, March 27, 2006, TTY (360) 586-8203 or (360) 664-1133.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal would repeal all current rules in chapter 480-30 WAC (except WAC 480-30-999, which is amended), repeal all rules in chapter 480-40 WAC, and consolidate the requirements for passenger transportation companies, including auto transportation companies, passenger charters, and excursion carriers into a single chapter by rewriting and reorganizing chapter 480-30 WAC and including provisions formerly contained in chapters 480-40 and 480-149 WAC.

Affected WACs are chapter 480-30 WAC (retitled and revised) and chapter 480-40 WAC (repealed).

Reasons Supporting Proposal: The proposed rules are intended to implement the requirements of Executive Order 97-02, requiring agencies to review significant rules for need; effectiveness and efficiency; clarity; intent and statutory authority; cost and fairness. The proposed rules are reasonable and necessary. The proposal repeals some existing rules that are no longer necessary, adds new rules, updates, and clarifies other rules to reflect current requirements and practices.

Statutory Authority for Adoption: RCW 80.01.040, 81.04.160, 81.12.050, 81.68.030, 81.70.270.

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

Name of Proponent: Washington utilities and transportation commission, governmental.

Name of Agency Personnel Responsible for Drafting: Bonnie L. Allen, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1310; Implementation and Enforcement: Carole J. Washburn, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504, (360) 664-1174.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Introduction: In May of 2002, the Washington utilities and transportation commission (commission) began a review of the rules in chapters 480-30 and 480-40 WAC regarding passenger transportation (bus) companies operating as charter carriers, excursion carriers, and auto transportation companies. The commission began this review in Docket No. TC-020497 in response to Executive Order 97-02, which requires agencies to review existing rules for readability and content with attention being paid to clarity, intent, statutory authority, need, effectiveness, efficiency, coordination, cost and fairness. The commission also conducted a general revision of the rules to analyze whether they provided the results they were originally intended to achieve and whether they are today consistent with appropriate and lawful policies in light of past commission decisions, legislative actions, and federal preemptions.

The commission held two informal stakeholder workshops with interested persons to discuss issues, draft rule language, receive comments, and explore options. Additional meetings held with smaller groups specifically focused on rate issues including free or reduced rates, promotional fares, rate flexibility, and fuel surcharges.

Commission staff prepared an issues paper and two sets of draft rules that were provided to stakeholders for comment during the CR-101 process. Written stakeholder comments have been helpful to clarify the intent of the proposed rules and effects of the proposed rules on the industry. The commission believes draft rules are now sufficiently developed to proceed to the next phase of the rule making. When issuing a notice of proposed rules, agencies must provide a copy of the small business economic impact statement (SBEIS) prepared under chapter 19.85 RCW, or explain why an SBEIS was not prepared. RCW 34.05.320 (1)(k).

SBEIS Requirements: The Regulatory Fairness Act, codified in chapter 19.85 RCW, provides that an agency must conduct an SBEIS "if the proposed rule will impose more than minor costs on businesses in an industry." RCW 19.85.030. An SBEIS is intended to assist agencies in evaluating any disproportionate impacts of the rule making on small businesses. A business is categorized as "small" under the Regulatory Fairness Act if the business employs fifty or fewer employees.

Under RCW 19.85.040(1), agencies must determine whether there is a disproportionate impact on small businesses in the industry, and under RCW 19.85.030(2), consider means to minimize the costs imposed on small businesses. In determining whether there is a disproportionate impact on small businesses, agencies must compare the cost of compliance for small businesses with the cost of compliance for the 10% of businesses that are the largest businesses required to comply with the rule using either the cost per employee, the cost per hour of labor, or the cost per $100 of sales revenue, as a basis for comparing costs. See RCW 19.85.040(1).

SBEIS Evaluation Procedure: The commission determined that an SBEIS is required for the passenger transportation (bus) company rules proposed in Docket No. TC-020497 because the proposed rules may impose more than minor costs on passenger transportation companies operating in Washington state.

Currently, approximately seventy-seven charter carriers, thirty-eight excursion carriers, and twenty-six auto transportation companies (includes airporters and scheduled bus service) hold certificates issued by the commission authorizing passenger transportation services in Washington state. The industry affected by these rules is represented under the following standard industrial classification (SIC) codes:

4111 Local and Suburban Transit: Establishments primarily engaged in furnishing local and suburban mass passenger transportation over regular routes and on regular schedules, with operations confined principally to a municipality, contiguous municipalities, or a municipality and its suburban areas. Also included in this industry are establishments primarily engaged in furnishing passenger transportation by automobile, bus, or rail to, from, or between airports or rail terminals, over regular routes, and those providing bus and rail commuter services.

4131 Intercity and Rural Bus Transportation: Establishments primarily engaged in furnishing bus transportation, over regular routes and on regular schedules, the operations of which are principally outside a single municipality, outside one group of contiguous municipalities, and outside a single municipality and its suburban areas charter bus transportation services are classified in Industry Group 414.

4142 Bus Charter Service, Except Local: Establishments primarily engaged in furnishing bus charter service, except local, where such operations are principally outside a single municipality, outside one group of contiguous municipalities, and outside a single municipality and its suburban areas.

Washington state department of revenue data and statistics show that a total of sixty-six taxpayers reported for 2004 under the three SIC codes combined and sixty-seven taxpayers reported under those same three SIC codes for 2003. Since the commission has issued seventy-seven certificates to charter carriers alone, at least some of the companies holding passenger transportation company certificates from the commission may be involved in other business activities and reported under a different SIC code group.

RCW 19.85.040(3) provides that an agency may survey a representative sample of affected businesses to obtain the information for developing an SBEIS. In this instance, the commission mailed a notice of opportunity to comment and an SBEIS questionnaire to each certificated passenger transportation company and other interested parties. The commission gave parties approximately thirty-four days to respond to the questionnaire. The commission believes that is adequate time to provide the information requested in the questionnaire. The notice asked each company to provide information about its expected costs of implementing the draft rules and to provide specific information for each draft rule that the company identifies as having an implementation cost.

Most of the passenger transportation companies did not respond to the questionnaire. It could be that companies are not small businesses, the companies as part of running a business already collect the required information, or if new information is collected the cost resulting from implementing the proposed rules would be minimal. The two companies that responded to the commission's SBEIS questionnaire are both small businesses as defined by the Regulatory Fairness Act. Those companies are:


SeaTac Shuttle, LLC, (SeaTac) d/b/a Vashon Shuttle, is an airporter service operating under an auto transportation company certificate. The company also holds certificates to provide both charter and excursion carrier services.
Bremerton Kitsap Airporter, Inc. d/b/a Fort Lewis/McChord Airporter/The Sound Connection, (BK Airporter) is an airporter service operating under an auto transportation company certificate.

Compliance Requirements of the Proposed Rules: Most of the language in the proposed rules is a restatement of current rules, current requirements, and current policies that result in no change in the cost of compliance. The SBEIS does not examine the existing costs of compliance but only new costs of compliance as a result of proposed new rules or changes in existing rules.

The two companies responding to the questionnaire identified thirty-five rules with cost impacts and the entire section of rules relating to the process of filing for a general rate increase in Section 7.

The rules and cost impacts identified by the responding companies are discussed below:

WAC 480-30-051 Mapping, auto transportation company.

Responding Companies: $500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule establishes standards for filed maps. The rule includes options including the use of the free Washington state highway map published by the Washington state department of transportation. Maps are an existing certificate application filing requirement for auto transportation companies.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-056 Records retention, auto transportation company.

Responding Companies: $50,000 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule requires companies to maintain general business records for three years and establishes other retention periods for other specific records. The rule does not establish new records or new record formats. The requirements of this rule relate to data that each company should already maintain in the normal course of running its business.

Conclusion: The rule establishes retention periods for records companies are already required to maintain. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-071 Reporting requirements.

Responding Companies: $2,500 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: RCW 81.04.080 and WAC 480-30-120 currently require auto transportation companies to file annual reports. Charter rules require charter and excursion carriers to state the number of vehicles operated, provide "other required information," and submit appropriate fees. The annual safety report described in this rule is the "other required information" the commission collects from charter and excursion carriers with each company's annual regulatory fee payment.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-086 Certificates, general. (3)

Responding Companies: $1,000 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

$500 per year - BK Airporter. The requirement to carry in each vehicle a copy of the operating authority, complete tariff and operating schedule is costly, time consuming and unnecessary. They must be stored in a binder, updated, and replaced when the vehicles are replaced or when changes are necessary to the three documents. Administration and copying costs are estimated to be $500 per year.

Discussion: The proposed rule would have required each company to carry a copy of its certificate authority on each vehicle operated. This is an existing requirement for charter and excursion carriers but not for auto transportation companies. The commission has revised the proposed rule and eliminated the requirement for all passenger transportation companies.

Conclusion: The proposed rule does not create new requirements. Removing the requirement that charter and excursion carriers maintain copies of their permits on each vehicle should result in a cost savings.

WAC 480-30-116 Certificates, application docket, protests, and intervention, auto transportation company. (2)

Responding Companies: $20,000 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Subsection (2) of the proposed rule reflects current commission practice regarding protests filed in auto transportation company certificate application proceedings. The commission has removed language in the proposed rule related to associations that file protests. Removing the language from the proposed rule does not eliminate an association's ability to file a protest but leaves the matter to be decided on a case-by-case basis as it is today.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-136 Certificates, application hearings, auto transportation company. (5)(d)

Responding Companies: $5,000 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule reflects current commission practice regarding information that it "may" consider in a certificate application filing when determining if territory is already served by another auto transportation company certificate holder.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-156 Certificates, temporary.

Responding Companies: Unknown cost - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule implements provisions of RCW 81.68.046 (SSB 5105, chapter 121, Laws of 2005). The new law allows the commission to grant temporary certificates to auto transportation companies. Filing for a temporary certificate is a new option that companies may chose to pursue instead of permanent authority. No company is required to file for a temporary certificate. The application filing fees and filing requirements for temporary certificates are established at a level consistent with those currently in place for permanent certificate applications.

Conclusion: The proposed rule creates a new option for companies to obtain certificate authority but maintains fees and filing requirements at current levels. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-191 Bodily injury and property damage liability insurance.

Responding Companies: $10,000 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule increases insurance minimums to a level established by the Federal Motor Carrier Safety Administration for interstate passenger motor carriers. Interstate passenger carriers and most intrastate charter and excursion carriers are already required to comply with the higher limits. The responding company holds a charter certificate and already maintains its insurance at the proposed higher limit ($5,000,000) for the size vehicles they operate. Two auto transportation companies appear to have insurance at $1,000,000 and will be required to increase their insurance coverage. The limit of $1,000,000 is higher than the current required minimum for the size vehicles they operate, but lower than the proposed new minimum of $1,500,000 and as a result they will be required to raise their insurance minimums.

Conclusion: 96% of the passenger transportation companies are already required to maintain insurance at the proposed higher limits. While there may be a cost impact for those companies that do not currently maintain insurance at the higher limits, the commission believes it is a justified cost that is necessary to bring state insurance minimums up to federal levels and to establish a consistent public safety standard for vehicles operated into, out of, through, and within Washington state.

WAC 480-30-216 Operation of motor vehicles, general. (2)

Responding Companies: $1,000 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Current rules require auto transportation companies to include governing rules (including baggage rules) in each filed tariff. Subsection (2) of the proposed rule clarifies baggage information that an auto transportation company must include in its tariff rules. The proposed rule does not require auto transportation companies to inspect baggage.

Conclusion: The proposed rule clarifies information for governing rules that a company must already include in its filed tariff. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-216 Operation of motor vehicles, general. (7)

Responding Companies: $500 - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Current rules require auto transportation companies to post "no smoking" signs.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-231 Vehicle and driver identification.

Responding Companies: Unknown cost - SeaTac Shuttle. The company provided no information about its basis for a cost impact or how it calculated the cost impact.

$750 to $30,000 - BK Airporter. Installation of electronic signage is estimated to cost $2,000 per vehicle if extensive modifications to the vehicles are required. If a simple sign is placed in the windshield, a commercially produced sign would cost an estimated $50.00 each. There are currently fifteen vehicles in use. Estimated cost is $750 - $30,000.

Discussion: Current rules require auto transportation companies to display on each vehicle destination signs with lettering no less than three inches tall. The proposed rule requires signage, but does not establish the size or type of sign a company must display.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-236 Leasing vehicles.

Responding Companies: $500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule codifies the interpretation of how regulated companies must conduct business under current law. Vehicles must be properly registered and licensed. When ownership is transferred or assigned (as in a lease) the agreement must be in writing and the company must update its vehicle licensing documents. The proposed rule identifies the information that parties must include in a lease agreement between a passenger transportation company and the person from whom the vehicle is leased, if that person is in a business other than the business of leasing vehicles.

Conclusion: The proposed rule identifies information that companies must include in their lease agreements. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-241 Commission compliance policy.

Responding Companies: $24,000 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule is a statement of authority and policy and does not create any requirements with which companies must comply.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-281 Tariffs and time schedules, content.

Responding Companies: Impossible to evaluate, potentially infinite - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule restates and clarifies tariff and time schedule requirements currently established in chapters 480-149 and 480-30 WAC.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-286 Tariffs and time schedules, posting.

Responding Companies: $1,500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

$500 per year - BK Airporter. The requirement to carry in each vehicle a copy of the operating authority, complete tariff and operating schedule is costly, time consuming and unnecessary. They must be stored in a binder, updated, and replaced when the vehicles are replaced or when changes are necessary to the three documents. Administration and copying costs are estimated to be $500 per year.

Discussion: Companies must carry on each vehicle a copy of the schedule and fares for each route that vehicle serves, not the company's complete tariff and operating schedule. Current rules require vehicles to carry copies of their schedules. BK Airporter already satisfies the requirement of the proposed rule by carrying on its vehicles copies of its schedule that include passenger fares.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-316 Tariffs and time schedules, customer notice requirements.

Responding Companies: $1,500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule restates and clarifies customer notice requirements currently required in chapters 480-149 and 480-30 WAC, with the exception of posting on a company's web site, if it has one. The proposed rule acknowledges that in today's world, companies sell tickets and publish their rates and schedules through internet web sites. If a company maintains such a web site, then the company must also publish its customer notice on the web site. The proposed rule is more permissive than current rules. Revisions in the proposed rules increase the instances under which companies may file on one-day notice to the commission rather than the current thirty-day notice to the public.

Conclusion: Companies are currently required to post customer notices at locations including passenger facilities and other locations where tickets are sold. The proposed rule brings that requirement forward to those companies that sell tickets and publish rates and schedules through a web site. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-321 Tariffs and time schedules, notice verification and assistance.

Responding Companies: $1,000 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Companies are already required to post customer notices. This proposed rule requires companies to provide the commission a copy of the required customer notice and information about the dates and locations at which the notice was posted. The rule informs companies that they may seek assistance (free of charge) in preparing the notice from the commission's consumer affairs staff. The proposed rule in WAC 480-30-381 allows a company to include its customer notice information in its transmittal letter.

Conclusion: While providing a copy of the customer notice to the commission is a new requirement any new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-326 Tariffs and time schedules, less than statutory notice handling. (4) Notice requirements.

Responding Companies: $1,500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The notice requirements for a less than statutory notice (LSN) filing are the same as for a regular filing except that the information is filed with the commission at the time of application for LSN handling. Again, the customer notice copy and posting information may be included in the filing transmittal letter.

Conclusion: While providing a copy of the customer notice to the commission is a new requirement any new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-356 Tariffs and time schedules, tariff rules. Subsection (3)(i).

Responding Comments: Undetermined cost - BK Airporter. A taxi from any point on our route to Sea-Tac International Airport cost $55 to $125 per one way trip. The frequency of providing alternate transportation for persons whose reservations were missed cannot be estimated; therefore the cost of this rule cannot be determined.

Discussion: Under some circumstances it may be appropriate for companies to offer alternative transportation options, under other circumstances it may not. The proposed rule does not require companies to provide alternative transportation for a customer with a reservation. The proposed rule identifies the subject as one that companies must address in their tariff rules.

Conclusion: The proposed rule clarifies information for governing rules that a company must already include in its filed tariff. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-381 Tariffs and time schedules, filing procedures. (2) Transmittal letter.

Responding Companies: $2,500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Current rules require transmittal letters. The proposed rule clarifies the information that a company must include in its transmittal letter.

Conclusion: The proposed rule clarifies information that companies must include in required transmittal letters. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-381 Tariffs and time schedules, filing procedures. (4)(c) Rate increase filings.

Responding Companies: Unknown, potentially huge - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Companies must support their rate increase requests. The proposed rule refers to the work papers a company must submit with a general rate increase filing to support its rate increase request. The proposed rule requires the company to prepare its rate case in an organized and systematic manner prior to filing with the commission. The data required by this rule have been submitted by the company directly or at staff's request after the case has been filed. The rule merely requires the company to compile and file the information with its proposed rates.

Conclusion: The proposed rule requires companies to compile and file information with proposed rates rather than after filing with the commission. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-391 Tariffs and time schedules, ticket agent agreements must be filed and approved.

Responding Companies: Undeterminable - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Current rules require the commission to approve the "form" of any contract or agreement for an agent to sell tickets for an auto transportation company. The proposed rule identifies the minimum information a company must include in such an agreement.

Conclusion: The proposed rule clarifies information that companies must include in ticket agent agreement forms. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-396 Tariffs and time schedules, free and reduced rates.

Responding Companies: $500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The use of free and reduced rates is allowed under provisions of RCW 81.24.080. The proposed rule restates in rule the existing requirements for a company to provide service at free or reduced rates.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-421 Tariffs, general rate increase filings and 480-30-426 Tariffs, general rate increase filings, work papers.

Responding Companies: This can be a very expensive process easily running to $10,000+. It is impossible to set any kind of fixed number on this section - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rules define a general rate increase and describe the work papers companies must provide with proposed rates when filing for a general rate increase. Companies are required to support rate increase requests. The proposed rule requires the company to prepare its rate case in an organized and systematic manner prior to filing with the commission. The data required by this rule have been submitted by the company directly or at staff's request after the case has been filed. The rule merely requires the company to compile and file the information with its proposed rates.

