WSR 09-18-049

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed August 27, 2009, 9:13 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-12-035.

Title of Rule and Other Identifying Information: Chapter 136-28 WAC.

Hearing Location(s): County Road Administration Board, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, October 29, 2009, at 2:00 p.m.

Date of Intended Adoption: October 29, 2009.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, e-mail karen@crab.wa.gov, fax (360) 586-0386, by October 23, 2009.

Assistance for Persons with Disabilities: Contact Karen Pendleton by October 23, 2009, TTY (800) 833-6384 or (360) 753-5989.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending and adding new sections to current chapter 136-28 WAC, Standards of good practice -- Cooperative procedures for processing of county road accident reports.

Statutory Authority for Adoption: Chapter 36.78 RCW.

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

Name of Proponent: County road administration board, governmental.

Name of Agency Personnel Responsible for Drafting: Bob Moorhead, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, (360) 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, (360) 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, (360) 753-5989.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

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

August 17, 2009

Jay P. Weber

Executive Director

OTS-2386.2

Chapter 136-28 WAC

STANDARDS OF GOOD PRACTICE -- COOPERATIVE PROCEDURES FOR PROCESSING OF COUNTY ROAD ACCIDENT REPORTS


AMENDATORY SECTION(Amending WSR 05-11-037, filed 5/11/05, effective 6/11/05)

WAC 136-28-010   Purpose and authority.   RCW 36.78.070(1) authorizes the county road administration board to establish standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads. In order to maintain accurate information on the types and locations of collisions on county roads and implement the requirement of the National Highway Safety Act of 1966 that requires all states, in cooperation with their various local governments, to collect, compile and make reports to the National Highway Traffic Safety Administration in each state, the county road administration board has acted to coordinate the activities of the county engineers and the Washington state department of transportation. Each county engineer is to cooperate in this effort by following the procedure outlined below.

[Statutory Authority: Chapter 36.79 RCW. 05-11-037, 136-28-010, filed 5/11/05, effective 6/11/05; 04-05-001, 136-28-010, filed 2/4/04, effective 3/6/04; 99-01-021, 136-28-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-28-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. 90-17-076 (Order 79), 136-28-010, filed 8/16/90, effective 9/16/90; Order 5, 136-28-010, filed 4/23/68.]


AMENDATORY SECTION(Amending WSR 05-11-037, filed 5/11/05, effective 6/11/05)

WAC 136-28-020   County Location Coding Form (CLCF) reporting procedure.   The Washington state department of transportation (WSDOT) collects collision reports from all law enforcement agencies and receives collision reports from individual drivers. Periodically, the WSDOT ((will send or deliver to the county engineer's office in each county reports with attached county location coding forms (CLCF), concerning collisions occurring on county roads in that county)) makes CLCF reports available electronically.

The engineer will analyze ((the)) each report and complete the CLCF. For those collisions that the county engineer verifies did occur in his/her jurisdiction, ((only)) the completed CLCF will be returned electronically to the WSDOT. However, if the engineer determines that the collision did not occur on a roadway in the county's jurisdiction, he/she shall ((complete the bottom portion of)) enter that notation on the CLCF and return it ((and the collision report to)) electronically to the WSDOT.

[Statutory Authority: Chapter 36.79 RCW. 05-11-037, 136-28-020, filed 5/11/05, effective 6/11/05. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-28-020, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. 90-17-076 (Order 79), 136-28-020, filed 8/16/90, effective 9/16/90; Order 5, 136-28-020, filed 4/23/68.]


AMENDATORY SECTION(Amending WSR 05-11-037, filed 5/11/05, effective 6/11/05)

WAC 136-28-030   Coding detail.   (1) The county number shall be that particular number assigned to each county by the state office of financial management for county identification purposes.

(2) The county road log number shall be that particular five-digit number, including both leading and trailing zeros if applicable, assigned to each county road according to the county's latest county road log. No local names or numbers or other nomenclature shall be used in coding the road log number.

(3) The milepost shall be determined as accurately as practicable from a comparison of information on the collision report with the latest county road log.

(4) Collisions at an intersection with a state highway will be coded by the state department of transportation.

(5) To ensure uniformity, collisions at the intersection of any two county roads shall be coded to a road in the following priority order:

(a) The road with the higher functional class;

(b) The road that is the through route;

(c) The road with the lower road number.

(6) Collisions on roads and/or at intersections with dual city-county or county-county responsibilities shall be coded in general accordance with the procedures outlined herein based on a mutual understanding between the several jurisdictions involved.

[Statutory Authority: Chapter 36.79 RCW. 05-11-037, 136-28-030, filed 5/11/05, effective 6/11/05; 99-01-021, 136-28-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-28-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. 90-17-076 (Order 79), 136-28-030, filed 8/16/90, effective 9/16/90; Order 5, 136-28-030, filed 4/23/68.]


NEW SECTION
WAC 136-28-040   Action on accident reporting compliance by the county road administration board.   By December 31, 2010, at least ninety percent of the CLCFs made available to the county engineer prior to January 1, 2010, shall be completed and transmitted to WSDOT.

Beginning January 1, 2010, the county engineer shall complete and return to WSDOT at least ninety percent of all CLCFs for the current calendar year by December 31st of that year. The county road administration board will advise each county engineer of the status of the CLCF actions as of September 30th and December 31st of each year. Failure to comply may be cause for issuance of a conditional certificate of good practice by the board as specified in WAC 136-04-060 on behalf of the county in which the violation occurred. The first condition of such a conditional certificate of good practice shall be that the county be required, at the next regular or special meeting of the county road administration board, to show cause why a certificate of good practice should not be denied to that county.

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NEW SECTION
WAC 136-28-050   Determination of accident reporting compliance by the county road administration board.   At its second regular meeting of each calendar year, the county road administration board shall determine if any county is unreasonably delinquent in its statutory accident reporting for the preceding calendar year. In determining what is unreasonable, the county road administration board shall consider the following:

(1) Did the county provide prior notification of the possible accident reporting problems in writing to the county road administration board?

(2) How much greater than ten percent is the percentage of the delinquent accident reporting compared to the total county accident reporting for the same period?

(3) Are there extenuating circumstances beyond the control of the county that resulted in the delinquent accident reporting?

(4) What is the past record of the county regarding accident-reporting compliance?

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Washington State Code Reviser's Office