WSR 06-12-012

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 26, 2006, 11:47 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-08-076.

Title of Rule and Other Identifying Information: Amending WAC 308-87-010 Definitions.

Hearing Location(s): Department of Licensing, Conference Room 102, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on July 17, 2006, at 10:00 a.m.

Date of Intended Adoption: October 1, 2006.

Submit Written Comments to: Harumi Tolbert, P.O. Box 48001, Olympia, WA 98504-8001, e-mail htolbert@dol.wa.gov, fax (360) 570-7875, by July 10, 2006.

Assistance for Persons with Disabilities: Contact Harumi Tolbert by July 10, 2006, TTY (360) 664-8885 or (360) 664-1389.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The law was changed so that all definitions of limousines will be in rule. This change will allow vehicles that can be used as limousines but were not in the old law to be licensed as well as add new categories of limousines to be licensed.

This rule will define limousine categories.

Reasons Supporting Proposal: Until the new law was passed, all definition language was encompassed within RCW 46.04.274. The bill changed the law so that definitions would be developed using the rules process.

Statutory Authority for Adoption: RCW 46.04.274 Definitions, 46.01.110 Rule-making Authority, chapter 46.72A RCW, Limousines.

Statute Being Implemented: RCW 46.04.274.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Harumi Tolbert, Department of Licensing, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-1389; and Enforcement: Christine Fox, Washington State Patrol, Olympia, Washington, (360) 753-3697.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There are no additional costs to the public as a result of this rule amendment.

A cost-benefit analysis is not required under RCW 34.05.328.

May 22, 2006

Nancy Skewis, Administrator

Business Resource Section

OTS-8879.1


AMENDATORY SECTION(Amending WSR 96-16-032, filed 8/1/96, effective 9/1/96)

WAC 308-87-010   Definitions.   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Limousine" ((as defined in chapter 87, Laws of 1996.)) means a category of for hire, chauffeur-driven, unmetered, unmarked luxury motor vehicles that meet one of the following definitions:

(a) "Stretch limousine" means an automobile with a seating capacity of not more than twelve passengers behind the driver, and a maximum wheelbase of 277 inches. The wheelbase has been factory or otherwise altered beyond the original manufacturer's specifications and meets standards of the United States Department of Transportation. The automobile is equipped with amenities in the rear seating area not normally found in passenger cars. These amenities may include, but are not limited to, a television, musical sound system, telephone, ice storage, power-operated dividers, or additional interior lighting. Rear tailgates or hatches are not to be used as a primary door for loading or unloading passengers. The term "stretch limousine" excludes trucks, auto transportation companies, excursion buses, charter buses, minibuses, vehicles regulated under chapter 81.66 RCW, taxicabs, executive sedans, executive sport utility vehicles, stretch sport utility vehicles, funeral home vehicles, station wagons, executive vans, vans, minivans, and courtesy vans.

(b) "Executive sedan" means a four-door sedan automobile having a seating capacity of not more than three passengers behind the driver and a minimum wheelbase of 114.5 inches. An executive sedan is equipped with standard factory amenities, and the wheelbase may not be altered. The term "executive sedan" excludes trucks, auto transportation companies, excursion buses, minibuses, charter buses, vehicles regulated under chapter 81.66 RCW, taxicabs, stretch limousines, executive sport utility vehicles, stretch sport utility vehicles, funeral home vehicles, station wagons, executive vans, vans, minivans, and courtesy vans.

(c) "Executive van" means a van, minivan, or minibus having a seating capacity of not less than seven passengers and not more than fourteen passengers behind the driver. The term "executive van" excludes trucks, auto transportation companies, excursion buses, charter buses, vehicles regulated under chapter 81.66 RCW, taxicabs, stretch limousines, executive sedans, executive sport utility vehicles, stretch sport utility vehicles, funeral home vehicles, station wagons, and courtesy vans.

(d) "Classic car" means a fine or distinctive, American or foreign automobile that is thirty years old or older.

(e) "Executive sport utility vehicle" means an automobile with a seating capacity of not less than three passengers and not more than six passengers behind the driver, and a minimum wheelbase of 116 inches that has not been altered. Rear tailgates or hatches are not to be used as a primary door for loading or unloading passengers. The term "executive sport utility vehicle" excludes trucks, auto transportation companies, excursion buses, minibuses, charter buses, vehicles regulated under chapter 81.66 RCW, taxicabs, stretch limousines, executive sedans, stretch sport utility vehicles, funeral home vehicles, station wagons, executive vans, vans, minivans, and courtesy vans.

(f) "Stretch sport utility vehicle" means an automobile with a seating capacity of not more than fourteen passengers behind the driver or a total of fifteen occupants including the driver and a maximum wheelbase of 280" that has been factory or otherwise altered beyond the original manufacturer's specifications and meets standards of the United States Department of Transportation. The automobile is equipped with amenities in the rear seating area not normally found in passenger cars. These amenities may include, but are not limited to, a television, musical sound system, telephone, ice storage, power-operated dividers, or additional interior lighting. Rear tailgates or hatches are not to be used as a primary door for loading or unloading passengers. The term "stretch sport utility vehicle" excludes trucks, auto transportation companies, excursion buses, minibuses, charter buses, vehicles regulated under chapter 81.66 RCW, taxicabs, stretch limousines, executive sedans, executive sport utility vehicles, funeral home vehicles, station wagons, executive vans, vans, minivans, and courtesy vans.

(2) "Business owner" means operator or carrier as defined in chapter ((87, Laws of 1996)) 46.72A RCW.

(3) "Person or persons" means an individual, a corporation, association, joint stock association, partnership, limited liability partnership or limited liability ((companies)) company, or their lessees, trustees, or receivers.

(4) "Public highway" includes every public street, road, or highway in this state.

(5) "Chauffeur" means any person with a valid Washington state driver's license and authorized to drive a limousine as defined in chapter ((87, Laws of 1996)) 46.72A RCW.

(6) "Master license" as defined in chapter 19.02 RCW.

(7) "Vehicle certificate" is a limousine vehicle certificate issued by the department which must be carried in the limousine vehicle at all times. The vehicle certificate is not the vehicle registration.

(8) "Passenger capacity" may be determined using the information found on the label that is required by the United States Department of Transportation to be affixed to the vehicle pursuant to 49 CFR, parts 567 and 568. In absence of the label, a member of the Washington state patrol or the department of licensing may determine the passenger capacity upon visual inspection of the vehicle.

[Statutory Authority: 1996 c 87. 96-16-032, 308-87-010, filed 8/1/96, effective 9/1/96.]

Washington State Code Reviser's Office