Conclusion: The proposed rule requires companies to compile and file information with proposed rates rather than after filing with the commission. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-436 Tariffs, special or promotional fare tariff filings.

Responding Companies: Cannot fix cost since the potential for a complaint being lodged against the company by the commission for filing this type of request is very real - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Auto transportation companies are required to charge their published rates. The proposed rule creates a new option, giving auto transportation companies flexibility in establishing special or promotional rates. The rule describes the minimum information a company choosing to use this option must include with its filing.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-446 Availability of information.

Responding Companies: $5,000 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule does not require companies to create any new information but only to make existing information such as tariffs, schedules, rules, and certificates available to the public for inspection on request. The commission makes its rules available to companies and the public at no charge.

Conclusion: The proposed rule does not create new requirements, so there are no new costs.

WAC 480-30-461 Service or rate complaints.

Responding Companies: Unknown, we have had no complaints - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule describes the consumer complaint process including the company's responsibility to acknowledge, investigate, and respond to consumers and commission staff. The proposed rule also requires companies to maintain a consumer complaint record.

Conclusion: Establishing a complaint record may result in minimal new costs for those companies not already keeping records of consumer complaints. Any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-471 Ticketing requirements.

Responding Companies: $10,000 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: The proposed rule establishes a new requirement for those companies that do not already provide information to their customers regarding such issues as: Refunds, baggage liability, expiration dates, prohibited items, company phone numbers, and web site. While there is a cost associated [with] providing this information, customers require the information, and the proposed rule provides companies several ways in which they can make the information available to their customers.

Conclusion: There may be more than a minimal cost for those companies not already providing consumers with necessary information required by the proposed rule. To mitigate those costs the proposed rule offers companies a variety of options.

WAC 480-30-476 Baggage liability and claims for loss or damage.

Responding Companies: Cannot be determined as this section is in conflict with RCW and other WAC sections - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Prior to 1991, the baggage liability limits were fixed in RCW 81.29.050; including provisions requiring companies to offer customers the opportunity to declare higher value. That law was changed, at the agency's request to require the commission to set the limits by rule. The proposed rule establishes $250 as the minimum baggage liability limit for an adult's fare and $100 for a child's fare. The rule also requires companies to establish tariff provisions and fees for passengers to declare higher value. The provisions apply only to checked baggage. Checked baggage means passenger baggage that is accepted for transportation but is not carried in the passenger compartment of the vehicle. Most airporters do not provide checked baggage service. Baggage is placed in a secured portion of the passenger compartment that is separate from the seating area and accessed from the back of the vehicle.

Conclusion: The proposed rule establishes a minimum baggage liability limit for checked baggage that is consistent with the (adult fare) minimum limit established in federal rule for interstate passenger transportation companies operating into, out of, or through the state. Companies not already at the federal minimum may see an increased cost. Because baggage liability costs are built into rates, any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-476(2) Delivery of checked baggage.

Responding Companies: $500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: Checked baggage has been taken out of the passenger's control and placed with the passenger transportation company for stowage and transport in an area outside of the passenger compartment. If, upon reaching the passenger's destination, the checked baggage cannot be located, the carrier has an obligation to either compensate the passenger for the loss, or to deliver the baggage once it is found. Most airporters do not provide checked baggage service. Baggage is placed in a secured portion of the passenger compartment that is separate from the seating area and accessed from the back of the vehicle.

Conclusion: There may be a cost associated with delivery of lost checked baggage for those companies that accept checked baggage and do not have a delivery policy in place. The cost of delivering a misplaced bag to a local address is less than the cost of compensating a passenger for the loss. Because baggage liability costs are built into rates, any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-476(3) Claims.

Responding Companies: $500 - SeaTac Shuttle. The company provided no explanation or information about its basis for a cost impact or how it calculated the cost impact.

Discussion: This proposed rule establishes a claims process for lost or damaged baggage. The claims process only applies to "checked baggage" that is not carried in the passenger compartment of the vehicle. Most airporters do not provide checked baggage service. Baggage is placed in a secured portion of the passenger compartment that is separate from the seating area and accessed from the back of the vehicle.

Conclusion: There may be a cost associated with establishing claims forms and making those forms available to customers. Because baggage liability costs are built into rates, any related new cost of compliance is no more than minimal, so mitigation is not required.

WAC 480-30-251 to WAC 480-30-436 Rates and rate methodology, Section 7.

Responding Companies: $5,000 - $10,000 - BK Airporter. The entire process of filing for a general rate increase is both time consuming and expensive. The preparation of pro-forma income and expense statements, depreciation schedules and other necessary documentation and justifications is excessive and costly. These burdens are too extensive for the average small business owner who is not an accountant and who doesn't have a full-time accountant on his staff. The most recent general rate increase filed by this company took six months of filing and then refiling again before staff approved an incremental rate increase. If our CPA firm responsible for our official accounting performed this task, the estimated cost for documentation preparation only is $2,125. See Cox and Lucy, CPA's estimate). Company costs for liaison and follow-up coordination during the entire process are estimated at $5,000 - $10,000, depending on the amount of justification required and the complexity of the request. These costs would be greatly diminished if rate methodology were simplified to allow the operator annual "fare zones" and simplified application procedures as discussed in BKA comments to the proposed rules. BKA preparation and processing of gasoline surcharge requests are estimated at $1,200 per year. If fare zones were implemented, the need for fuel surcharge applications would be eliminated.

Discussion: Part 7 of the proposed rules include WAC 480-30-251 to WAC 480-30-436. The proposed rules reflect current tariff and rate filing requirements. The company's comments reference costs associated with the company's recent rate case and fuel surcharge filings under current rules. The commission will consider rate setting methods in a separate proceeding.

Conclusion: The proposed rule requires companies to compile and file information with proposed rates rather than after filing with the commission. Any related new cost of compliance is no more than minimal, so mitigation is not required.

Savings Resulting from Proposed Rules: The proposed rules authorize an auto transportation company certificate holder to provide charter and excursion carrier service without additional certificates. (Charter and excursion applications are $150 each.)

The proposed rules consolidate the charter and excursion carrier certificates eliminating the requirement that companies pay for and receive two separate certificates. (Charter and excursion applications are $150 each.)

By eliminating multiple certificates, the proposed rules also eliminate the requirement that companies identify their vehicles will multiple certificate numbers.

The proposed rules increase the opportunity for companies to make tariff and time schedule filings on a one-day notice to the commission rather than the current thirty-day notice.

The proposed rules no longer require companies to maintain records according to a uniform system of accounts established by the commission, but now allow companies to use general accounting practices.

The proposed rules no longer require companies to pay a fee to replace a lost certificate.

The proposed rules now include a simplified process to reinstate a certificate within thirty days of its cancellation.

The proposed rules no longer require companies to file duplicate or triplicate copies of applications, tariffs, time schedules, insurance forms.

The proposed rules no longer require companies to report or file with the commission vehicle accident reports.

Summary of Findings: The proposed rules include rules that were formerly codified in three separate chapters. Existing requirements are restated to provide clarity and more complete information for companies and passengers. The rules further incorporate state legislative actions; federal preemptive actions; and state agency, federal agency, and court decisions that affect passenger transportation regulation.

The estimated cost to comply with the proposed rules appears to be reasonable and does not appear to be significant, except for the proposed increase in bodily injury and property damage liability insurance minimums that may affect only a small number (five) of the regulated companies that do not carry insurance at higher limits.

Mitigation: As described above, most of the proposed rules addressed by stakeholders in their response to the SBEIS questionnaire are existing requirements that have no new cost of compliance or compliance costs that are no more than minimal.

Several of the rules that have costs include compliance options, including no cost options. Other proposed rules have been revised and no longer include new compliance costs.

Other rules with implementation costs are necessary and cannot be mitigated.

Conclusion: Chapter 19.85 RCW requires an SBEIS be prepared to assess whether the proposed rules impose more than minor costs on businesses in an industry, in this case, passenger transportation companies including charter carriers, excursion carriers, and auto transportation companies providing airporter services, intercity bus services, inter modal and rural transportation services. Staff mailed surveys designed to obtain information about the cost of compliance with the proposed rules to all certificated passenger transportation companies subject to commission regulation including auto transportation companies, charter carriers, and excursion carriers. Surveys were also sent to other interested parties. Two companies responded.

As the section-by-section analysis shows, the economic impact of the proposed rule revisions is not significant for passenger transportation companies in general or for small businesses in particular. The proposed revisions make the passenger transportation company rules clearer by eliminating duplicative requirements between the various chapters and consolidating into a single chapter those rules that were formerly contained in three chapters. Outdated provisions are eliminated or updated.

Some rules will result in additional costs for companies, but these are not significant.

The following conclusions are based on an analysis of the cost impacts of the proposed rules on passenger transportation companies:

1) Passenger transportation companies will incur costs to comply with some of the proposed rules. Only the following three rules may result in compliance costs that are more than minor, WAC 480-30-191 Bodily injury and property damage liability insurance, 480-30-471 Ticketing requirements, and 480-30-476 Baggage liability and claims for loss or damage.

1) Although it was not possible to directly compare the costs and benefits of implementing the proposed rules, the commission believes that, on balance, the benefits of implementing the proposed rules are at least equal to the costs of compliance; and

2) As can be seen from the discussion above the economic impact of the total rewriting of these rules includes a number of cost reductions. Any prudent increase in costs can be recovered from customers though rates. It is expected that the proposed rules will not impose any new costs that would cause rates to increase to such a degree as to cause a decrease in passengers and decrease in revenue.

A copy of the statement may be obtained by contacting Washington Utilities and Transportation Commission, Records Center, Docket No. TC-020497, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, phone (360) 664-1234, fax (360) 586-1150, e-mail records@wutc.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).

February 15, 2006

Carole J. Washburn

Executive Secretary

OTS-8613.1

Chapter 480-30 WAC

((AUTO TANSPORTATION COMPANIES)) PASSENGER TRANSPORTATION COMPANIES

PART 1 -- GENERAL ADMINISTRATIVE RULES
NEW SECTION
WAC 480-30-001   Purpose of chapter.   (1) The legislature has declared that companies operating as auto transportation companies or as charter and excursion carriers in the state of Washington are engaged in businesses that affect the public interest and should be regulated. The purpose of these rules is to administer and enforce chapters 81.68 and 81.70 RCW by establishing the following standards that apply to auto transportation companies and to charter and excursion carriers, to the extent allowed by the individual chapters of law:

Public safety;

Fair practices;

Just, reasonable and sufficient rates;

Nondiscriminatory application of rates;

Adequate and dependable service;

Consumer protection; and

Compliance with statutes, rules and commission orders.

(2) This chapter replaces rules formerly contained in chapters 480-40 and 480-30 WAC.

(3) In addition to administering and enforcing chapters 81.68 and 81.70 RCW, the rules under this chapter are established to comply with federal law.

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NEW SECTION
WAC 480-30-006   Application of rules.   (1) The rules in this chapter apply to passenger transportation companies subject to the jurisdiction of the commission under chapter 81.04, 81.68, or 81.70 RCW. The rules apply to all passenger transportation companies, unless a part, rule, or reference within a rule states otherwise. These rules also include various requirements that apply to the companies' customers and to companies applying for certificates.

(2) The tariffs filed by auto transportation companies must conform to these rules. If the commission accepts a tariff or schedule that conflicts with these rules, the acceptance does not constitute a waiver of these rules unless the commission specifically approves the variation consistent with WAC 480-30-046. Tariffs that conflict with these rules and are not specifically approved by the commission are superseded by these rules.

(3) Any affected person may ask the commission to review the interpretation of these rules by filing an informal complaint under WAC 480-07-910 or by filing a formal complaint under WAC 480-07-370.

(4) No deviation from these rules will be permitted without written authorization by the commission. Violation will be subject to penalties as provided by law.

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NEW SECTION
WAC 480-30-011   Exempt operations.   (1) The commission does not regulate the following passenger transportation operations under this chapter:

(a) Operations conducted wholly within the limits of an incorporated city or town.

(b) Auto transportation company operations from a point in a city or town in the state of Washington for a distance of not more than three road miles beyond the corporate limits of the city or town in which the trip began. The operations must not be part of a journey beyond the three-mile limit, either alone or in conjunction with another vehicle or vehicles.

(c) Commuter ride sharing or ride sharing for persons with special transportation needs under RCW 46.74.010, provided the ride-sharing operation does not compete with nor infringe upon comparable service that was actually provided by an auto transportation company under chapter 81.68 RCW before the ride-sharing operation started.

(d) Municipal corporations and other government entities.

(e) Public transit agencies.

(f) Persons operating vehicles under exclusive contract to a public transit agency.

(g) Persons owning, operating, controlling, or managing taxi cabs, hotel buses, or school buses, when operated as such.

(h) Passenger vehicles carrying passengers on a noncommercial basis, including but not limited to, nonprofit corporations.

(i) Private carriers who, in their own vehicles, transport passengers as an incidental adjunct to some other established private business owned or operated by them in good faith.

(j) Transporting transient air flight crew or in-transit airline passengers between an airport and temporary hotel accommodations under an arrangement between the airline carrier and the passenger transportation company.

(k) Substituting ground transportation for air transportation under an arrangement between the airline carrier and the passenger transportation company in emergency situations arising from the inability of the air carrier to perform air transportation due to adverse weather conditions, equipment failure, or other causes.

(l) Transporting passengers who have had or will have had a prior or subsequent movement by air under a through ticket or common arrangement with an airline or with a connecting out-of-state passenger transportation company.

(m) Any other carrier or company that does not come within the term:

(i) "Auto transportation company" as defined in RCW 81.68.010;

(ii) "Charter party carrier of passengers" as defined in RCW 81.70.020; or

(iii) "Excursion service carrier" as defined in RCW 81.70.020.

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NEW SECTION
WAC 480-30-016   Determination of authority.   (1) In some instances, a person desiring to transport passengers may be subject to regulation as an auto transportation company under the provisions of chapter 81.68 RCW, a charter and excursion carrier under the provisions of chapter 81.70 RCW, or both chapters, depending on the nature of the services offered and provided.

(2) When determining whether operations require an auto transportation or charter and excursion certificate the commission will consider factors including, but not limited to:

(a) What is the nature of the proposed transportation service?

(b) What is the origin and destination of the proposed transportation?

(c) Who will provide the service?

(d) Who will pay for the service?

(e) How will the rates be assessed? (Time of use, mileage or distance, passenger fares, flat fee, other.)

(f) How will the service be provided?

(g) Will the service be offered to the public?

(h) Will a passenger or group of passengers have exclusive use of the vehicle or will there be shared rides or mixed use?

(i) What type and size vehicle(s) will be used to provide the service?

(j) Who will own the vehicle(s)?

(k) Who will be responsible for the operation and control of the vehicle(s)?

(3) Any person may submit to the commission a detailed written description of a proposed service to transport passengers and request an informal staff determination of the authority required to provide the described service.

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NEW SECTION
WAC 480-30-021   Additional requirements.   (1) These rules do not relieve any passenger transportation company from any of its duties and obligations under the laws of the state of Washington.

(2) The commission retains the authority to impose additional or different requirements on any passenger transportation company in appropriate circumstances, consistent with the requirements of law.

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NEW SECTION
WAC 480-30-026   Severability.   If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is still valid.

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NEW SECTION
WAC 480-30-031   Procedural rules.   The commission's procedural rules are contained in chapter 480-07 WAC. If a rule in this chapter conflicts with a rule in chapter 480-07 WAC, the rule in this chapter applies. Copies of chapter 480-07 WAC are available from the commission records center on request.

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NEW SECTION
WAC 480-30-036   Definitions, general.   (1) See WAC 480-30-261 for definition of terms used primarily in tariffs and time schedules and WAC 480-30-216 for definitions used in driver and vehicle safety rules.

(2) Unless the language or context indicates that a different meaning is intended, the following definitions apply:

"Agent" means a person authorized to transact business for, and in the name of, another.

"Airporter service" means an auto transportation service that starts or ends at a station served by another type of transportation such as, air or rail transportation. Airporter service is often a premium service that involves handling luggage. Although stops may be made along the way, they are usually limited to picking up or discharging passengers, luggage, and/or express freight bound to or from the airport or depot served.

"Alternate arrangements for passengers" means the travel arrangements made by an auto transportation company that has accepted a trip booking or reservation from a passenger and that is unable to provide the agreed transportation. The alternate arrangements may require travel by another carrier or mode of transportation at no additional cost to the passenger beyond what the passenger would have paid for the original transportation arrangement.

"Application docket" means a commission publication providing notice of all applications requesting auto transportation operating authority, with a description of the authority requested. The commission sends this publication to all persons currently holding auto transportation authority, to all persons with pending applications for auto transportation authority, to affected local jurisdictions or agencies, and to all other persons who asked to receive copies of the application docket.

"Area" means a defined geographical location. Examples include, but are not limited to:

(a) A specified city or town;

(b) A specified county, group of counties, or subdivision of the state, e.g., western Washington;

(c) A zone, e.g., company designated territory; or

(d) A route, e.g., area within four road miles of Interstate 5.

"Auto transportation company" means every person owning, controlling, operating, or managing any motor-propelled vehicle not usually operated on or over rails, used in the business of transporting persons over any public highway in this state between fixed termini or over a regular route, and not operating exclusively within the incorporated limits of any city or town.

"Between fixed termini or over a regular route" means the fixed points between which an auto transportation company provides service or the route over which an auto transportation company ordinarily operates any motor-propelled vehicle, even though there may be variance whether the variance is periodic or irregular.

"Bus" means a motor vehicle designed, constructed, and/or used for the transportation of passengers.

"Business days" means days of the week excluding Saturdays, Sundays, and official state holidays.

"By-reservation-only service" means transportation of passengers by an auto transportation company, with routes operated only if passengers have made prior reservations.

"Certificate" means:

(a) The certificate of public convenience and necessity issued by the Washington utilities and transportation commission under the provisions of chapter 81.68 RCW to operate as an auto transportation company; or

(b) The certificate issued by the Washington utilities and transportation commission under chapter 81.70 RCW to operate as a charter and excursion carrier in the state of Washington.

