WSR 09-11-041

EXPEDITED RULES

WASHINGTON STATE PATROL


[ Filed May 12, 2009, 9:41 a.m. ]

Title of Rule and Other Identifying Information: Amending WAC 204-24-040 Traction devices.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Melissa Van Gorkom, Washington State Patrol, P.O. Box 42600, Olympia, WA 98504-2600, fax (360) 596-4015, e-mail melissa.vangorkom@wsp.wa.gov , AND RECEIVED BY July 20, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending WAC 204-24-040 to add a word which was missed during the last change filed in 2008.

Reasons Supporting Proposal: The change made in 2008 was to include the new labeling that manufacturers are using. The change was intended to outline that tires meeting the specifications are marked with either one of two options (M&S labeling OR the mountain snowflake symbol). During the change in 2008, the word or was not inserted between the two options causing the rule to imply that both are required, which is not the case. This proposal will add the word or so that it is clear that either one is acceptable.

Statutory Authority for Adoption: RCW 46.37.005 and 46.37.420.

Statute Being Implemented: RCW 46.37.005 and 46.37.420.

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

Name of Proponent: Washington state patrol, governmental.

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

May 8, 2009

John R. Batiste

Chief

OTS-2407.1


AMENDATORY SECTION(Amending WSR 08-24-030, filed 11/24/08, effective 12/25/08)

WAC 204-24-040   Traction devices.   The following equipment items are approved by the state patrol for use as traction devices wherever traction devices are required by the department of transportation:

(1) Tire chains meeting the standards in WAC 204-24-020.

(2) Studded tires meeting the standards in WAC 204-24-030.

(3) Approved traction tires. An approved traction tire must have the following tread characteristics:

(a) A minimum of 4/32 inch tread, measured in the center portion of the tire at three locations equally spaced around the circumference of the tire.

(b) A relatively aggressive tread pattern designed primarily to provide additional starting, stopping, and driving traction on snow or ice. The tread must have ribs, lugs, blocks or buttons the edges of which are at an angle greater than thirty degrees to the tire circumferential centerline.

(c) On at least one side of the tread design, the shoulder lugs protrude at least 1/2-inch in a direction generally perpendicular to the direction of travel.

(d) Tires manufactured to meet these specifications must:

(i) Be permanently labeled on at least one sidewall with the words "mud and snow" or any contraction using the letters "M" and "S" (e.g. MS, M/S, M-S, M & S, etc.)((.)); or

(ii) Be permanently labeled on at least one side wall with the mountain/snowflake symbol.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 08-24-030, 204-24-040, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420. 92-05-016, 204-24-040, filed 2/10/92, effective 3/12/92; 83-21-080 (Order 83-10-01), 204-24-040, filed 10/19/83. Statutory Authority: RCW 46.37.005. 82-11-045 (Order 82-05-01), 204-24-040, filed 5/12/82; Order 7607, 204-24-040, filed 9/14/76; Order 6902, 204-24-040, filed 2/17/70.]

Washington State Code Reviser's Office