WSR 08-15-097

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed July 17, 2008, 3:03 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-11-092.

Title of Rule and Other Identifying Information: Regulations for private carrier buses, chapter 204-32 WAC.

Hearing Location(s): General Administration Building, Room G-3, 210 11th Avenue S.W., Olympia, WA 98504, on August 26, 2008, at 1:00 p.m.

Date of Intended Adoption: August 27, 2008.

Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail equipment@wsp.wa.gov, fax (360) 596-4015, by August 26, 2008.

Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by August 26, 2008, (360) 596-4017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To consolidate vehicle lighting standards partly under this chapter into chapter 204-21 WAC, and rewriting remaining rules in clearer language.

Statutory Authority for Adoption: RCW 46.37.005 and 46.37.290.

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

Name of Proponent:

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Melissa Van Gorkom, General Administration Building, P.O. Box 42600, Olympia, WA 98504-2600, (360) 596-4017.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

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

July 10, 2008

John R. Batiste

Chief

OTS-1657.1


AMENDATORY SECTION(Amending Order 7001, filed 6/10/70, effective 7/15/70)

WAC 204-32-010   Definitions.   (1) "Chief" means the chief of the Washington state patrol or their designee.

(2) "Private carrier bus" means every motor vehicle designed for the purpose of carrying passengers (having a seating capacity for eleven or more persons) used regularly to transport persons in furtherance of any organized agricultural, religious or charitable purpose. Such term does not include buses operated by common carriers under a franchise granted by any city or town or the Washington public utilities commission.

(((2))) (3) "Stop signal" means a sign bearing the word "STOP" which is actuated by the driver of the bus.

(((3))) (4) "Signal lamps" means red lamps mounted on the vehicle to be used in conjunction with the "stop signal" when the bus is loading or unloading passengers under certain conditions.

(((4))) (5) "Warning sign" means a sign to be attached to the rear of the bus to inform following motorists of their duty to stop when the "signal lamps" are activated.

[Order 7001, 204-32-010, filed 6/10/70, effective 7/15/70.]


AMENDATORY SECTION(Amending WSR 99-18-028, filed 8/24/99, effective 9/24/99)

WAC 204-32-020   Standards for signal lamps.   The signal lamps required on private carrier buses ((shall)) must be constructed in conformance with the society of automotive engineers standard for "school bus red signal lamps," in effect at the time of manufacture of such lamps. All lamps used as signal lamps ((shall be of a type approved by the Washington state patrol)) must meet the requirements set forth for lighting under chapter 204-21 WAC.

[Statutory Authority: RCW 46.37.005 and 46.37.290. 99-18-028, 204-32-020, filed 8/24/99, effective 9/24/99; Order 7001, 204-32-020, filed 6/10/70, effective 7/15/70.]


AMENDATORY SECTION(Amending Order 7001, filed 6/10/70, effective 7/15/70)

WAC 204-32-030   Standards for stop signal.   The stop signal required on private carrier buses ((shall)) must:

(1) Be ((14)) fourteen inches vertically and ((18)) eighteen inches horizontally ((and shall)).

(2) Be treated with red reflective material.

(3) Have the word "STOP" ((shall be)) painted on the sign in white with letters which are a minimum of ((8)) eight inches in height and having a ((3/4)) three-quarter-inch stroke. ((Both sides of the sign shall be treated in the same manner and bear the same legend.)) (4) Meet the requirements outlined in above on both sides of the sign.

(5) Be mounted on the left side of the bus just below the window line and adjacent to the driver of the bus.

(6) Be hinged at the front edge of the sign.

(7) Be manually controlled by the driver of the bus.

(8) Be so constructed as to lock in an extended position perpendicular to the side of the bus and to also lock in the closed position parallel to the side of the bus.

(9) Only be actuated by the driver of a private carrier bus whenever such vehicle is stopped on the highway for the purpose of receiving or discharging passengers, except:

(a) When the passengers boarding or alighting do not have to cross a highway and the bus is stopped completely off the main traveled portion of the roadway; or

(b) When the bus is stopped at an intersection or place where traffic is controlled by a traffic officer or official control signal.