"Certificated authority" means:

(a) The territory and services granted by the commission and described in an auto transportation company's certificate of public convenience and necessity; or

(b) Operations in the state of Washington for charter and excursion service carriers.

"Charter party carrier of passengers" or "charter carrier" means every person engaged in the transportation of a group of persons who, pursuant to a common purpose and under a single contract, have acquired the use of a motor bus to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartering group after having left the place of origin.

"Claim" means a demand made on a company for payment resulting from a loss sustained through the company's negligence or for inadequate service provided by the company.

"Closed-door service" means a portion of a route or territory in which an auto transportation company is not allowed to pick up or deliver passengers. Closed-door service restrictions must be clearly stated in an auto transportation company's certificate.

"Common purpose" means that a group of persons is traveling together to achieve a common goal or objective. For example, a group of persons traveling together to attend a common function or to visit a common location. For the purposes of these rules it does not mean a group of persons who have no common goal other than transportation to, or from, the airport.

"Commission" means the Washington utilities and transportation commission.

"Common carrier" means any person who transports passengers by motor vehicle over the public highways for compensation.

"Company" means an entity authorized by the commission to transport passengers, for compensation, using a motor vehicle, over the public highways of the state.

"Complaint" means one of two types of actions by a person against a passenger transportation company that the commission regulates:

(a) "Informal complaints" are those complaints filed with the commission under the provisions of WAC 480-07-910. Informal complaints are normally investigated and resolved by commission staff.

(b) "Formal complaints" are those complaints filed with the commission under the provisions of WAC 480-07-370. In a formal complaint, the burden of proof resides with the complaining party who must prove its assertions in a formal commission proceeding.

"Connecting service" means an auto transportation company service over a route, or routes, that require passengers to transfer from one vehicle to another vehicle operated by either the same company or a different company before reaching the ending point.

"Contract carrier" means a person holding a certificate issued by the commission authorizing transportation of passengers under special and individual contracts or agreements.

"Customer" means a person who purchased transportation services from an auto transportation company.

"Direct route" means an auto transportation company service over a route that goes from the beginning point to the ending point with limited, if any, stops along the way, and traveling only to points located on the specific route without requiring a passenger to transfer from one vehicle to another.

"Discontinuance of service":

(a) "Permanent discontinuance of service" means that a company holding auto transportation authority issued by the commission is unable to continue to provide all, or part of, the service authorized by the company's certificate, filed tariff, or filed time schedule and requests commission permission to permanently discontinue all, or part of, its service and relinquish that certificate or portion of that certificate. See WAC 480-30-186.

(b) "Temporary discontinuance of service" means that a company holding auto transportation authority issued by the commission is unable to continue to provide all, or part of, the service authorized by the company's certificate, filed tariff, or filed time schedule and requests commission permission to discontinue all, or part of, its service for a specified, limited period of time.

"Door-to-door service" means an auto transportation company service provided between a location identified by the passenger and a point specifically named by the company in its filed tariff and time schedule.

"Excursion service carrier" or "excursion carrier" means every person engaged in the transportation of persons for compensation over any public highway in the state from points of origin within any city, town, or area, to any other location within the state of Washington and returning to that origin. The service will not pick up or drop off passengers after leaving and before returning to the area of origin. The excursions may or may not be regularly scheduled. Compensation for the transportation offered must be computed, charged, or assessed by the excursion service company on an individual fare basis.

"Express freight/package service" means transportation of freight and packages, other than packages or baggage carried or checked by passengers, offered by a passenger transportation company.

"Express passenger service" means auto transportation company service provided between fixed points or stations with few, if any, stops along the route, and is designed to get passengers from origin to destination more quickly than normally scheduled passenger service.

"Federal Motor Carrier Safety Administration" means an agency of the United States Department of Transportation (USDOT) and successor agency to the former Interstate Commerce Commission.

"Filing" means any application, petition, tariff proposal, annual report, comment, complaint, pleading, or other document submitted to the commission.

"Fixed termini" means points of origin and destination that are set, static locations or defined geographic areas. Examples include a city or town, a building or an airport. In addition "fixed termini" can include service between an airport and unlimited points within a defined geographic area.

"Flag stops" means a point along an auto transportation company's normally traveled routes where the company stops only if it receives notification that a passenger wishes to board the vehicle at that point. An auto transportation company must list available flag stops in the company's tariffs and time schedules. Flag stops may only be named at points that provide waiting passengers safe access to the vehicle.

"Group" means:

(a) Two or more passengers traveling together;

(b) A class of passengers to whom special rates and/or rules apply. For example, active military personnel.

"Intermediate point" means a point located on a route between two other points that are specifically named in an auto transportation company's certificate or tariff.

"Intermediate service" means service to an intermediate point.

"Interruption in service" means a period of time during which an auto transportation company cannot provide service listed in its certificate, its filed tariff, or its filed time schedule. An interruption in service is normally short lived, lasting no more than a few hours or a few days.

"Leasing":

(a) "Leasing authority" means one auto transportation company allowing another person to operate all, or a portion, of the authority granted to the first company by the commission. A joint application to, and approval from, the commission is required to lease authority. See WAC 480-30-141.

(b) "Leasing equipment" means the act of a passenger transportation company to supplement its fleet by acquiring a vehicle(s) from a third party for a specified period of time under contract. See WAC 480-30-236.

"Motor vehicle" or "vehicle" means:

(a) As related to auto transportation companies: Every self-propelled vehicle used on the public highways, for the transportation of persons for compensation.

(b) As related to charter and excursion carriers: Every self-propelled vehicle with a manufacturer's seating capacity for eight or more passengers, including the driver, used on the public highways, for the transportation of persons for compensation.

"Named points" means cities, towns, or specific locations that are listed in an auto transportation company's certificate, tariff, or time schedule.

"Nonstop service" means transportation of passengers from point of origin to point of destination without stopping at any intermediate points.

"On-call service" means unscheduled auto transportation company service provided only to those passengers that have by prior arrangement requested service prior to boarding.

"Passenger facility" means a location at which an auto transportation company stations employees and at which passengers can purchase tickets or pay fares for transportation service.

"Passenger transportation company" means an auto transportation company or charter and excursion carrier.

"Person" means an individual, firm, corporation, association, partnership, lessee, receiver, trustee, consortium, joint venture, or commercial entity.

"Premium service" means a type of service provided by an auto transportation company that is outside normal service. Examples include express service, direct route service, and nonstop door-to-door service.

"Private carrier" means a person who transports passengers in the person's own vehicle purely as an incidental adjunct to some other established private business owned or operated by that person in good faith.

"Private motor vehicle" means a vehicle owned or operated by a private carrier.

"Public highway" means every street, road, or highway in this state.

"Public transit agency" means a municipal corporation or agency of state or local government formed under the laws of the state of Washington for the purpose of providing transportation services including, but not limited to, public transportation benefit areas, regional transit authorities, municipal transit authorities, city and county transit agencies.

"Residence" means the regular dwelling place of an individual or individuals.

"Route" means a highway or combination of highways over which an auto transportation company provides passenger service. There are two types of routes:

(a) "Irregular route" means travel between points named in an auto transportation company's certificate via any highway or combination of highways the company wishes to operate over. The certificate issued to the company does not list highways to be used, but the company defines routes in its tariffs and time schedules.

(b) "Regular route" means an auto transportation company providing passenger transportation over a route named in the certificate issued to the company by the commission.

"Scheduled service" means an auto transportation company providing passenger service at specified arrival and/or departure times at points on a route.

"Single contract" means an agreement between a charter carrier and a group of passengers to provide transportation services at a set price for the group or trip. Under a single contract, passengers are not charged individually.

"Small business" means any company that has fifty or fewer employees.

"Special or promotional fares" means temporary fares for specific services offered for no more than ninety days.

"State" means the state of Washington.

"Subcontracting - auto transportation company" means that an auto transportation company holding authority from the commission contracts with a second auto transportation company to provide service that the original company has agreed to provide, but finds it is unable to provide. See WAC 480-30-166.

"Subcontracting - charter and excursion carrier" means that a charter and excursion carrier holding authority from the commission contracts with a second charter and excursion carrier to provide service that the original carrier has agreed to provide, but finds it is unable to provide.

"Substitute vehicle" means a vehicle used to replace a disabled vehicle for less than thirty days.

"Suspension" means an act by the commission to temporarily revoke a company's certificated authority; or an act by the commission to withhold approval of an auto transportation company's tariff filing.

"Tariff" or "tariff schedule" means a document issued by an auto transportation company containing the services provided, the rates the company must assess its customers for those services, and the rules describing how the rates apply.

"Tariff service territory" means a company-defined geographic area of its certificated authority in which a specific tariff applies.

"Temporary certificate" means the certificate issued by the Washington utilities and transportation commission under RCW 81.68.046 to operate as an auto transportation company for up to one hundred eighty days or pending a decision on a parallel filed auto transportation company certificate application.

"Temporary certificate authority" means the territory and services granted by the commission and described in an auto transportation company's temporary certificate.

"Ticket agent agreements" means a signed agreement between an auto transportation company and a second party in which the second party agrees, for compensation, to sell tickets to passengers on behalf of the auto transportation company. See WAC 480-30-391.

"Time schedule" means a document filed as part of an auto transportation company's tariff, or as a separate document, that lists the routes operated by the company including the times and locations at which passengers may receive service and any rules specific to operating those routes.

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NEW SECTION
WAC 480-30-041   Change of address.   A company must notify the commission in writing of any change in physical business address, business mailing address, business telephone number, fax number, or e-mail address. This notice must be filed by letter, fax, or e-mail within fifteen days following the change.

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NEW SECTION
WAC 480-30-046   Exemptions from rules in chapter 480-30 WAC.   The commission may grant an exemption from the provisions of any rule in this chapter consistent with the standards and according to the procedures set forth in WAC 480-07-110 (Exceptions from and modification to the rules in this chapter; special rules).

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NEW SECTION
WAC 480-30-051   Mapping, auto transportation company.   (1) Software and scale compatibility. The commission uses geographic information system (GIS) software to track regulated public utility and transportation company operating territories. Auto transportation company maps must meet minimum standards to ensure that those maps are compatible with the commission's GIS mapping system. When required by this chapter to file a map, an auto transportation company must file that map in one of the methods described in (a) and (b) of this subsection.

(a) Electronic maps. An auto transportation company may file an electronic map that is compatible with the commission's hardware and software. Before filing its map electronically, a company must contact the commission to determine whether its mapping software is compatible with that used by the commission.

(b) Paper maps. An auto transportation company may file a paper map or combination of paper maps using:

(i) Official state highway maps or comparable highway maps;

(ii) United States Geological Survey (USGS) maps at a scale of 1:250,000;

(iii) United States Geological Survey (USGS) maps at a scale of 1:24,000, when necessary to clearly resolve any inconsistencies or to reflect local service territories.

(c) Availability of maps. USGS maps are available through the Washington state department of natural resources and various private vendors. The official state highway map is available from the Washington state department of transportation.

(2) Map detail. Any map submitted to the commission must:

(a) Clearly show counties, cities, freeways, highways, roads, streets, county lines, and any other feature described in the application or certificate;

(b) Be clearly labeled to identify the features described in the certificate;

(c) Have a north arrow;

(d) Have a map legend briefly describing the features on the map;

(e) Have a scale bar showing the distance on the map equal to a defined number of feet, miles or other unit; and

(f) Have a title box that includes the company's name as shown on the company's auto transportation certificate, the company's registered trade name, the identification number of the filing to which the map applies, and a contact name and phone number.

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NEW SECTION
WAC 480-30-056   Records retention, auto transportation company.   (1) General provisions. An auto transportation company must keep all business records and reports for at least three years following the date those documents are created unless otherwise specified in subsection (2) of this section or unless a longer retention period is required by another governmental body.

(2) Retention schedule table. The following schedule shows periods that auto transportation companies must preserve various records.


Type of Record: Retention Period:
1. Original certificate Until cancellation.
2. Contracts and agreements:

(a) Service contracts (management, accounting, financial or legal services)

Until expiration or termination plus three years.
(b) Contracts with employees and employee groups Until termination plus one year.
(c) General contracts, leases and agreements Until termination plus one year.
3. Long-term debt records: Bond indentures, underwritings, mortgages, and other long-term credit agreements Until redemption plus three years.
4. General and subsidiary ledgers and indexes Until discontinuance of use plus three years.
5. General journals Until discontinuance of use plus three years.
6. General cash books Until discontinuance of use plus three years.

(3) Customer service records. An auto transportation company must maintain complete and accurate customer service records.

(a) Company service records include, but are not limited to:

(i) Daily trip records, by route or by unit of equipment, that show:

(A) The schedules operated;

(B) The number of passengers carried on each schedule;

(C) The point each passenger boarded and disembarked from the vehicle;

(D) The fare charged each customer (for example full-fare, children's fare, round-trip fare, free or reduced fare);

(E) Any condition causing the vehicle to deviate from the company's filed time schedule by more than thirty minutes. For example, traffic backed up at an accident site, inclement weather, or equipment failure.

(ii) Records of revenues received.

(iii) Bills or invoices issued.

(iv) Records of all reservations.

(v) Records of all tickets issued.

(vi) Records of all passenger service provided at free and/or reduced rates.

(b) Customer service records must be kept on file in the general office of the company for at least three years and are subject to commission inspection.

(c) Customer service records must be kept in chronological, numerical, or service route order.

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NEW SECTION
WAC 480-30-061   Express freight, property transportation.   (1) 49 U.S.C. 14501 preempts state regulation of the routes, rates, and services of property carriers transporting general commodities, other than residential household goods. This preemption includes passenger transportation companies transporting property even if that property is being transported in the same vehicle as passengers.

(2) A passenger transportation company operating under the provisions of this chapter may transport property in the same motor vehicles that it uses to transport passengers without any additional authority or permits from this commission.

(3) When transporting property in a motor vehicle with passengers, the company must ensure that property may be safely and conveniently carried without causing discomfort to the passengers and that it is of an amount that does not disturb the convenience, speed and other essential qualities of the passenger service.

(4) If a passenger transportation company transports property in motor vehicles other than those used to transport passengers under this chapter, then the company must ensure that its operations comply with the motor freight carrier requirements, including permits, insurance, driver, and equipment safety provisions established for property carriers under chapters 81.80 RCW and 480-14 WAC.

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PART 2 -- ACCOUNTING REQUIREMENTS, REPORTING REQUIREMENTS AND REGULATORY FEES
NEW SECTION
WAC 480-30-066   Accounting requirements, auto transportation company.   (1) The commission publishes a uniform system of accounts (USOA) for auto transportation companies. The commission supplies copies of the USOA on request.

(a) The USOA defines accounting, financial, and other procedures the commission uses to determine if rates are fair, just, reasonable, and sufficient.

(b) The USOA contains accounting definitions, listings, and explanations of balance sheet and income statement accounts.

(2) The commission recommends companies maintain their financial and accounting records according to the USOA. Regardless of what accounting system a company uses, the company must maintain its books and records in a manner sufficient to complete the commission-issued annual report form, using figures that reconcile with the USOA.

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NEW SECTION
WAC 480-30-071   Reporting requirements.   (1) Auto transportation company annual reports. An annual report is an end-of-the-year summary of financial and operational activity that each regulated auto transportation company is required to file with the commission.

(a) Each year the commission provides an annual report form and instructions to each company at its address of record. Failure to receive the form does not relieve a company of its obligation to complete and file its annual report. A company that does not receive an annual report form must contact the commission to obtain a copy of the form.

(b) A company must file a complete, accurate annual report showing all requested information by May 1 of the succeeding year. Information provided on the annual report must agree with source documents maintained at company offices.

(c) The commission may grant an extension of time allowing the company to file its annual report after the May 1 due date if the commission receives a request for extension before May 1.

(d) The commission may issue penalty assessments or take action to suspend or cancel a certificate if a company fails to file its required annual report.

(e) A company selling, canceling, transferring, or in some other manner discontinuing operations must submit an annual report for that portion of the year in which the company operated.

(2) Charter and excursion carrier annual safety reports. An annual safety report is a summary of motor vehicle and safety operating information that each charter and excursion carrier is required to file with the commission.

(a) Each year the commission provides an annual safety report form and instructions to each company at its address of record. Failure to receive the form does not relieve a company of its obligation to complete and file its annual safety report. A company that does not receive an annual safety report form must contact the commission to obtain a copy of the form.

(b) A company must file a complete, accurate annual safety report showing all requested information by December 31 of each year. Information provided on the annual safety report must agree with source documents maintained at company offices.

(c) The commission may grant an extension of time allowing the company to file its annual safety report after the December 31 due date if the commission receives a request for extension before December 31.

(d) The commission may issue penalty assessments or take action to suspend or cancel a certificate if a company fails to file its required annual safety report.

(3) Other reports. The commission may require a company to file periodic or other special reports.

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NEW SECTION
WAC 480-30-076   Regulatory fees.   A regulatory fee is an annual assessment paid by each company to cover the costs of regulation.

(1) Auto transportation company regulatory fees. The maximum auto transportation company regulatory fee is set by statute at two-fifths of one percent of gross intrastate operating revenue.

(a) The maximum regulatory fee is assessed each year, unless the commission issues an order establishing the regulatory fee at an amount less than the statutory maximum.

(b) The minimum fee that an auto transportation company must pay is twenty dollars.

(c) The twenty dollar minimum regulatory fee is waived for any auto transportation company with less than five thousand dollars in gross intrastate operating revenue.

(d) Each auto transportation company must pay its regulatory fee by May 1 of each year.

(2) Charter and excursion carrier regulatory fees. The charter and excursion carrier regulatory fee is established by commission order.

(a) The minimum fee a charter and excursion carrier must pay is the amount established for a single vehicle.

(b) Each charter and excursion carrier must pay its regulatory fee on or before December 31 of each year to cover the ensuing year beginning February 1.

(3) Extension of time to pay regulatory fees. The commission cannot grant extensions for payment of regulatory fees.

(4) Penalties for late fees. If a company does not pay its regulatory fee by the due date established in this rule, the commission will assess an automatic late fee of two percent of the amount due, plus one percent interest for each month the fee remains unpaid.

