WSR 06-19-070

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed September 19, 2006, 9:26 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-15-141.

Title of Rule and Other Identifying Information: WAC 468-510-010 High occupancy vehicles, the WAC section describes the types of motor vehicles authorized to travel on portions of interstate highways, state highways, and associated ramps, reserved as high-occupancy vehicle (HOV) lanes.

Hearing Location(s): Washington State Department of Transportation, Commission Board Room 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504, on November 2, 2006, at 10:00 a.m.

Date of Intended Adoption: November 2, 2006.

Submit Written Comments to: Michael J. Dornfeld, Washington State Department of Transportation, P.O. Box 47344, Olympia, WA 98504-7344, e-mail dornfem@wsdot.wa.gov, fax (360) 705-7288, by November 2, 2006.

Assistance for Persons with Disabilities: Contact Michael J. Dornfeld by October 30, 2006, TTY (800) 833-6388 or (360) 705-7288.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will amend existing rules to incorporate single-occupant fire department vehicles as types of vehicles authorized to travel in HOV lanes on interstate highways, state highways, and associated ramps.

Reasons Supporting Proposal: The Washington State Association of Fire Chiefs requests this rule making to support time-critical nonemergency operations of single occupant fire department vehicles.

Statutory Authority for Adoption: RCW 47.52.025.

Statute Being Implemented: RCW 47.52.025.

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

Name of Proponent: Washington state department of transportation, governmental.

Name of Agency Personnel Responsible for Drafting: Michael J. Dornfeld, Olympia, Washington, (360) 705-7288.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is exempt under RCW 34.05.328 (5)(b)(iii).

September 15, 2006

John F. Conrad

Assistant Secretary

Engineering and

Regional Operations

OTS-8999.1


AMENDATORY SECTION(Amending WSR 03-20-083, filed 9/30/03, effective 10/31/03)

WAC 468-510-010   High occupancy vehicles (HOVs).   Pursuant to RCW 46.61.165 and 47.52.025, the department has reserved portions of interstate highways, state highways, and ramps, as HOV lanes for the exclusive use of public transportation vehicles or private motor vehicles with the number of occupants specified on signs. Motor vehicles authorized to use HOV lanes are:

(1) Rubber tired municipal transit vehicles conforming to RCW 46.04.355.

(2) Buses with a carrying capacity of sixteen or more persons, including the operator.

(3) Motorcycles conforming to RCW 46.04.330.

(4) Recreational vehicles with the number of occupants specified on signs.

(5) Official marked law enforcement and fire department vehicles equipped with emergency lights and siren, ((issued by a state, local or county law enforcement agency and)) operated by an on-duty state patrol, local, or county law enforcement personnel, or on-duty local, county, or special district fire department personnel.

(6) All other vehicles with the number of occupants specified on signs, except that trucks in excess of 10,000 lb. G.V.W. are prohibited from the use of HOV lanes regardless of the number of occupants. Tow trucks that would be otherwise prohibited because of weight or number of occupants may use HOV lanes when en route to an emergency on a specific roadway or roadside.

[Statutory Authority: RCW 46.61.165 and 47.52.025. 03-20-083, 468-510-010, filed 9/30/03, effective 10/31/03. Statutory Authority: Chapters 34.05 and 34.08 RCW. 98-12-062 (Order 178), 468-510-010, filed 6/1/98, effective 7/2/98.]

Washington State Code Reviser's Office