Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of this rule making is to amend WAC 468-510-010 High occupancy vehicles, to incorporate fire department vehicles.

     Citation of Existing Rules Affected by this Order: Amending WAC 468-510-010.

     Statutory Authority for Adoption: RCW 47.52.025 Additional powers, controlling use of limited access facilities -- High.

      Adopted under notice filed as WSR 06-19-070 on September 19, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 1, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: November 2, 2006.

John F. Conrad

Assistant Secretary

Engineering and Field 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.]

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