(5) The commission may take action to suspend or cancel a certificate, if a company fails to pay its regulatory fee.

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NEW SECTION
WAC 480-30-081   Motor vehicle fund, auto transportation company.   (1) In addition to regulatory fees, each auto transportation company must pay mileage fees on each vehicle it operates with a seating capacity over six passengers. RCW 46.16.125 establishes the following mileage fees:

(a) Fifteen cents for each one hundred vehicle miles; or

(b) Twenty cents for each one hundred vehicle miles if the vehicle is propelled by steam, electricity, natural gas, diesel oil, butane, or propane.

(2) The commission transmits mileage fees collected under the provisions of RCW 46.16.125 to the state treasurer to be deposited in the motor vehicle fund.

(3) If a company fails to pay the mileage fees, the company is subject to a penalty of one hundred percent of the payment due.

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PART 3 -- CERTIFICATES
NEW SECTION
WAC 480-30-086   Certificates, general.   (1) Certificate required. A person must have a certificate from the commission before operating as a passenger transportation company in the state of Washington.

(2) Company name. The company name is the name of the certificate holder.

(a) A company electing to conduct operations under a trade name must first register the trade name with the commission.

(b) A company must conduct all operations under the company name, a registered trade name, or both. The term "operations" includes, but is not limited to advertising, ticketing, and identifying vehicles.

(c) A company may not operate under a company name or trade name that is similar to that of another company if use of the similar name misleads the public or results in unfair or destructive competitive practices.

(3) Display. A company must keep its original certificate on file at its principal place of business open to inspection by any customer, law enforcement officer, or authorized commission representative who asks to see it.

(4) Replacement. The commission will replace a lost or destroyed original certificate at no charge.

(5) Description of certificated authority. When a company's certificate authority includes boundaries such as cities, towns, streets, avenues, roads, highways, townships, ranges or other descriptions, the boundaries remain established as they existed at the time the commission granted the authority.

(6) Operating within certificated authority.

(a) A company must operate strictly within the authority described in its certificate.

(b) The commission may take administrative action against a company operating outside its certificated authority. Refer to WAC 480-30-241 for information regarding the commission's compliance policy.

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NEW SECTION
WAC 480-30-091   Certificates, application fees.   (1) The purpose of an application filing fee is to partially cover handling and processing expenses.

(2) The commission establishes the following fees for application filings:


Auto transportation company certificate application $200
Application for certificate to provide regular route or fixed termini service. Forms include: Application for new certificate, to reinstate a previously canceled certificate, to transfer all or a portion of a certificate to a new owner or business structure, to lease all or a portion of a certificate. Note: Auto transportation company certificates include statewide charter and excursion carrier service. No additional application is required.
Auto transportation company certificate extension application $150
Application for extension of certificate authority to add new or additional regular route or fixed termini service to an existing auto transportation certificate.
Auto transportation company temporary certificate application $150
Application for new temporary authority or temporary authority to operate pending a commission decision on a parallel filed certificate application.
Charter and excursion carrier certificate application $200
Application for single certificate to provide both charter and excursion carrier service statewide. Forms include: Application for new certificate, to reinstate a previously canceled certificate, to transfer an existing certificate to a new owner or business structure.
Certificate name change application $35
Application to change a company's corporate name, change a trade name, add a new trade name, or change the surname of an individual owner or partner.
Auto transportation company certificate mortgage application $35
Application for permission to mortgage or otherwise encumber an auto transportation company certificate.

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NEW SECTION
WAC 480-30-096   Certificates, application filings, general.   (1) A company must submit its certificate application on forms provided by the commission.

(2) Applications must include all requested information, attachments, signed statements, and filing fees.

(a) The commission may reject or defer consideration of an application until the applicant provides all required information;

(b) The commission may reject or defer consideration of an application until the applicant pays any outstanding fees, fines, or penalties; or

(c) The commission may reject or dismiss an application if it includes false, misleading, or incomplete information.

(3) Applications for auto transportation certificate authority must include, but are not limited to:

(a) A complete description of the proposed service including the line, route, or service territory described in terms such as streets, avenues, roads, highways, townships, ranges, cities, towns, counties, or other geographic descriptions;

(b) A map of the proposed line, route, or service territory that meets the standards described in WAC 480-30-051;

(c) A statement of the applicant's assets and liabilities;

(d) A proposed tariff and time schedule;

(e) A statement of conditions that justify the proposed service;

(f) Ridership and revenue forecasts for the first twelve months of operation;

(g) A pro forma balance sheet and income statement for first twelve months of operation;

(h) A list of equipment to be used in providing the proposed service; and

(i) A statement of the applicant's prior experience and familiarity with the statutes and rules that govern the operations it proposes.

(4) The provisions of this rule do not apply to applications for auto transportation company certificate authority to provide intrastate service over an interstate regular route under a federal grant of authority. Refer to WAC 480-30-101.

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NEW SECTION
WAC 480-30-101   Certificates, federal grant of authority, auto transportation company.   (1) This rule governs applications for auto transportation company certificates for authority to provide intrastate regular route service under a federal grant of authority under the provisions of 49 U.S.C. 13902.

(2) A company operating under a federal grant of authority must comply with state filing requirements no later than thirty days after the date the company first begins providing transportation entirely within the state.

(3) The commission will grant an auto transportation company application for certificate consistent with the federal grant of authority and limited to intrastate operations that are conducted together with regularly scheduled interstate operations on the same route.

(a) An application for a certificate filed under the provisions of this rule must be submitted on forms provided by the commission and accompanied by the required auto transportation company certificate application filing fee in WAC 480-30-091.

(b) A copy of the federal order granting authority and any other documents or correspondence relevant to the federal grant of authority must accompany the application.

(c) The application may be published on the commission's application docket for informational purposes only, but is not subject to protest by any party.

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NEW SECTION
WAC 480-30-106   Certificates, acquisition of control.   (1) Notice required. Any person acquiring control of a passenger transportation company through acquisition of the stock of that company must notify the commission in writing within thirty days of the acquisition.

(2) Content of notice. Notice may be accomplished by filing a letter with the commission. The letter must include at least the following information:

(a) The name, registered trade names, and certificate number of the acquired company.

(b) The date of acquisition.

(c) The names of the majority stockholders and the percent of stock each holds.

(d) The name, address, telephone number, fax number, and e-mail address of a contact person within the company to whom questions may be directed.

(e) The location (mailing address and physical address) where books and records of the acquired company will be retained.

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NEW SECTION
WAC 480-30-111   Certificates, starting service.   (1) Filing an application under WAC 480-30-096 does not authorize the applicant to start operations of the type requested or in the territory described in the application. The commission must grant the application and issue a certificate before a company may start the requested service.

(2) This rule does not apply to applications for auto transportation company certificates under a preemptive federal grant of authority to provide intrastate service over an interstate route.

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NEW SECTION
WAC 480-30-116   Certificates, application docket, protests, and intervention, auto transportation company.   (1) Application docket. The commission publishes a notice of pending certificate applications in the application docket. The commission mails the application docket to each existing auto transportation company certificate holder, to each person with a pending auto transportation company certificate application, to affected local jurisdictions or agencies, and to any other interested person who has asked to receive copies of the application docket. It includes notice of auto transportation company certificate applications for:

(a) New certificate authority.

(b) Extension of existing certificate authority.

(c) Transfer or lease of all or a portion of certificate authority.

(2) Protests. An existing auto transportation company certificate holder may file a protest to an application published in the application docket.

(a) Form of protests. Protests must:

(i) Be filed within thirty days of the date the commission mailed the application docket.

(ii) Be filed according to the provisions of WAC 480-07-370.

(iii) Be served on the applicant and the applicant's attorney, if one is identified in the application docket.

(iv) Specify the reasons for the protest.

(v) Specify the protestant's interest in the proceeding.

(vi) Specify the approximate number of witnesses the protestant intends to present and an estimate of hearing time required for the protestant's presentation;

(vii) Include the name and address of each person on whose behalf the protest is filed including that person's certificate number, a copy of the certificate authority, and identification of the portion or portions of the protestant's certificate that is the basis for the protest.

(viii) Describe any restrictive amendment that could eliminate the protestant's interest in the application.

(b) Failure to file protest on time. A person who fails to file a protest within the thirty-day protest period may not in any way participate further in the proceeding, unless that person can show that the commission did not provide proper notice of the pending application, or that good cause exists for the failure to make a timely protest.

(3) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition to be an intervener. Refer to WAC 480-07-355 for information on intervention.

(4) Applications not subject to the docket and protest provisions of this rule. This rule does not apply to:

(a) Applications for charter and excursion carrier certificates;

(b) Applications to reinstate a certificate canceled for cause under the provisions of WAC 480-30-181, when the application is filed within thirty days of the certificate cancellation date;

(c) Applications for name change;

(d) Applications to mortgage an auto transportation company certificate;

(e) Applications for an auto transportation company certificate under a federal grant of authority to provide intrastate service over an interstate route; and

(f) Applications for temporary certificate authority.

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NEW SECTION
WAC 480-30-121   Certificates, applications, charter and excursion carrier.   (1) A person applying for a certificate to provide charter and excursion carrier services must be fit, willing, and able to provide service and to comply with state law and the safety and insurance requirements of this chapter.

(2) The commission will issue to any qualified applicant a certificate to provide charter and excursion carrier services in Washington upon receipt of:

(a) A complete application filing as required by WAC 480-30-096;

(b) Proof of insurance as required by WAC 480-30-191; and

(c) Proof of a passing Commercial Vehicle Safety Alliance (CVSA) safety inspection of each motor vehicle to be operated by the applicant under its certificate.

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NEW SECTION
WAC 480-30-126   Certificates, applications, auto transportation company.   (1) A person applying for a certificate to provide auto transportation company services must have the knowledge, experience, and resources to conduct the service it proposes in its application. The applicant must be fit, willing and able to comply with state law and the requirements of this chapter.

(2) The commission must determine that the public convenience and necessity requires the proposed service when considering an application for a new certificate or extension of an existing certificate.

(3) Auto transportation company certificate applications are subject to the application docket notice and protest provisions of WAC 480-30-116.

(4) The commission may set for hearing any auto transportation company certificate application.

(5) The commission must provide the opportunity for a hearing and determine that an existing auto transportation company is not providing service to the satisfaction of the commission before it may grant a new certificate or extension of an existing certificate to provide service in a territory already served by another auto transportation company, unless the existing auto transportation company or companies do not object to the application by filing a protest under the provisions of WAC 480-30-116.

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NEW SECTION
WAC 480-30-131   Certificates, overlapping applications, auto transportation company.   (1) The commission may consolidate applications for certificated auto transportation authority for joint consideration if:

(a) The authority requested in the applications overlaps in whole or in part; and

(b) The subsequent application was filed within thirty days of the date the initial application appears on the application docket.

(2) Applications for overlapping authority not filed within thirty days after the initial application appears on the application docket will be decided after the conclusion of proceedings resolving the initial application and any other application qualifying for joint consideration.

(3) When applications consolidated by the commission for joint consideration also contain requests for territory or services not overlapping that requested in the other application, and the nonoverlapping services or territory may be appropriately severed, the commission may decide the nonoverlapping portions of the application separately from the portions that do overlap.

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NEW SECTION
WAC 480-30-136   Certificates, application hearings, auto transportation company.   (1) Auto transportation company certificate application hearings are governed by the provisions of chapter 480-07 WAC.

(2) When an application has been protested, the commission will generally not consider written statements from witnesses that have not been available for cross examination at hearing.

(3) An applicant must be prepared to present information at hearing, through documents or the testimony of witnesses, including but not limited to, the following:

(a) A description of the service proposed and the cost of that service for the area to be served;

(b) An estimate of the cost of the facilities to be used in providing the proposed service;

(c) The condition of the applicant's equipment and the applicant's program for maintenance and repair;

(d) A statement of the assets available to the applicant that will be used to provide the proposed service;

(e) Prior experience, if any;

(f) Familiarity with the statutes and rules that govern the proposed operations;

(g) The public need for the proposed service.

(i) The commission will not accept as support an applicant's own statements that its proposed service is needed by the public.

(ii) The applicant must support its application with independent witnesses who actually require the service or are knowledgeable about the need for service in the territory in which the applicant seeks authority.

(4) If an applicant requests a certificate or extension of certificate to operate in a territory already served by another certificate holder, the applicant must also show that the existing transportation company or companies will not provide service in that territory to the satisfaction of the commission.

(5) When determining if the territory at issue is already served by another certificate holder the commission may, among other things consider:

(a) The authority of existing companies and whether or not they are serving to the full extent of that authority.

(b) The kinds, means, and methods of service provided.

(c) Whether the type of service provided reasonably serves the market.

(d) Whether the population density warrants additional facilities or transportation.

(e) The topography, character, and condition of the territory into which the proposed services are to be introduced, and the proposed territory's relation to the nearest territory through which transportation service is already provided.

(f) Whether a grant of the requested authority and the resulting increased competition will benefit the public.

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NEW SECTION
WAC 480-30-141   Certificates, sale, lease, assignment, transfer or mortgage, auto transportation company.   (1) The commission must approve any sale, assignment, lease, transfer, or mortgage of a company's certificate, or any portion of the operating authority described in a company's auto transportation company certificate.

(2) To obtain commission approval for sale, assignment, lease, transfer, or mortgage, the parties to the transaction must jointly file an auto transportation company certificate application with the commission under the provisions of WAC 480-30-096.

(3) The provisions of this rule do not apply to change in ownership resulting from an acquisition of control of a corporation through stock sale or purchase. Refer to WAC 480-30-106.

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NEW SECTION
WAC 480-30-146   Certificates, name change.   (1) A company must file a name change application under the provisions of WAC 480-30-096 to:

(a) Change its corporate name;

(b) Change its trade name;

(c) Add a trade name to a certificate; or

(d) Change the surname of an individual owner or partner to reflect a change resulting from marriage or other legal action.

(2) When filing a name change application, the applicant must include:

(a) Copies of any corporate minutes or other legal documents authorizing the name change; and

(b) Proof that the new name is properly registered with the department of licensing, office of the secretary of state, or other agencies, as may be required.

(3) If a name change results from a change in ownership, including addition or deletion of a partner, the company must file an application to transfer the certificate according to the provisions of WAC 480-30-141.

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NEW SECTION
WAC 480-30-151   Certificates, refiling application prohibited, auto transportation company.   A person whose application for auto transportation company authority has been denied after hearing, dismissed for failure to appear at a hearing, or who has been found to be in default, may not refile the application for a period of six months from the date of the final order dismissing or denying the application.

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NEW SECTION
WAC 480-30-156   Certificates, temporary, auto transportation company.   (1) Temporary certificates prohibited. The commission is prohibited from granting a temporary certificate to operate in territory that is:

(a) Contained in an existing certificate, unless the existing certificate holder is not providing service or does not object to the temporary certificate.

(b) Contained in a pending certificate application unless the temporary certificate application filing is made by the applicant or the applicant does not object to the temporary certificate.

(2) Requirements. Temporary certificate applications must meet the general filing requirements of WAC 480-30-096.

(3) Public interest. The commission may grant a temporary certificate after determining that granting the requested authority is consistent with the public interest. In determining if the requested temporary authority is consistent with the public interest, the commission will consider factors including, but not limited to:

(a) The fitness of the applicant.

(b) The need for the requested service.

(c) Availability of existing service.

(d) Any other circumstances indicating that a grant of temporary authority is consistent with the public interest.

(4) Support statements required. Applicants for temporary certificates must include signed and sworn support statements from one or more potential customers identifying all pertinent facts relating to need for the proposed service.

(5) Investigation of applications. Commission staff will investigate the facts surrounding an application and need for the proposed service before making a recommendation that the commission grant or deny an application for temporary certificate. The staff investigation will include notice of the temporary certificate application to those companies identified in subsection (1) of this section, and allow twenty days for those companies to object to the temporary certificate application.

(6) Special terms, conditions, and limitations. The commission may impose special terms, conditions, and limitations in connection with the grant of any temporary certificate.

(7) Length of service allowed under temporary certificate. The commission may grant a temporary certificate for up to one hundred eighty days. If a company files an auto transportation company certificate application and a temporary certificate application within thirty days of each other or files an auto transportation company certificate application within thirty days of the order granting the temporary certificate, then the temporary certificate will continue until the commission grants, denies, or dismisses the parallel certificate application, or until the temporary certificate is otherwise canceled, whichever happens first.

(8) Docketing. The commission will publish on its application docket:

(a) A list of temporary certificate applications that the commission considered and granted, including any terms and conditions attached to the grant of such authorities; and

(b) A list of temporary certificate applications the commission considered and denied.

(9) Protests. An existing auto transportation company or applicant for certificate may file a protest opposing the grant or denial of a temporary certificate.

(10) Form of protests. Protests must:

(a) Be filed with the commission in writing within ten days after the date the commission mails its notice;

(b) Contain a statement of the specific grounds on which the protest is made;

(c) Contain a statement of the protestant's interest in the proceeding;

(d) Be served on the applicant; and

(e) Be served on the applicant's representative, if one is stated in the notice.

(11) Disposition of protests. The commission may grant or deny a protest without hearing.

(12) Brief adjudicative proceedings. The commission may order a brief adjudicative proceeding on its own motion or at the request of a party.

(13) Intervention. Any person, other than the applicant and protestants to an application, who desires to appear and participate, and who does not desire to broaden the issues of the proceeding, may petition to be an intervener. Refer to chapter 480-07 WAC for information on intervention.

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NEW SECTION
WAC 480-30-161   Certificates, notice of purchase or condemnation, auto transportation.   (1) An auto transportation company must notify the commission in writing within thirty days of a public transit agency purchasing or condemning all or a portion of the company's certificated authority.

(2) Notice must include a cover letter identifying the company, the affected authority, and a copy of the document such as an ordinance, resolution, franchise, contract, or court order that results in the purchase or condemnation of the certificated authority.

