WSR 10-14-081

EMERGENCY RULES

DEPARTMENT OF LICENSING


[ Filed July 1, 2010, 3:42 p.m. , effective July 1, 2010, 3:42 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend WAC 308-330-464, in the model traffic ordinance (MTO), to include violations of RCW 46.61.667 Using a wireless communications device while driving and 46.61.668 Sending, reading, or writing a text message while driving.

Citation of Existing Rules Affected by this Order: Amending WAC 308-330-464.

Statutory Authority for Adoption: RCW 46.90.010.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Avoiding the delay resulting from permanent rule adoption will enable local law enforcement to hold drivers accountable for the public safety hazard presented in using cell phones or text messaging while driving by enabling them to cite the MTO which has been adopted by many local authorities, rather than state statute, since many are accustomed to cite to the MTO. The proposal for a permanent rule, with an opportunity for comment, is forthcoming.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 1, 2010.

Alan Haight

Deputy Director


AMENDATORY SECTION(Amending WSR 04-18-061, filed 8/27/04)

WAC 308-330-464   RCW sections adopted -- Operation and restrictions.   The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600, 46.61.605, 46.61.606, 46.61.608, 46.61.610, 46.61.611, 46.61.612, 46.61.614, 46.61.615, 46.61.620, 46.61.625, 46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655, 46.61.660, 46.61.665, 46.61.667, 46.61.668, 46.61.670, 46.61.675, 46.61.680, 46.61.685, 46.61.687, 46.61.688, 46.61.690, 46.61.700, 46.61.710, 46.61.720, 46.61.725, 46.61.730, and 46.61.740.

[Statutory Authority: RCW 46.90.010. 04-18-061, 308-330-464, filed 8/27/04, effective 9/27/04; 02-04-075, 308-330-464, filed 2/1/02, effective 3/4/02; 94-01-082, 308-330-464, filed 12/13/93, effective 7/1/94.]

Washington State Code Reviser's Office