[Order 7001, 204-32-030, filed 6/10/70, effective 7/15/70.]


AMENDATORY SECTION(Amending Order 7001, filed 6/10/70, effective 7/15/70)

WAC 204-32-050   Identification signs.   A sign must be affixed to every private carrier bus ((shall bear on the front and rear thereof)) that is plainly visible ((signs containing)) and contains the words "private carrier bus." ((in)) The sign must:

(1) Have letters not less than ((8)) eight inches in height. ((The lettering shall be))

(2) Have letters that are at least ((3/4)) three-quarter-inch stroke. ((These signs shall))

(3) Be located above the windshield on the front of the bus and above the rear windows on the rear of the bus.

[Order 7001, 204-32-050, filed 6/10/70, effective 7/15/70.]


AMENDATORY SECTION(Amending WSR 99-18-028, filed 8/24/99, effective 9/24/99)

WAC 204-32-060   Warning sign.   A sign must be affixed to the rear of every private carrier bus ((shall be equipped with a sign on the rear of the bus which shall bear)) that is clearly visible and contains the words "unlawful to pass bus when red lights flash." The sign ((shall)) must:

(1) Be ((16)) sixteen inches vertically and ((32)) thirty-two inches horizontally. ((The sign shall have))

(2) Have a background of silver retrodirective-reflex reflective sheeting. ((The lettering shall all be))

(3) Have lettering that is size ((3)) three inch B. ((Line one shall))

(4) Have the letters "unlawful to" in black on line one. ((Line two shall))

(5) Have the letters "pass bus when" in black on line two. ((Line three shall))

(6) Have the letters "red lights flash" in red on line three.


EXCEPTION: Buses that do not stop upon the roadway to load or discharge passengers are exempt from the requirements of this section.

[Statutory Authority: RCW 46.37.005 and 46.37.290. 99-18-028, 204-32-060, filed 8/24/99, effective 9/24/99; Order 7001, 204-32-060, filed 6/10/70, effective 7/15/70.]


AMENDATORY SECTION(Amending Order 7001, filed 6/10/70, effective 7/15/70)

WAC 204-32-090   Stops at railroad crossings.   (1) The driver of any private carrier bus, carrying any passenger, before crossing at grade any track or tracks of a railroad, ((shall)) must stop such vehicle within fifty feet but no less than fifteen feet from the nearest rail of such railroad and while so stopped ((shall)) must listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train and ((shall)) must not proceed until he can do so safely.

(2) After stopping as required and upon proceeding when it is safe to do so the driver of any private carrier bus ((shall)) must cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver ((shall)) must not shift gears while crossing the track or tracks.

(3) No stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.

[Order 7001, 204-32-090, filed 6/10/70, effective 7/15/70.]


AMENDATORY SECTION(Amending Order 7001, filed 6/10/70, effective 7/15/70)

WAC 204-32-100   Inspection of buses.   The chief ((of the Washington state patrol)) may, from time to time, require that every private carrier bus be presented at some location which ((shall)) must be designated by him for the purpose of inspection of the vehicle to determine if the vehicle is equipped as required by law and the provisions of this regulation.

[Order 7001, 204-32-100, filed 6/10/70, effective 7/15/70.]


AMENDATORY SECTION(Amending Order 7001, filed 6/10/70, effective 7/15/70)

WAC 204-32-110   Bus stops and routing.   The chief ((of the Washington state patrol)) may delegate officers of the Washington state patrol to work with private carrier bus operators and owners to establish routes and passenger loading and unloading locations which will provide the greatest safety for bus passengers and the motoring public. Bus stops and routes established by this means ((shall)) must be adhered to by private carrier bus drivers.

[Order 7001, 204-32-110, filed 6/10/70, effective 7/15/70.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 204-32-040 Mounting and activation of warning devices.
WAC 204-32-070 Color of turn signal and stop lamps.
WAC 204-32-080 Use of warning devices.
WAC 204-32-120 Effective date.

Washington State Code Reviser's Office