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NEW SECTION
WAC 480-30-166   Certificates, service agreements, auto transportation company.   (1) An auto transportation company may enter into an agreement to allow another certificated auto transportation company to operate in the first company's territory or over its route(s) when the first company:

(a) Holds exclusive authority in the territory or over the route(s) to be served; and

(b) Lacks suitable equipment to adequately serve its route(s) or customers, or is unable to provide service on a temporary basis due to situations such as, but not limited to, road closures or other temporary restrictions imposed by local jurisdictions.

(2) The commission must approve the agreement before any service is provided. To apply for commission approval, the companies must jointly file a copy of the written agreement at least fifteen days before the proposed effective date of the agreement. Companies may request the fifteen-day approval period be waived in the case of an emergency.

(3) The agreement filed with the commission must clearly state:

(a) The first company will charge customers for service provided by the second company at rates contained in the first company's filed tariff.

(b) The first company will pay the second company for providing service in compliance with terms stated in the agreement.

(c) The beginning and ending dates of the agreement.

(d) A provision for early termination of the agreement that includes at least five days' notice to the commission and to each party.

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NEW SECTION
WAC 480-30-171   Certificates, suspending and canceling.   (1) Cause for suspension. The commission may suspend a certificate for cause. Cause includes, but is not limited to:

(a) Failure to maintain evidence of required liability insurance coverage for all areas of a passenger transportation company's operations;

(b) Failure to file an annual report or pay required regulatory fees;

(c) Failure to comply with the rates and rules contained in an auto transportation company's filed tariff;

(d) Failure to comply with an auto transportation company's filed time schedule;

(e) Failure or refusal to comply with operating standards that protect the public health, safety, or welfare;

(f) Allowing others to operate under a provider's certificated authority without having first obtained commission approval;

(g) Operating in a manner that violates the rights of customers and/or constitutes an unfair or deceptive business practice; or

(h) Repeated failure or refusal to comply with laws and rules pertaining to operations of passenger transportation companies.

(2) Cause for cancellation. The commission may cancel a certificate for cause. Cause includes, but is not limited to:

(a) Operating without proper insurance;

(b) Failure to file an annual report or pay required fees;

(c) Failure to correct within the time specified in a suspension order all conditions listed in the suspension order that led to the certificate's suspension;

(d) Continued violations of laws and rules affecting the public health, safety, or welfare when the commission has reason to believe the passenger transportation company will not comply with those laws and rules following a specified period of suspension;

(e) Failure to supply requested information needed by the commission in the performance of its regulatory functions; or

(f) Submission of false, misleading or inaccurate information.

(3) Notice of pending suspension and cancellation. When the commission believes cause exists to suspend or cancel a certificate, it will issue a notice to the passenger transportation company of the commission's intention to suspend or cancel the authority.

(4) Contest of suspension and cancellation. A passenger transportation company may contest the pending suspension and/or cancellation of its certificate by requesting a hearing or brief adjudicative proceeding within ten days following the date of the notice.

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NEW SECTION
WAC 480-30-181   Certificates, reinstatement.   (1) The commission may reinstate a certificate canceled for cause under the provisions of WAC 480-30-171 if the company:

(a) Corrects all conditions leading to the cancellation; and

(b) Files an application to reinstate authority with the proper application fee within thirty days of the cancellation order service date.

(2) The commission may reinstate a certificate suspended under the provisions of WAC 480-30-171 if the company satisfies the terms of the suspension and all conditions leading to the suspension are corrected.

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NEW SECTION
WAC 480-30-186   Certificates, service interruptions or discontinued operations, auto transportation company.   (1) Interruptions in service.

(a) An auto transportation company must file a written report with the commission and must post appropriate public notice of any interruption in regular service that is likely to continue for more than twenty-four hours.

(i) The written report must contain a full description of the cause for the interruption.

(ii) The written report and notice to the public must state the anticipated duration of the interruption.

(iii) Notice to the commission may be made via regular mail, by fax, or by e-mail.

(b) If an auto transportation company fails to notify the commission of any interruption in service that lasts five or more consecutive days, the commission will consider that the company has forfeited its certificate rights and the commission may institute administrative action to cancel the company's certificate of public convenience and necessity. Exception: The commission may allow resumption of operations after an interruption lasting five or more days if the auto transportation company can show that it was not responsible for the failure to provide service and that failure to notify the commission resulted from conditions outside the control of the company.

(2) Discontinuance of service. An auto transportation company must not temporarily or permanently discontinue operations authorized under its certificate without prior approval from the commission.

(a) A company requesting commission approval to discontinue operations must give at least thirty days' written notice to its customers, officials of cities and counties where affected passengers reside, and the commission.

(b) The auto transportation company must file a written request with the commission for approval to discontinue operations. The written request for commission approval must contain at least the following:

(i) The name, telephone number, mailing address, fax number (if any) and e-mail address (if any) of a contact person;

(ii) An explanation of the company's reasons for requesting approval to discontinue operations;

(iii) An explanation of consequences for the company if the commission does not approve the request to discontinue operations;

(iv) A statement of the number of passengers, by class of service provided, who will lose service if the commission approves the discontinuance of operations;

(v) An explanation of options available to the customers who will lose service; and

(vi) If the request is for approval to temporarily discontinue service, the written request must contain a statement declaring the date by which the company will return to service.

(c) Upon receipt of a request to discontinue operations, the commission will assign a docket number to the filing and will act on the request under the commission's normal open meeting process.

(i) In considering the request for approval to discontinue operations, the commission may consider the information required in this section, in addition to other information it deems necessary on a case-by-case basis.

(ii) The commission may attach conditions to any grant of discontinuance of operations that it deems necessary to protect the rights and interests of the public.

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PART 4 -- INSURANCE
NEW SECTION
WAC 480-30-191   Bodily injury and property damage liability insurance.   (1) Insurance coverage. A company must have bodily injury and property damage liability insurance covering each motor vehicle it operates in the state of Washington.

(a) The insurance policy must be written by an insurance company authorized to write insurance in the state of Washington.

(b) The insurance policy must include the Uniform Motor Carrier Bodily Injury and Property Damage Liability Endorsement (Form F).

(c) If a company operates without the required insurance coverage, the commission may take immediate compliance action as described in WAC 480-30-171.

(2) Insurance limits. The minimum limits of required bodily injury and property damage liability insurance for motor vehicles operated by companies are:


Motor vehicles that: Must have bodily injury and property damage insurance or surety bond with the following minimum limits:
Have a passenger seating capacity of fifteen or less (including the driver) $1,500,000 combined single limit coverage
Have a passenger seating capacity of sixteen or more (including the driver) $5,000,000 combined single limit coverage

(3) Insurance filings. A company must file and maintain a Uniform Motor Carrier Bodily Injury Property Damage Certificate of Insurance (Form E) as a condition of being issued and maintaining a certificate to operate as a passenger transportation company.

(a) The Form E is a standard motor carrier insurance form recognized by the insurance industry and is normally filed with the commission by an insurance company rather than an insurance agent.

(b) The Form E must be issued in the company name exactly as it appears on the company's certificate or application for certificate.

(c) The Form E filing must remain in effect until canceled by a Notice of Cancellation (Form K). The Form K must be filed with the commission by the insurance company not less than thirty days before the cancellation effective date.

(d) A company may file a Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond (Form G) instead of the Form E.

(4) Insurance binders. The commission will accept an insurance certificate or binder for up to sixty days.

(a) An insurance certificate or binder may be canceled by written notice filed with the commission at least ten days before the cancellation effective date.

(b) An insurance certificate or binder must be replaced by a Form E within sixty days of filing, or before the expiration date, whichever occurs first.

(c) Insurance certificates or binders must show:

(i) The commission as the named insurance certificate holder;

(ii) The company name, exactly as it appears on the company's certificate or application for a certificate, as the insured;

(iii) The insurance company name;

(iv) The insurance policy number;

(v) The insurance policy effective and expiration dates;

(vi) The insurance limits of coverage; and

(vii) The agent's or other insurance representative's signature.

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NEW SECTION
WAC 480-30-196   Insurance cancellation.   If a company's insurance filing is canceled, and a new filing that provides continuous coverage is not filed before the cancellation effective date, the commission may:

(1) Dismiss a company's application for a certificate;

(2) Suspend or cancel a company's certificate under the provisions of WAC 480-30-171.

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NEW SECTION
WAC 480-30-201   Self-insurance.   (1) A company conducting interstate passenger transportation services that has qualified as a self-insurer under 49 U.S.C. 13906 may be exempt from the bodily injury and property damage liability insurance filing provisions under these rules, provided the company files with the commission:

(a) A certified copy of the order issued by the Federal Motor Carrier Safety Administration showing that the company has qualified as a self-insurer;

(b) A certified statement that the company is operating under that self-insuring authority; and

(c) A certified statement that the self-insuring authority granted by the Federal Motor Carrier Safety Administration is in full force and effect.

(2) Upon the effective date of an order by the Federal Motor Carrier Safety Administration canceling a company's rights to act as a self-insurer, that company must file with the commission proper bodily injury and property damage liability insurance or surety bond as required by WAC 480-30-191.

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PART 5 -- EQUIPMENT AND DRIVERS
NEW SECTION
WAC 480-30-206   Vehicle licensing.   A company must ensure that each vehicle it operates is in compliance with all appropriate state vehicle licensing laws, commission rules, and commission orders.

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NEW SECTION
WAC 480-30-211   Commercial vehicle defined.   Unless otherwise stated, for the purposes of the rules in Part 5 -- Equipment and Drivers, "commercial motor vehicle" means any motor vehicle used by an auto transportation company or charter and excursion carrier to provide passenger transportation services over the public highways of Washington state.

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NEW SECTION
WAC 480-30-213   Vehicles and drivers.   (1) The vehicles operated by a passenger transportation company must be owned by or leased to the certificate holder.

(2) The driver of a vehicle operated by a passenger transportation company must be the certificate holder or an employee of the certificate holder.

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NEW SECTION
WAC 480-30-216   Operation of motor vehicles, general.   (1) Discrimination prohibited. No company operating motor vehicles under the provisions of this chapter will operate a vehicle in intrastate commerce on which the seating of passengers is based on race, color, creed, or national origin.

(2) Inspection of baggage and other materials passengers wish to be carried in or on a motor vehicle. Auto transportation companies are responsible for the safety and comfort of all passengers transported. To ensure the safety and comfort of passengers and employees it may be necessary for companies to inspect baggage and other materials to be transported in or on motor vehicles.

(a) Companies must include in their filed tariffs, in information provided to passengers, and on their tickets, information that advises passengers that all baggage and other materials to be carried in or on a motor vehicle is subject to inspection by the company.

(b) The information required by (a) of this subsection must include a list of examples of materials that will not be accepted for transportation. Examples may include, but are not limited to, the following items:

(i) Articles whose transportation as baggage are prohibited by law or regulation;

(ii) Fragile or perishable articles;

(iii) Articles whose dimensions exceed the size limitations in the company's filed tariff;

(iv) Packages, bags, or parcels that are leaking;

(v) Firearms;

(vi) Articles that have foul and obnoxious odors; or

(vii) Items that cause annoyance, discomfort, or harm to persons or property.

(3) Service requirement.

(a) An auto transportation company is a public service company with an obligation to provide service to the satisfaction of the commission to all customers within its certificated authority.

(b) Except to the extent allowed by WAC 480-30-451, no driver or operator of a motor vehicle used in the transportation of passengers by an auto transportation company shall refuse to carry any person presenting him or herself at a regular stopping place who tenders the appropriate fare. Exception: Companies limiting operations to passengers with prior reservations are not subject to this provision.

(4) Passenger loading capacity. No motor vehicle used in the transportation of passengers will carry more passengers than can be carried safely. In no case will a motor vehicle transport more than one hundred fifty percent of its rated seating capacity.

(5) Standing passengers. No passenger will be permitted to stand unless the vehicle is equipped with devices designed and permanently installed to provide stability and safety for standing passengers. Even if the vehicle is properly equipped, no passenger will be permitted to stand for a distance exceeding thirty-five miles.

(6) Reserve equipment. All auto transportation companies must maintain sufficient reserve equipment to insure the reasonable operation of established routes and fixed time schedules.

(7) Smoking on motor vehicles.

(a) Smoking or carrying lit cigars, cigarettes, or other smoking materials is prohibited on vehicles operated by auto transportation companies.

(b) Each auto transportation company must post signs in its vehicles informing passengers that smoking is not permitted.

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NEW SECTION
WAC 480-30-221   Vehicle and driver safety requirements.   (1) Companies must comply with all state and local laws and rules governing licensing, vehicle safety, and driver safety. Companies must also comply with the parts of Title 49, Code of Federal Regulations (49 CFR), adopted by reference, that are shown in the following chart. Information about 49 CFR, including the version adopted by the commission and where to obtain copies is set out in WAC 480-30-999.


49 CFR Part: Notes:
Part 40 - Procedures For Transportation Workplace Drug and Alcohol Testing Programs Entire Part 40 is adopted and applies to Washington intrastate operations.
Part 382 - Controlled Substance and Alcohol Use and Testing Entire Part 382, including definition of commercial motor vehicle, is adopted and applies to Washington intrastate operations.
Part 383 - Commercial Driver's License Standards; Requirements and Penalties Entire Part 383, including definition of commercial motor vehicle, is adopted and applies to Washington intrastate operations.
Part 390 - Safety Regulations, General Entire Part 390 is adopted and applies to Washington intrastate operations, with the following exceptions:
(1) The terms "motor vehicle," "commercial motor vehicle," and "private vehicle" are not adopted. Instead, where those terms are used in Title 49 CFR, they have the meanings assigned to them in WAC 480-30-036 (Motor vehicle and private vehicle) and WAC 480-30-211 (Commercial motor vehicle).
(2) Whenever the term "director" is used in Title 49 CFR, it means the commission.
Part 391 - Qualification of Drivers Entire Part 391 is adopted and applies to Washington intrastate operations, with the following exceptions:
(1) Part 391.49 (alternative physical qualification standards for the loss or impairment of limbs) is not adopted for drivers who operate vehicles exclusively within Washington state. Instead refer to WAC 480-30-226 for intrastate medical waivers.
Part 392 - Driving of Motor Vehicles Entire Part 392 is adopted and applies to Washington intrastate operations.
Part 393 - Parts and Accessories Necessary for Safe Operation Entire Part 393 is adopted and applies to Washington intrastate operations.
Part 395 - Hours of Service of Drivers Entire Part 395 is adopted and applies to Washington intrastate operations.
Part 396 - Inspection, Repair, and Maintenance Entire Part 396 is adopted and applies to Washington intrastate operations.
Part 397 - Transportation of Hazardous Materials, Driving and Parking Rules Entire Part 397 is adopted and applies to Washington intrastate operations.

(2) Companies must:

(a) Maintain all motor vehicles in a safe and sanitary condition; and

(b) Ensure that vehicles are free of defects likely to result in an accident or breakdown.

(3) No company, its agents, officers, or employees, will allow any article, commodity, or substance to be loaded in or on any motor vehicle used by the company to transport passengers that is dangerous to the lives and safety of passengers.

(4) No company, its agents, officers, or employees will allow any article, commodity, or substance to be loaded in or on any motor vehicle used by the company to transport passengers that is prohibited by the hazardous materials rules in Title 49 CFR from being transported on passenger-carrying vehicles.

(5) All motor vehicles operated under the provisions of this chapter are at all times subject to inspection by the commission or its duly authorized representatives.

(6) The commission will place out-of-service any motor vehicle having safety defects identified in the North American Uniform Out-Of-Service Criteria. Information about the North American Uniform Out-Of-Service Criteria including the version adopted and where to obtain copies is set out in WAC 480-30-999. A company must not operate any vehicle placed out-of-service until proper repairs have been completed.

(7) The commission will place out-of-service any driver meeting criteria identified in the North American Uniform Out-Of-Service Criteria. A company must not allow a driver who has been placed out-of-service to operate a motor vehicle until the conditions causing the driver to be placed out-of-service have been corrected.

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NEW SECTION
WAC 480-30-226   Intrastate medical waivers.   (1) Department of licensing intrastate medical waiver. A passenger transportation company may employ a driver that is not physically qualified to drive a commercial motor vehicle under Title 49 CFR Part 391.41, if the driver:

(a) Only operates motor vehicles intrastate, wholly within the state of Washington; and

(b) Has obtained from the Washington state department of licensing an intrastate medical waiver to drive a commercial motor vehicle.

For the purposes of a department of licensing medical waiver, a commercial motor vehicle means a motor vehicle:

(i) With a gross vehicle weight rating over 26,000 lbs.;

(ii) Transporting sixteen or more passengers, including the driver; or

(iii) With a manufacturer's seating capacity of sixteen or more passengers, including the driver.

(2) Doctor's statement of intrastate medical waiver. A passenger transportation company may employ a driver that is not physically qualified to drive a commercial motor vehicle under Title 49 CFR Part 391.41, if the driver:

(a) Holds a valid Washington state driver's license;

(b) Has received a doctor's statement that:

(i) The driver's medical condition is not likely to interfere with the driver's ability to safely operate a commercial motor vehicle; and

(ii) The doctor's opinion is that the driver's condition is likely to remain stable for the two years that the medical certificate is valid.

(c) Operates commercial motor vehicles intrastate wholly within the state of Washington. For the purposes of a doctor's statement of intrastate medical waiver, a commercial motor vehicle means a motor vehicle:

(i) With a gross vehicle weight rating under 26,001 lbs.,

(ii) Transporting fifteen or fewer passengers, including the driver, or

(iii) With a manufacturer's seating capacity of fifteen or fewer passengers, including the driver.

(3) Driver qualification files. A passenger transportation company that employs a driver under an intrastate medical waiver must maintain in the driver's qualification file a copy of the doctor's statement of intrastate medical waiver.

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NEW SECTION
WAC 480-30-231   Vehicle and driver identification.   (1) A company must ensure that all motor vehicles operated in the transportation of passengers are properly identified.

(a) Each motor vehicle must display the certificate holder's name (or registered trade name) and certificate number on each side of the vehicle. A company with both intrastate and interstate operations may display its U.S. Department of Transportation identification number in addition to, or in place of, its commission-issued certificate number.

(b) Each motor vehicle operated in regular route service with scheduled stops must display a suitable destination sign.

(c) Each motor vehicle operated in transportation of passengers must display on the vehicle a company identification or unit number.

(d) All identifications must be clearly legible, conspicuous, and of a size that is easily readable.

(e) All identifications, except those displayed on leased or substitute vehicles, must be permanent.

(2) An auto transportation company must ensure that all drivers operating motor vehicles in the transportation of passengers are properly identified. Identification may include, but is not limited to, an identification badge or a uniform with a name tag identifying the driver by name or number.

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NEW SECTION
WAC 480-30-236   Leasing vehicles.   (1) A passenger transportation company operating a leased vehicle must have a written lease agreement with the owner of the vehicle.

(2) It is the company's responsibility to ensure that:

(a) A copy of the lease is carried in each leased vehicle, unless the vehicle's registration names the certificate holder as registered owner or lessee.

(b) A copy of the lease is kept in the company's files during the effective period of the lease and for at least one year after the lease expires;

(c) A copy of the lease is provided to the owner of the leased vehicle;

(d) The company has complete possession, control, and use of the motor vehicle at all times during the period of the lease;

(e) The leased motor vehicle is properly insured as specified in WAC 480-30-191;

(f) The leased vehicle is properly identified as specified in WAC 480-30-231;

(g) The leased vehicle is operated in compliance with all safety laws and rules, including those regarding vehicle inspection, records, and maintenance; and

(h) The terms of the lease are followed.

(3) If a company leases a vehicle with a driver, the company must also ensure that:

(a) The driver of the leased motor vehicle is on the company's payroll during the lease period;

(b) The driver operates in compliance with all driver qualification, safety and hours of service laws and rules;

(c) The driver is subject to the company's alcohol and controlled substance policies; and

(d) The company maintains appropriate files and paperwork on the driver for a period of at least one year following the expiration of the lease.

(4) The company and the owner of the leased vehicle must specify in the lease who is responsible for all expenses relating to the leased motor vehicle. The lease must contain all information shown in the following sample lease form. If a company uses an alternate form, the company must ensure the alternate form contains all information requested on the sample. These requirements do not apply to substitute vehicles or vehicles leased without drivers from a person principally engaged in the business of leasing vehicles.

Sample lease form.


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PART 6 -- COMPLIANCE
NEW SECTION
WAC 480-30-241   Commission compliance policy.   (1) The commission is authorized to administer and enforce laws and rules relating to passenger transportation companies. The commission may delegate authority to the commission staff to inspect equipment, drivers, records, files, accounts, books, and documents. The commission may also delegate to its staff authority to place vehicles and drivers out-of-service and to arrest without warrant, or issue citations to any person found violating this chapter in the presence of its staff as provided under RCW 81.04.460.

(2) The commission encourages voluntary compliance with statutes, rules, and commission orders.

(3) The commission will enforce statutes, rules, and commission orders through:

(a) A program emphasizing education and technical assistance.

(b) A compliance program including:

(i) Investigation and resolution of complaints;

(ii) Safety compliance reviews of drivers and equipment;

(iii) Economic compliance audits including, but not limited to, rates and billing practices of auto transportation companies;

(iv) Coordinated roadside enforcement; and

(v) Cooperative agreements with other agencies to enable effective enforcement and appropriate use of resources.

(4) Where necessary to ensure compliance with statutes, rules, and commission orders, the commission may pursue:

(a) Administrative actions that the commission believes will best ensure future compliance by the violating company, including, but not limited to, warnings, sanctions, or penalty assessments under the provisions of chapter 81.04 RCW;

(b) Suspension or cancellation of a company's certificate:

(i) When the commission believes education and penalties have not been, or will not be, effective to secure compliance;

(ii) For willful violations of legal requirements; or

(iii) For serious actions including, but not limited to, misrepresentation;

(c) Enforcement action against violators based on information collected by commission staff; or

(d) Proceedings in district and superior court.

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NEW SECTION
WAC 480-30-246   Sanctions for operating without a valid certificate.   (1) Operating without a certificate.

(a) If a representative of the commission or other law enforcement agency observes a company operating as a passenger transportation company without a certificate from the commission, that company is subject to a gross misdemeanor citation, for which the company must appear in court.

(b) If the commission receives information that a company is operating as a passenger transportation company without a certificate, and a commission representative or other law enforcement agency has not observed those operations, the commission may:

(i) Issue a citation through the court; or

(ii) Contact the company and provide education and technical assistance concerning applicable regulations. This includes giving the company a copy of the applicable laws, rules, and certificate application forms.

(c) If the company continues to operate without a certificate after commission education and technical assistance is offered, the commission may begin an administrative proceeding to classify the company as a regulated company under RCW 81.04.510. If, as a result of that proceeding, the commission formally classifies the company as an auto transportation company or a charter and excursion carrier operating without the required certificate, the commission will issue a cease and desist order under RCW 81.04.510.

(d) If a company operates in violation of a commission order, the commission may impose penalties and/or take legal action in court.

(2) Operating while certificate is suspended. A company that operates after the commission suspends the company's certificate is subject to:

(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court;

(b) Monetary penalty assessments or other commission administrative actions; or

(c) Commission proceedings to cancel the company's certificate.

(3) Operating after certificate is canceled. A company that continues to operate after the commission cancels the company's certificate is subject to:

(a) Misdemeanor or gross misdemeanor citations, for which the company must appear in district court; and

(b) Enforcement proceedings in superior court.

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PART 7 -- TARIFFS, TIME SCHEDULES, RATES, AND RATE FILINGS
NEW SECTION
WAC 480-30-251   Charter and excursion carriers not subject to provisions of Part 7.   The rules in Part 7 of this chapter relating to tariffs, time schedules, rates, and rate filings apply only to auto transportation companies. Charter and excursion carriers are not subject to the provisions of this part.

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NEW SECTION
WAC 480-30-256   Tariffs and time schedules, federal preemption.   (1) The commission interprets the provisions of 49 U.S.C. 14501 as preempting the requirements of state laws and regulations relating to intrastate fares for the transportation of passengers by an interstate motor carrier of passengers operating over a regular route authorized by the Federal Motor Carrier Safety Administration (FMCSA). Because of this federal preemption, the commission will no longer require the filing of rate tariffs or time schedules for the transportation of passengers in Washington intrastate commerce by interstate motor carriers of passengers, if that transportation is provided over a regular route authorized by the FMCSA.

(2) Auto transportation companies operating in Washington intrastate commerce on routes not authorized by the FMCSA are subject to the tariff and time schedule rules contained in this chapter.

(3) Auto transportation companies operating over routes authorized by the FMCSA and over routes not authorized by the FMCSA must file tariffs and time schedules for those routes not authorized by the FMCSA.

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NEW SECTION
WAC 480-30-261   Tariffs and time schedules, definitions used in.   Definitions of general terms and terms specific to driver and equipment safety are contained in WAC 480-30-036 and 480-30-216, respectively. Unless the language or context indicates that a different meaning is intended, the following definitions apply:

"Charge" means a rate assessed by an auto transportation company for providing a service other than the transportation of a passenger(s). For example: The charge for carrying extra baggage on board the bus.

"Checked baggage" means passenger baggage that is accepted for transportation but is not carried in the passenger compartment of the vehicle.

"Fare" or "ticket price" means a rate assessed by an auto transportation company for the transportation of a passenger(s).

"Joint fare" means a rate charged by an auto transportation company for the transportation of a passenger(s) that applies from a point located on one auto transportation company's route to a point located on another auto transportation company's route, made by agreement or arrangement between the companies. A joint fare agreement is also known as a through-ticketing agreement.

"Local fare" means a rate charged by an auto transportation company for the transportation of a passenger(s) between stations within a single company's authority.

"Long and short haul clause" means a clause that prohibits an auto transportation company from charging more for a shorter than for a longer haul over the same route.

"Rate" means an amount in a company's tariff approved by the commission or allowed to become effective by operation of law, for services provided by an auto transportation company. For example: Passenger fares, ticket prices, additional baggage charges.

"Sales commission" means a fee paid to an agent for selling tickets on behalf of an auto transportation company.

"Seasonal fares and seasonal time schedules" means filing of tariffs or time schedules naming different fares, routes, or arrival and/or departure times for different periods of the year. For example: A company may offer more scheduled routes during certain periods than it does in others; or, a company may assess different fares in heavily traveled months than it does during off-peak months.

"Through fare" means a single rate applying from point of origin to point of destination that combines two or more rates in one auto transportation company's tariff or rates from two or more auto transportation companies.

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NEW SECTION
WAC 480-30-266   Tariffs and time schedules, general.   (1) Tariffs and time schedules no longer subject to chapter 480-149 WAC. As of the effective date of these rules, those auto transportation companies that are required to file Washington intrastate tariffs and time schedules are no longer subject to tariff and time schedule provisions of the commission's Tariff Circular No. 6 (chapter 480-149 WAC). Auto transportation companies are instead subject to, and must comply with, the tariff and time schedule requirements of this chapter.

(2) Additional regulatory requirements. Auto transportation companies are also subject to additional rules regarding tariff and time schedule filings contained in chapter 480-07 WAC, including, but not limited to:

(a) WAC 480-07-160 Confidential information; and

(b) WAC 480-07-145 Filing documents in adjudicative proceedings.

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NEW SECTION
WAC 480-30-271   Tariffs and time schedules, must file before starting service.   (1) Tariffs. No auto transportation company subject to tariff filing requirements of Part 7 of this chapter will provide service until it files a tariff with the commission and the commission approves that tariff or allows it to become effective by operation of law.

(2) Time schedules. No auto transportation company subject to time schedule filing requirements of Part 7 of this chapter will provide service until it files a time schedule with the commission and the commission approves that time schedule or allows it to become effective by operation of law.

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NEW SECTION
WAC 480-30-276   Tariffs and time schedules, companies must comply with the provisions of filed tariffs and time schedules.   (1) Tariffs. No auto transportation company may assess rates that are higher, lower, or different from those contained in the company's filed tariff. Further, no auto transportation company may accept a payment for service provided that is higher, lower, or different from the rates contained in the company's filed tariff.

(2) Time schedules. An auto transportation company must provide service along all routes, and to all points, listed on the company's filed time schedule. Further, an auto transportation company must make a good faith effort to operate in compliance with the times of arrival and/or departure shown on the company's filed time schedule.

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NEW SECTION
WAC 480-30-281   Tariffs and time schedules, content.   (1) Tariffs. The tariff filed with the commission by an auto transportation company must show all rates it will impose on its customers, together with rules that govern how those rates will be assessed. The tariff must contain, but is not limited to the following sections:

(a) A title page meeting the requirements of WAC 480-30-341;

(b) A rules section meeting the requirements of WAC 480-30-356;

(c) A fares section meeting the requirements of WAC 480-30-281; and

(d) A map meeting the requirements of WAC 480-30-351 and 480-30-051.

(2) Time schedules.

(a) The time schedule filed with the commission by an auto transportation company must be filed as a separate document or as a section of the company's tariff. The filed time schedule must provide sufficient information to allow prospective passengers to make informed decisions regarding their travel arrangements.

(b) The time schedule filed by an auto transportation company that provides scheduled service must contain, but is not limited to:

(i) The times of arrival at, and/or departure from, all termini.

(ii) The times of arrival at, and/or departure from, all intermediate points served.

(iii) The distance between all points shown in the schedule.

(iv) A list of all flag stops at which the company will provide service.

(v) A list of points the company is authorized to serve but is not serving, if any, and the reason.

(c) The time schedule filed by an auto transportation company that provides nonscheduled service must contain, but is not limited to:

(i) Days of the week that the company's service is available.

(ii) Hours of the day that the company's service is available.

Example: A carrier providing door-to-door airporter service by reservation only may state in its time schedule that it offers service between the hours of 6:00 a.m. and 12:00 midnight, seven days a week.

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NEW SECTION
WAC 480-30-286   Tariffs and time schedules, posting.   An auto transportation company must maintain a copy of its filed tariff and its filed time schedule in the company's offices and at each passenger facility. Each vehicle operated must carry a copy of the schedule and fares for each route served by that vehicle. The company must make these documents available to customers for inspection on request during the company's regular business hours.

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NEW SECTION
WAC 480-30-291   Tariffs, rates, general.   (1) Tariffs must provide adult fares, stated in dollars and cents, per passenger, together with the names of the stations or stopping places to or from which those fares apply, arranged in a simple and systematic manner.

(2) The tariff must clearly state whether fares apply "one way" or "round trip."

(3) Fares applying to specific groups of passengers must clearly define the criteria that define that group. For example, "children, under two years of age" or "active military personnel with military identification."

(4) Fares applying during specific periods must be clearly labeled with definitions of those periods. For example: A company may charge one fare during peak service months, and charge a different fare during off-peak service months.

Illustration of rate page:


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NEW SECTION
WAC 480-30-296   Tariffs and time schedules, rejection.   The commission will reject tariff or time schedule filings that:

(1) Are not accompanied by the required transmittal letter;

(2) Are not accompanied by all required documentation;

(3) Do not contain all required information;

(4) Do not comply with format rules;

(5) Are not accompanied by required maps;

(6) Reflect retroactive rate treatment;

(7) Are not filed as provided in the notice requirements shown in WAC 480-30-301 through 480-30-316; or

(8) Contain provisions that conflict with state statutes, commission rules, or an auto transportation company's certificated authority.

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NEW SECTION
WAC 480-30-301   Tariffs and time schedules, one business-day notice to the commission.   A company must provide at least one business-day notice to the commission for the following filings:

(1) Initial tariff and time schedule filings that accompany applications for certificated authority;

(2) Tariff and time schedule adoptions filed under the provisions of WAC 480-30-376; and

(3) Tariff and time schedule filings whose only purpose is to add a new service option or a service level which has not been previously included in the company's tariff.

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NEW SECTION
WAC 480-30-306   Tariffs and time schedules, seven calendar day notice to the commission.   A company must provide at least seven calendar days' notice to the commission for filings whose only purpose is to implement decreases in rates.

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NEW SECTION
WAC 480-30-311   Tariffs and time schedules, requiring thirty calendar day notice to the commission.   A company must provide at least thirty calendar days' notice to the commission for any filing that will result in an increase in rates to customers.

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NEW SECTION
WAC 480-30-316   Tariffs and time schedules, customer notice requirements.   (1) Notice. Each auto transportation company must provide notice to its customers at least thirty days prior to the stated effective date for any proposed tariff change that would increase recurring or prepaid rates or restrict access to services (e.g., rate increase, route reduction, time schedule change).

(2) Thirty-day notice to public. At least thirty days prior to the stated effective date, the company must post a notice in a conspicuous place for each affected route or routes. The published notice must remain posted until the commission takes action on the request. The notice must be posted:

(a) In each vehicle;

(b) At each passenger facility; and

(c) On the internet, if the company maintains an internet web site accessible to the public through which it sells its transportation services, posts its rates, or time schedules.

(3) Content of postings. The published notice required by this rule must include:

(a) The date the notice is issued;

(b) The company's name, address, and telephone number;

(c) A comparison of current and proposed rates by service, when applicable;

(d) The requested effective date;

(e) A description of how customers may contact the company if they have specific questions or need additional information about the proposal;

(f) A description of how customers may contact the commission to comment or oppose the company's proposal.

(4) Other customer notice. The commission may require additional notice to customers other than described in this rule when the commission is holding a public hearing in a contested case, or when a company proposal may have a significant impact on customer rates or access to services or when the commission determines that additional customer education is needed.

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NEW SECTION
WAC 480-30-321   Tariffs and time schedules, notice verification and assistance.   (1) Within five days of making a filing requiring posting of a customer notice under WAC 480-30-316, but no sooner than the date the filing is submitted to the commission, a company must file a statement with the commission's records center that the required notice has been posted. The declaration must include:

(a) Description of where the notice was posted;

(b) Date the notice was posted; and

(c) A copy of the customer notice.

(2) A company may request assistance from the commission's consumer affairs section in preparing notice.

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NEW SECTION
WAC 480-30-326   Tariffs and time schedules, less than statutory notice handling.   (1) The commission may allow auto transportation company tariff or time schedule filings to become effective with less notice than is shown in WAC 480-30-306 and 480-30-311 when there is an emergency or when good cause is shown. This process is known as "less than statutory notice" (LSN) handling.

(2) LSN application process. An auto transportation company filing for LSN handling may use an LSN form supplied by the commission, or a letter containing at least the following information:

(a) Company identification information:

(i) Name and registered trade name;

(ii) Certificate number;

(iii) Mailing address;

(iv) Telephone number, e-mail address, and fax number; and

(v) The name and telephone number of a person to contact regarding the filing;

(b) Tariff or time schedule identification information:

(i) The identifying number and title of the tariff or time schedule being amended;

(ii) The identifying number and title of the tariff or time schedule item(s) being amended; and

(iii) The identifying number of the tariff or time schedule page being amended;

(c) A concise description of the provisions being proposed;

(d) A statement of the reason(s) for requesting LSN handling; and

(e) The effective date requested.

(3) Dates on pages. Granting LSN handling is at the discretion of the commission. All tariff or time schedule pages accompanying an application for LSN handling must display the effective date that would apply were the company not requesting LSN handling. If the commission grants the company's request for LSN handling, commission staff will enter the effective date authorized by the commission's order on the tariff or time schedule pages before returning copies to the company.

(4) Notice requirements. An auto transportation company requesting LSN handling of a filing must post notice in its offices, passenger facilities, and on all vehicles concurrent with submitting the filing to the commission. The company must file a copy of its public notice with the application for LSN handling.

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NEW SECTION
WAC 480-30-331   Tariffs and time schedules, format and size requirements.   (1) An auto transportation company must file tariffs and time schedules that:

(a) Are filed in loose-leaf format;

(b) Are typed or mechanically printed (not handwritten) using at least ten-point type; and

(c) Are printed on eight and one-half inch by eleven-inch paper, with margins of at least one-half inch on each side.

(2) Auto transportation companies are encouraged to file their tariffs and time schedules electronically, according to established commission policies and procedures.

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NEW SECTION
WAC 480-30-336   Tariffs and time schedules, changes must be identified.   Each change in rates, times of arrival and/or departure, routes, schedules, or rules must be clearly identified in filed tariffs and time schedules by using one of the following methods:

(1) By printing the appropriate code symbol immediately to the left of the material being changed. Approved symbols are:



(2) By printing a notice in distinctive type at the location defined in the following table:


If the changes affect: The notation must state: The notation must be printed:
All rates on a tariff page or on a tariff supplement page. All rates on this page are _________ (Company would state in the blank the nature of the changes, using one of following terms: In the top margin of the page.
Increases;
Decreases; or
Wording changes resulting in neither increases nor decreases.)
All rates in a tariff. All rates in this tariff are __________ (Company would state in the blank the nature of the changes, using one of following terms: In the top margin of the title page.
Increases;
Decreases; or
Wording changes resulting in neither increases nor decreases.)
All times of arrival and/or departure. All times of arrival and/or departure on this page are changed. In the upper corner of the page.

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NEW SECTION
WAC 480-30-341   Tariffs and time schedules, title pages.   (1) Tariff. The title page of every auto transportation tariff filed with the commission must show at least the following:

(a) The certificate name of the auto transportation company, its certificate number, and all trade names filed with the commission to which the tariff applies.

(b) An identifying tariff number.

(c) The number of any tariff being canceled by the tariff to which the title page applies (canceling a tariff also cancels all supplements applying to that tariff).

(d) The types of services covered by the tariff. For example: "rates for passenger service" or "rates and time schedule for passenger service."

(e) A clear description of the territory and routes to which the tariff applies;

(f) The date the tariff is issued and the date it becomes effective;

(g) The name, title, telephone number, fax number (if any), e-mail address (if any), and mailing address of the person who files the tariff; and

(h) A box that is at least three-fourths of one inch in height, spans from margin to margin, and is labeled "for official use only."

(2) Time schedule. If the time schedule is filed as a separate document, not part of the auto transportation company's tariff, the title page of a time schedule must include the same information as is required in subsection (1)(a) through (h) of this section. If the time schedule is filed as a section or part of an auto transportation company's tariff, no separate title page is required.

Illustration of a sample tariff title page:


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NEW SECTION
WAC 480-30-346   Tariffs and time schedules, page format.   (1) Tariff. All pages in an auto transportation company's tariff, except the title page, must include the following:

(a) A page header that includes:

(i) The identifying number of the tariff and canceled number, if any;

(ii) A page number and canceled number, if any;

(iii) A revision number and canceled number, if any;

(iv) The name and certificate number of the company filing the tariff; and

(v) Any applicable registered trade name.

(b) A page footer that includes:

(i) The name of the person filing the tariff;

(ii) The date the page is issued;

(iii) The date the page becomes effective; and

(iv) A box that is at least three-fourths of an inch in height, spanning from margin to margin, that is labeled "for official use only."

Illustration of a sample tariff page:



(2) Time schedule. An auto transportation company's filed time schedule must:

(a) Be numbered consecutively in the upper right-hand corner, beginning with number one, and must show the number of the time schedule canceled by it, if any. See sample time schedule.

(b) Show the company's identifying information, including but not limited to:

(i) The company's official name, as shown on the company's certificate;

(ii) The company's registered trade name(s), if any; and

(iii) The company's certificate number.

(c) Show all termini and points served.

(d) Show the routes served, including the exact location of each regular stop, each flag stop, and any point to which service is provided.

(e) Show points the company is authorized to serve but is not serving, if any, and the reason.

(f) Show the time of arrival and/or departure from all termini and scheduled stops.

(g) Show the periods in which specific provisions of the time schedule apply. For example, if a company services some routes only on certain days of the week, in certain seasons, or in certain months, that information must be clearly stated on the time schedule.

(h) At the bottom of the page, there must be a box that is at least three-fourths of an inch in height, spans from margin to margin and is labeled "for official use only."

Illustrations of sample time schedules:



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NEW SECTION
WAC 480-30-351   Tariffs and time schedules, maps with tariffs.   An auto transportation company must file a map with its tariff that clearly identifies the company's entire certificated authority area. If an auto transportation company divides its authorized certificate area into service territories, areas, or zones the company must also file a map showing each of the tariff service territory divisions. The maps must meet the specifications in WAC 480-30-051.

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NEW SECTION
WAC 480-30-356   Tariffs and time schedules, tariff rules.   (1) Tariff rules must be stated in clear language and explicit terms, setting forth all standards and policies that will govern how the auto transportation company assesses rates to its customers.

(2) All provisions contained in an auto transportation company's tariff must be clearly labeled as to the type of service to which they apply. Example: Scheduled, door-to-door, by reservation only.

(3) Auto transportation company tariffs must contain rules addressing at least the following subjects:

(a) Children's fares. Rules must clearly indicate the ages for which children's fares apply.

(b) Baggage. Rules must state the amount of baggage that may be transported free of additional charge, baggage liability (see WAC 480-30-476), and overweight or excess baggage charges. Baggage rules must also state company policies regarding carry-on items such as skis and bicycles.

(c) Transportation of animals. Rules must state that service animals, such as dogs traveling with sight or hearing impaired passengers, will be transported free of charge if they lie at the feet of their master and do not occupy passenger seats.

(d) Refunds for unused and partially used tickets.

(i) Rules must state, "Unused tickets will be redeemed at the purchase price. Unused portions of round-trip or commutation tickets will be redeemed by charging the regular fare or fares for the portion or portions used, and refunding the balance of the purchase price."

(ii) A company offering "door-to-door" service or "by reservation only" service may assess an administrative fee in those instances where a cost is incurred because the customer requested a change. If a company assesses an administrative fee, the tariff must include rules that clearly identify the fee and under what circumstances the fee will be assessed. Example of an administrative fee rule: A ten-dollar administrative fee will be assessed for customer requested changes made less than twenty-four hours in advance of the scheduled departure time. Administrative fees are deducted from ticket refunds.

(iii) A customer who has made a door-to-door reservation but fails to appear at the designated pick-up point by the scheduled departure time is not eligible for a refund unless the failure was caused by an airline delay or cancellation.

(e) Long haul/short haul provisions. Rules must state that no customer will be required to pay more for transportation to an intermediate point along a route than is charged for a longer trip over that same route.

(f) Areas or zones to which rates apply. When fares to or from a named point include stops beyond the regular terminal, or where no regular terminal is maintained, the tariff must define the zone within which fares to and from a named point apply. For example: "Rates apply within five road miles of points named."

(g) Commuter fares, if offered by the company.

(h) Alternate means of transport that will be provided by the company if it is unable to provide transportation to a customer for whom a reservation has been accepted.

(i) Holidays observed by the company.

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NEW SECTION
WAC 480-30-361   Tariffs and time schedules, changes.   Companies may change filed tariffs or time schedules by one of two methods:

(1) Issuing revised pages to the tariff or time schedule. A revised page must have the same page number as the page it cancels. For example: "1st revised page 1" cancels "Original page 1."

(2) Issuing a complete new tariff or time schedule. Each of the pages in a new tariff or time schedule must be identified as an original page. For example: "Original Title Page," "Original Page 1," "Original Page 2," and so on.

(3) Tariff and time schedule changes must be filed with the commission under the provisions of WAC 480-30-381.

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NEW SECTION
WAC 480-30-366   Tariffs and time schedules, supplements.   (1) Auto transportation companies may issue supplements to filed tariffs or time schedules to reflect short-term situations.

(2) Auto transportation companies may not issue tariff supplements to make general rate increases.

(3) Supplements are subject to all applicable rules and procedures including transmittal letters, notice to customers and the commission, and proper format.

(4) Supplements to a tariff or time schedule must be numbered consecutively. If a newly filed supplement cancels a previous supplement(s), that information must be clearly shown on the new supplement. For example: "Supplement 6 cancels Supplements 4 and 5."

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NEW SECTION
WAC 480-30-371   Tariffs and time schedules, supplements or new filings required.   (1) Discontinuance of service. When the commission grants permission for an auto transportation company to discontinue service, the company must file supplements to cancel tariffs and time schedules on file with the commission. If permission is granted to discontinue service to only a portion of routes operated, the company must file supplements reflecting the discontinued routes or new tariffs and time schedules reflecting the routes that are not discontinued.

(2) Lease or sale of authority. An auto transportation company leasing or selling a portion of its certificated authority to another company must file supplements reflecting the transferred routes or new tariffs and time schedules reflecting the routes retained.

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NEW SECTION
WAC 480-30-376   Tariffs and time schedules, filings after name change or change in ownership.   (1) When an auto transportation company changes the name on its certificate, the company must file a tariff and time schedule in its new name or must adopt the existing filed tariff and time schedule.

(2) When an auto transportation company leases, transfers, or acquires a portion of the certificated authority of another company, it must file a new tariff and time schedule reflecting the same rates and routes as the prior company.

(3) When an auto transportation company obtains operating control of another company, it must file a new tariff and time schedule at the same rate levels and on the same time schedule as the prior company or adopt the existing filed tariff and time schedule of the prior company.

(4) An auto transportation company filing a tariff to comply with subsections (1), (2), and (3) of this section cannot raise rates in that filing. A separate rate increase filing must be made.

(5) To adopt existing filed tariffs or time schedules, the auto transportation company must file with the commission an adoption form.

(a) Adoption forms are available from the commission on request.

(b) Companies may use alternate forms as long as those forms are substantively equal to that shown in the example below.


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NEW SECTION
WAC 480-30-381   Tariffs and time schedules, filing procedures.   (1) Method of filing. An auto transportation company may submit tariff and time schedule filings to the commission in person, electronically, by mail, or by fax. If an auto transportation company files by fax, the company must mail a hard copy on the same day as the fax transmission. Companies are encouraged to file their tariffs and time schedules electronically, according to the commission's policies and procedures.

(2) Transmittal letter. An auto transportation company must file a transmittal letter with each tariff or time schedule filing submitted to the commission.

(a) The transmittal letter must include at least the following:

(i) The name, certificate number, and trade names of the company;

(ii) A description of each proposed change in the tariff or time schedule and a brief statement of the reason for each change;

(iii) If the filing requires customer notice under the provisions of WAC 480-30-316, the transmittal may also include the information required by WAC 480-30-321; and

(iv) A contact person's name, mailing address, telephone number, fax number (if any), and e-mail address (if any).

(b) Transmittal letters accompanying rate filings must also include the following:

(i) The percentage amount that rates will change if they become effective;

(ii) The amount revenue is expected to change if the proposed rates become effective.

(c) A company wanting confirmation that a hard copy tariff or time schedule filing was received must include two copies of the transmittal letter and a self-addressed, stamped envelope. The commission will stamp one copy of the letter and return it to the company as acknowledgement that the filing was received.

(3) Revised pages. Pages of the company's tariff affected by the tariff filing must include the appropriate reference marks indicating changes as provided in WAC 480-30-336.

(4) Additional documents required.

(a) Filing due to governmental, or other entity, action. If the filing results from action of another entity or governmental body, the company must file documentation of that action. For example: Notices of increased fees to use depots or stations.

(b) Tariff or time schedule filed by an agent. If the tariff or time schedule filing is made by a person other than an owner, partner, or corporate officer, the company must include with its filing a statement granting authority for that person to file on behalf of the company. The statement must be signed by an owner, partner, or corporate officer, and may be incorporated into the transmittal letter accompanying the filing.

(c) Rate increase filings. Rate increase filings must include work papers that support the requested increase. Work papers supporting a general rate increase as defined in WAC 480-30-421 must include the additional documentation described in WAC 480-30-426.

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NEW SECTION
WAC 480-30-386   Tariffs and time schedules, approval.   Receipt by the commission of a tariff or time schedule filing does not mean that the provisions of the filing are approved. Companies may not implement provisions contained in filings until the commission approves the filing or until the commission allows the filed provisions to become effective by operation of law.

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NEW SECTION
WAC 480-30-391   Tariffs and time schedules, ticket agent agreements must be filed and approved.   (1) An auto transportation company may enter into contracts or agreements with a second party for the sale of tickets or fares on behalf of the company, provided the form of such contracts or agreements has been previously approved by the commission.

(2) The contract or agreement form submitted to the commission for approval must contain, but is not limited to, the following:

(a) The name and certificate number of the auto transportation company;

(b) Spaces in which to record identifying information about the person entering into the contract or agreement with the company. This information must include at least the person's:

(i) Name;

(ii) Business address;

(iii) Business telephone number;

(iv) Business fax number;

(v) Business e-mail address;

(c) Spaces in which will be recorded the date on which the contract or agreement becomes valid and the date on which the contract or agreement will expire;

(d) A clear description of the services that will be provided by the second party on behalf of the company;

(e) A statement of the percentage of revenue or the set dollar amount that the company will pay the second party for performing those services; and

(f) A statement as to how and when payment will be made to the company for tickets, less commission.

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NEW SECTION
WAC 480-30-396   Tariffs and time schedules, free and reduced rates.   (1) No auto transportation company will charge, demand, collect, or receive a greater, lesser, or different compensation for transportation of persons, than the rates that are contained in that company's effective tariff filed with the commission. Further, no auto transportation may extend to any person any privilege that is not uniformly extended to all persons under the same circumstances.

(2) An auto transportation company wishing to provide service at free or reduced rates must first publish those free or reduced rates in its filed tariff.

(3) If an auto transportation company chooses to provide service at free or reduced rates, the company must publish in its tariff:

(a) A detailed description of the customer class and criteria to qualify;

(b) The service provided;

(c) The expiration date, if any; and

(d) The applicable rate(s), amount of reduction (such as, twenty percent), or if free, "$0.00" or "no charge."

(4) The auto transportation company must record the number of passengers transported under each free or reduced rate published in its tariff.

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NEW SECTION
WAC 480-30-401   Tariffs and time schedules, substitute page filings.   (1) An auto transportation company may file substitute tariff or time schedule pages within a pending tariff filing if:

(a) There is no material change to the terms and conditions of service contained in the pending tariff page. This restriction does not apply to changes made to address commission concerns with the filing;

(b) The change does not increase the rates or fares contained in the pending tariff page; or

(c) The change makes typographical corrections to the pending tariff page.

(2) The filing of substitute tariff pages must include a transmittal letter as set forth in WAC 480-30-381. The substitute filing must include the notation "Do Not Redocket."

(3) The commission may reject any substitute tariff or time schedule pages when rejection is in the public interest.

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NEW SECTION
WAC 480-30-406   Tariffs and time schedules, withdrawing a filing.   (1) When withdrawing a tariff or time schedule filing, an auto transportation company must submit a letter that includes the following:

(a) The name and address of the auto transportation company;

(b) Docket number of the filing being withdrawn;

(c) The name of the company's contact person;

(d) An explanation of why the company is requesting the withdrawal; and

(e) A statement certifying that the submitting person has authority to withdraw the filing on behalf of the auto transportation company.

(2) The commission may deny withdrawal of a filing when denial is in the public interest.

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NEW SECTION
WAC 480-30-411   Tariffs and time schedules, suspension by the commission.   (1) The commission may, on receiving a complaint or protest, or on its own motion, suspend tariff rates, tariff charges, tariff rules, or tariff time schedules as provided in RCW 81.04.130.

(2) The commission will not take action to suspend a tariff or time schedule, or any part of a tariff or time schedule, based on a complaint or protest unless the complaint or protest complies with the commission's rules of practice and procedure as set out in chapter 480-07 WAC.

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NEW SECTION
WAC 480-30-416   Tariffs, joint tariffs and through-ticketing arrangements.   (1) Auto transportation companies may file joint tariffs providing through-ticket arrangements. Such tariffs must list all companies participating in the tariff, must show all fares, rates and charges applicable between points on its line and all affected points on the line of the connecting carrier or carriers, and all rules that govern how those rates will be assessed to customers.

(2) Joint tariffs and amendments or supplements to joint tariffs must be issued and filed under the rules in Part 5 of this chapter.

(3) Companies must provide information to customers, at the time a ticket is purchased, or a reservation is made, as to the identities of all companies that will be providing transportation, the locations of any transfer points, and any policies that differ between the companies.

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NEW SECTION
WAC 480-30-421   Tariffs, general rate increase filings.   (1) A general rate increase filing is a tariff change that would:

(a) Increase the company's gross annual revenue from activities regulated by the commission by three percent or more.

(b) Restructure tariffs so that the gross revenue generated by any customer class would increase by three percent or more.

(2) The following tariff changes are not considered general rate increase filings even though the request may meet one or more criteria identified above:

(a) Filings for collection of per-customer pass-through surcharges and taxes imposed by the jurisdictional local government based on the current year customer count either as a specified dollar amount or percentage fee amount.

(b) Filings by existing auto transportation companies for the implementation of new transportation services.

(3) The commission may require that any filing to increase rates for any customer class, or to restructure rates, is subject to the additional requirements of WAC 480-30-426.

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NEW SECTION
WAC 480-30-426   Tariffs, general rate increase filings, work papers.   (1) General rate increase filings must include work papers supporting the proposed tariff changes based on a test year which is the most recent or appropriate consecutive twelve-month period for which financial data are available. Work papers must include, but are not limited to, the following:

(a) A detailed pro forma income statement by account including restating and pro forma adjustments, and all supporting calculations and documentation for each adjustment. See sample pro forma income statement below.

(i) Restating adjustments modify historic operating results to more properly reflect a "normal, representative" twelve-month test period and give recognition to those areas where the company's accounting methodology may differ from accepted regulatory practice. Restating adjustments fall into three categories:

(A) Reclassification - reclassification moves dollars from one account to another with no effect on the final net income.

(B) Accounting adjustments - accounting adjustments are necessary if the income statement does not properly apply basic accounting principles, such as an out-of-period expense posted in the test year, or to correct an error or oversight.

(C) Ratemaking - ratemaking adjustments modify the records of the company to reflect proper ratemaking theory, such as removing expenses that were incurred by the company but are not generally allowed to be passed on to ratepayers, or converting from accelerated depreciation to straight line depreciation.

(ii) Pro forma adjustments give effect to all known and measurable changes in revenues and expenses not offset by other factors that have or will soon occur as if they had been in effect for the full twelve months of the test year. Examples include changes in tax rates, revenue impact of the tariff changes sought to be changed in the filing. Pro forma adjustments give effect to changes in expense or revenue levels, not the gallons of fuel used, passengers transported, or labor hours worked, etc.

(b) A total passenger count or representative sample of all tickets sold and fares charged during the test year, including all routes, zones, and types of service, and breakdowns between one-way and round trip fares, adults, children, commuters, etc. Revenues of the passenger count/tickets sold analysis must be reconciled to the revenues of the chosen test period. The passenger count/tickets sold analysis forms the basis of the revenue impact of the filing called for in WAC 480-30-381 (2)(b)(ii). See sample passenger count below.

(c) A current depreciation schedule separately listing all assets used by the company during the test period including the date the asset was placed into service, cost, salvage value, service life, and straight-line depreciation expense and accumulated depreciation at the beginning and at the end of the test period.

(d) A balance sheet as of the last day of the test period chosen.

(e) If nonregulated operations represent more than ten percent of total company test period revenue, then the starting point of the pro forma income statement must be total company operations, supplemented with a detailed separation of all total company revenues and expenses between regulated and nonregulated operations.

(f) Backup information concerning every transaction between the regulated company and any affiliated or subsidiary entity describing the services or transactions that occurred, the costs assessed and the basis of the charge, and the relationship to the regulated company.

Sample - pro forma income statement



Sample - passenger count


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NEW SECTION
WAC 480-30-431   Tariffs, general rate increase filings and fuel cost update.   An auto transportation company filing a rate change based on changes in general operating expenses must update the test period fuel costs using actual fuel costs for the most recent twelve-month period.

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NEW SECTION
WAC 480-30-436   Tariffs, special or promotional fare tariff filings.   (1) The commission encourages auto transportation companies to explore innovative rates and rate structures including special or promotional fares intended to:

(a) Retain or increase the number of passengers using the company's services;

(b) Provide the public with flexible transportation options; and

(c) Make more efficient and effective use of the company's equipment and other resources.

(2) When an auto transportation company files a special or promotional fare, the filing must at a minimum include the following:

(a) A statement supporting the use of the proposed special or promotional fare; and

(b) Information detailing the potential effect on revenue of the proposed special or promotional fare, as well as the effect on revenue of the current fare.

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PART 8 -- CONSUMER RULES
NEW SECTION
WAC 480-30-441   Charter and excursion carriers not subject to provisions of Part 8.   The consumer rules apply only to auto transportation companies. Charter and excursion carriers are not subject to the provisions of Part 8 of this chapter.

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NEW SECTION
WAC 480-30-446   Availability of information.   (1) Company information. A company that provides auto transportation company service must have a:

(a) Toll-free or local business telephone number for customers located within the company's authorized service area; and

(b) Mailing address.

(2) Messaging. A company must have voice mail, an answering machine, or answering service to receive calls when company personnel are unavailable.

(3) Responding to customer inquiries.

(a) A company must respond to all nonwritten messages within twenty-four hours excluding weekends and holidays, as defined in the company's tariff.

(b) A company must acknowledge and respond to a customer's written inquiry within two weeks of receipt.

(4) Information that must be available. A company must make the following items available to customers for inspection upon request at no charge during the company's regular business hours:

(a) The commission's passenger transportation company rules in chapter 480-30 WAC;

(b) The company's current tariff and time schedule;

(c) The company's current certificate; and

(d) Any current, proposed, or most recently canceled tariff page that relates to the customer's service.

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NEW SECTION
WAC 480-30-451   Refusal of service.   (1) A company may refuse service to a person when:

(a) In the company's judgment, providing the service would be hazardous, unsafe, or dangerous to persons or property;

(b) In the company's judgment, driveways or roads are improperly constructed or maintained, do not have adequate turn arounds, or have other unsafe conditions;

(c) The customer has an outstanding amount due to the company;

(d) The customer refuses to allow company personnel, drivers, agents, or representatives access to baggage or other materials prior to it being loaded in or on the vehicle;

(e) The customer appears to be under the influence of drugs or alcohol; or

(f) The customer attempts to bring onboard the vehicle materials that would be detrimental to the safety or comfort of other passengers.

(2) A company may refuse service to a person under other conditions that would be detrimental to the safety and comfort of passengers when those conditions are contained in the company's filed tariff and time schedule.

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NEW SECTION
WAC 480-30-456   Fair use of customer information.   (1) Customer information includes the customer's name, address, and telephone number.

(2) Companies must use customer information only for:

(a) Providing and billing for services the customer requests;

(b) Marketing new services or options to its customers; or

(c) Providing information to its customers.

(3) Any sale or release of customer information without the written permission of the customer is prohibited. The only exceptions to this rule are:

(a) Release of information to the commission to investigate or resolve complaints filed with the commission by a customer;

(b) Sharing nonpayment information with agencies the company engages to act as the company's agent in pursuing collection of past due accounts.

(4) Companies are allowed to collect and release customer information in aggregate form if the aggregated information does not allow any specific customer to be identified.

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NEW SECTION
WAC 480-30-461   Service or rate complaints.   (1) Company responsibility.

(a) Complaints from customer. When a company receives a service or rate complaint from a customer it must:

(i) Acknowledge the complaint within twenty-four hours;

(ii) Investigate promptly;

(iii) Report the results of the investigation to the complainant;

(iv) Take corrective action, if warranted, as soon as appropriate under the circumstances;

(v) Inform the complainant that the decision may be appealed to a higher level representative of the company, if any;

(vi) Advise that if the complainant is still dissatisfied after speaking with the higher level representative, the commission is available to review the complaint; and

(vii) Provide the complainant with the commission's address and toll-free telephone number.

(b) Complaint referred by commission. When commission staff refers an informal complaint to the company, the company must:

(i) Investigate and report the results to commission staff within two business days (commission staff may grant an extension of time for responding to the complaint if requested and warranted);

(ii) Keep commission staff informed of progress toward the resolution on a weekly basis; and

(iii) Inform the commission staff of the final result.

(c) Complaint record. A company must keep a record of all complaints for at least three years. The record of complaints must be readily available for commission review. The record must contain:

(i) The complainant's name and address;

(ii) Date and nature of the complaint;

(iii) Action taken;

(iv) The final result; and

(v) All official documents regarding the complaint.

(2) Complaints to commission. Customers may file with the commission either:

(a) An informal complaint against the company under the provisions of WAC 480-07-910; or

(b) A formal complaint against the company under the provisions of WAC 480-07-370.

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NEW SECTION
WAC 480-30-466   Credits or refunds as compensation in consumer complaints or problems.   Companies may offer customers a credit or refund as compensation for service quality problems, billing problems, or other problems experienced by the customer.

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NEW SECTION
WAC 480-30-471   Ticketing requirements.   (1) An auto transportation company must provide its customers with tickets, receipts, or other alternate informational documents that include, but are not limited to, the following information:

(a) The name of the company;

(b) The service, trip, or route on which the ticket applies;

(c) The date or dates on which ticket is valid;

(d) Information about the company's policy for refunds;

(e) A list of items that are prohibited from being brought onboard the vehicle or being packed in checked baggage;

(f) Notice that baggage may be inspected and the consequences of failing to allow access to baggage for such inspection;

(g) Information related to baggage liability, the ability to declare higher value, and the charges for such declaration;

(h) The company's toll-free or local business telephone number.

(2) An auto transportation company that maintains an internet web site accessible to the public using generally available browser software may offer tickets or receipts to its customers on request and satisfy the additional information requirements of this rule by:

(a) Posting the required information to its internet web site;

(b) Directing customers to its web site; and

(c) Providing customers with a description of how to contact the company if they have specific questions or need additional information.

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NEW SECTION
WAC 480-30-476   Baggage liability and claims for loss or damage.   (1) Baggage liability. An auto transportation company must include provisions in its filed tariff relating to its liability for loss or damage to baggage checked by the passenger.

(a) The minimum amount of liability must be:

(i) At least two hundred fifty dollars per adult fare; and

(ii) At least one hundred dollars per child's fare.

(b) The company's tariff must also contain provisions allowing passengers to declare a value in excess of two hundred fifty dollars, by paying an additional charge, and must allow the passenger to recover the increased amount. The passenger's declared amount may not exceed the actual value of the baggage and its contents.

(c) Company tariff provisions may limit the maximum value for which the company will be liable. This maximum value may not be less than one thousand dollars per bag or item checked.

(d) Companies do not have to offer excess value coverage on articles of extraordinary value including, but not limited to:

(i) Negotiable instruments;

(ii) Papers;

(iii) Money;

(iv) Manuscripts;

(v) Irreplaceable publications;

(vi) Documents;

(vii) Jewelry and watches.

(2) Delivery of checked baggage. The company must make all checked baggage available to the passenger within a reasonable time of arrival at destination. If not, the company will deliver the baggage to the passenger's local address at the company's expense.

(3) Claims. Auto transportation companies must make claim forms available to their passengers upon request at each of the company's offices, passenger facilities, and from the driver of each vehicle operated. The forms must be prepared in duplicate. The company will retain one copy. The second copy will be given to the passenger filing the claim.

(a) Checked baggage that the company cannot locate within one hour of arrival at destination will be designated as lost. The company must notify the passenger at that time and furnish the passenger with a claim form.

(b) The company must give a claim form to any passenger declaring lost or damaged baggage.

(c) The company must resolve claims for baggage loss or damage within sixty days of receipt with a firm offer of settlement or with a written explanation of denial of the claim.

(4) Loss or damage to carry-on items. The company shall not be held responsible for loss or damage to baggage carried onboard the vehicle unless it can be shown that the company was in some way negligent. Each company shall have a written policy detailing the manner in which items, articles, or baggage left onboard a company's vehicles will be handled and the way in which the company will make efforts to return the articles to their rightful owners.

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PART 9 -- INTERSTATE OPERATIONS
NEW SECTION
WAC 480-30-900   General requirements for interstate operations.   (1) General requirements: No passenger transportation company may operate any motor vehicle or combination of motor vehicles over the public highways of this state in interstate commerce unless the company has:

(a) Obtained the appropriate operating authority from the Federal Motor Carrier Safety Administration (FMCSA) if operating as a registered carrier;

(b) Obtained valid insurance as required by FMCSA;

(c) Registered:

(i) With a base state as required by 49 CFR Part 1023, if operating as a registered carrier; or

(ii) With the commission if operating as a registered exempt carrier; and

(d) Paid the annual Washington state registration fee for each vehicle.

(2) Applicable laws and rules:

(a) When conducting interstate operations, registered and registered exempt carriers and the motor vehicles they operate must comply with the laws and rules that apply to interstate operations.

(b) When conducting Washington intrastate operations, registered and registered exempt carriers and the motor vehicles they operate must comply with the laws and rules that apply to intrastate operations.

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NEW SECTION
WAC 480-30-910   Registered carriers.   (1) Single state registration system. Washington participates in the base state insurance registration program established in 49 U.S.C. 11506 and 49 CFR Part 1023. To register as a registered carrier in interstate commerce within the state of Washington, you must register with a base state, pay the appropriate fee for any motor vehicles operated within Washington state, and show proof of insurance.

(2) Passenger carriers based outside of Washington state. Any passenger carrier whose base state, as defined in federal regulation, is a state other than the state of Washington, must register with that state and carry a legible receipt in each motor vehicle operated within the state of Washington showing base state registration, payment of the appropriate per vehicle fee, and proof of insurance.

(3) Washington-based passenger carriers. Any passenger carrier whose base state, as defined in federal regulation, is Washington state, must register for interstate operations as follows:

(a) Between August 1 and November 30 of each year, each Washington-based interstate passenger carrier must apply to the commission to register for the following year, on forms provided by the commission.

(b) The registering passenger carrier must state the number of motor vehicles to be operated in each participating state, provide other required information, such as proof of insurance, and submit the registration fee established by that state for each motor vehicle.

(c) Within thirty days after receiving the registration fee and application, the commission will provide to the carrier a receipt or receipts showing, at a minimum, the carrier's name and address, its USDOT permit number, and the names of the states for which it is registered.

(d) The passenger carrier must place a receipt or an authorized copy in each motor vehicle for which it has paid the required fee.

(e) Any Washington-based passenger carrier that begins interstate operations in a state for which it has not registered may register for that state at any time, stating the number of motor vehicles to be operated in each state and submitting the required information and registration fee for each motor vehicle. The commission will provide a new receipt, if the passenger carrier has not previously registered, or supplemental receipt, if it has registered, showing the states for which the motor carrier has registered.

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NEW SECTION
WAC 480-30-920   Registered exempt carriers.   (1) Any passenger carrier operating under the exemptions of the Federal Motor Carrier Act, with no authority issued by the USDOT or its successor agency, may not operate over the public highways of the state of Washington unless it registers with the commission between August 1 and November 30 of each year, or at any time after November 30 when it begins interstate exempt operations, or when it will operate additional motor vehicles within the state.

(2) To register with the commission as a registered exempt carrier, a passenger transportation company must:

(a) Complete a registration application on a form provided by the commission;

(b) Identify the number of motor vehicles that the company will operate within the state;

(c) Pay the registration fee for each motor vehicle; and

(d) Provide proof of insurance.

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NEW SECTION
WAC 480-30-930   Registration fee and receipts.   (1) Registration fee. The annual registration fee for registered and registered exempt interstate passenger transportation companies operating vehicles over the public highways of Washington state is:

(a) $10 For each motor vehicle operated by a passenger transportation company providing interstate charter or excursion service.

(b) $0 For each motor vehicle operated by a passenger transportation company providing interstate regular route service.

(2) Registration receipts.

(a) A legible receipt showing registration with a base state or the commission as a registered or registered exempt carrier must be present in each motor vehicle and the receipt is subject to inspection at all times by law enforcement agents and commission representatives. No person or firm may use a registration receipt issued by the commission other than the registered or registered exempt carrier to whom it was issued.

(b) All receipts issued for a calendar year expire on December 31 of that year.

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NEW SECTION
WAC 480-30-940   Insurance requirements for interstate operations.   Registered and registered exempt carriers conducting interstate operations must provide evidence of insurance in the amount required by the USDOT or its successor agency written by a company authorized to write insurance in any state.

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PART 10 -- ADOPTION BY REFERENCE
AMENDATORY SECTION(Amending WSR 05-21-022, filed 10/10/05, effective 11/10/05)

WAC 480-30-999   Adoption by reference.   In this chapter, the commission adopts by reference all or portions of regulations and standards identified below. They are available for inspection at the commission branch of the Washington state library. The publications, effective dates, references within this chapter, and availability of the resources are as follows:

(1) North American Standard Out-of-Service Criteria (OOSC) is published by the Commercial Vehicle Safety Alliance (CVSA).

(a) The commission adopts the version in effect on April 1, 2005.

(b) This publication is referenced in WAC ((480-30-097 (Equipment -- Inspection -- Ordered for repairs) and WAC 480-30-100 (Operation of motor vehicles))) 480-30-121 (Certificates, applications, charter and excursion) and WAC 480-30-221 (Vehicle and driver safety requirements).

(c) The North American Out-of-Service Criteria is a copyrighted document. Copies are available from CVSA in Washington, D.C.

(2) Title 49 Code of Federal Regulations, cited as 49 CFR, including all appendices and amendments is published by the United States Government Printing Office.

(a) The commission adopts the version in effect on October 1, 2004.

(b) This publication is referenced in WAC ((480-30-095 (Equipment -- Safety) and WAC 480-30-100 (Operation of motor vehicles))) 480-30-221 (Vehicle and driver safety requirements) and WAC 480-30-226 (Intrastate medical waivers).

(c) Copies of Title 49 Code of Federal Regulations are available from the U.S. Government Online Bookstore, http://bookstore.gpo.gov/, and from various third-party vendors.

[Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160 and 34.05.353. 05-21-022 (Docket No. A-050271, General Order No. R-521), 480-30-999, filed 10/10/05, effective 11/10/05; 04-01-152 (General Order No. R-511, Docket No. A-030852), 480-30-999, filed 12/22/03, effective 1/22/04; 02-18-033 (Docket No. A-020379, General Order No. R-501), 480-30-999, filed 8/26/02, effective 9/26/02. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.160, and 34.05.310. 01-20-061 (Docket No. A-010827, General Order No. R-491), 480-30-999, filed 9/28/01, effective 10/29/01.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 480-30-010 Definitions.
WAC 480-30-020 Licenses, and rules and regulations.
WAC 480-30-030 Certificates -- Auto transportation companies.
WAC 480-30-032 Notice of application; protests; contemporaneous applications.
WAC 480-30-040 Express.
WAC 480-30-045 Auto transportation company C.O.D. shipments tariff requirements -- Bond required -- Handling of shipments.
WAC 480-30-050 Tariff, naming rates and fares.
WAC 480-30-060 Schedule of time and route.
WAC 480-30-070 Liability and property damage insurance or surety bond.
WAC 480-30-080 Self insurance.
WAC 480-30-090 Equipment of motor vehicles.
WAC 480-30-095 Equipment -- Safety.
WAC 480-30-097 Equipment -- Inspection -- Ordered for repairs.
WAC 480-30-100 Operation of motor vehicles.
WAC 480-30-105 Depot and terminal facilities.
WAC 480-30-110 Regulatory fees.
WAC 480-30-120 Uniform system of accounts and annual reports.
WAC 480-30-130 Rules and regulations -- General application.

OTS-8614.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 480-40-010 Definitions.
WAC 480-40-020 Licenses.
WAC 480-40-030 Certificates.
WAC 480-40-040 Liability and property damage insurance.
WAC 480-40-050 Self insurance.
WAC 480-40-060 Equipment of motor vehicles.
WAC 480-40-065 Equipment -- Inspection -- Ordered for repairs.
WAC 480-40-070 Operation of motor vehicles.
WAC 480-40-075 Equipment -- Safety.
WAC 480-40-100 Out-of-service criteria.
WAC 480-40-110 Registered carriers.
WAC 480-40-120 Registration of interstate authority.
WAC 480-40-130 Regulatory fees -- Receipt -- Intrastate passenger charter carriers and excursion service carriers.
WAC 480-40-999 Adoption by reference.

Washington State Code Reviser's Office