WSR 10-15-058

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 15, 2010, 9:52 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-23-078.

Title of Rule and Other Identifying Information: Model traffic ordinance.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on August 24, 2010, at 3:00 p.m.

Date of Intended Adoption: August 25, 2010.

Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 586-8351, by June 21, 2010.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by June 21, 2010, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 308-330-197, 308-330-316, 308-330-320, 308-330-415, 308-330-464 and 308-330-700, to incorporate statutory changes made from 2004 to 2009, inclusive.

Reasons Supporting Proposal: The department is required to adopt a model traffic ordinance for use by any city, town, or county under the provisions of RCW 46.90.010.

Statutory Authority for Adoption: RCW 46.90.010.

Statute Being Implemented: RCW 46.90.010.

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

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, Olympia, Washington, (360) 902-3846; Implementation and Enforcement: Doron Maniece, Highways-Licenses Building, Olympia, Washington, (360) 902-3850.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.025(3).

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).

July 15, 2010

Walt Fahrer

Rules Coordinator


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

WAC 308-330-197   RCW sections adopted -- Off-road and nonhighway vehicles.   The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles 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 46.09.020, 46.09.040, 46.09.050, 46.09.085, 46.09.115, 46.09.117, 46.09.120, 46.09.130, 46.09.140, 46.09.180, and 46.09.190.

[Statutory Authority: RCW 46.90.010. 04-18-061, 308-330-197, filed 8/27/04, effective 9/27/04; 97-10-068, 308-330-197, filed 5/5/97, effective 6/5/97; 94-23-029, 308-330-197, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-197, filed 12/13/93, effective 7/1/94.]


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

WAC 308-330-316   RCW sections adopted -- Vehicle lighting and other equipment.   The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment 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 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.193, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.395, 46.37.400, 46.37.410, 46.37.420, 46.37.4215, 46.37.4216, 46.37.423, 46.37.424, 46.37.425, 46.37.430, 46.37.435, 46.37.440, 46.37.450, 46.37.465, 46.37.467, 46.37.470, 46.37.480, 46.37.490, 46.37.495, 46.37.500, 46.37.510, 46.37.513, 46.37.517, 46.37.518, 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590, 46.37.600, 46.37.610, 46.37.620, 46.37.630, 46.37.640, 46.37.650, ((and)) 46.37.660, 46.37.670, 46.37.671, 46.37.672, 46.37.673, 46.37.674, 46.37.675, and 46.37.680.

[Statutory Authority: RCW 46.90.010. 04-18-061, 308-330-316, filed 8/27/04, effective 9/27/04; 00-18-067, 308-330-316, filed 9/1/00, effective 10/2/00; 97-10-068, 308-330-316, filed 5/5/97, effective 6/5/97; 96-13-089, 308-330-316, filed 6/19/96, effective 7/20/96; 95-23-042, 308-330-316, filed 11/13/95, effective 12/14/95; 94-01-082, 308-330-316, filed 12/13/93, effective 7/1/94.]


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

WAC 308-330-320   RCW sections adopted -- Size, weight, load.   The following sections of the Revised Code of Washington (RCW) pertaining to vehicle size, weight, and load 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 46.44.010, 46.44.013, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041, 46.44.042, 46.44.043, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.090, 46.44.091, 46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.105, 46.44.120, 46.44.130, 46.44.140, 46.44.170, 46.44.173, 46.44.175, 46.44.180, and 46.44.190.

[Statutory Authority: RCW 46.90.010. 04-18-061, 308-330-320, filed 8/27/04, effective 9/27/04; 02-04-075, 308-330-320, filed 2/1/02, effective 3/4/02; 94-23-029, 308-330-320, filed 11/8/94, effective 12/9/94; 94-01-082, 308-330-320, filed 12/13/93, effective 7/1/94.]


AMENDATORY SECTION(Amending WSR 00-18-067, filed 9/1/00)

WAC 308-330-415   RCW sections adopted -- Right of way.   The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties 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 46.61.100, 46.61.105, 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61.145, 46.61.150, 46.61.155, 46.61.160, 46.61.165, 46.61.180, 46.61.183, 46.61.185, 46.61.190, 46.61.195, 46.61.200, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.230, 46.61.235, 46.61.240, 46.61.245, 46.61.250, 46.61.255, 46.61.260, 46.61.261, 46.61.264, 46.61.266, and 46.61.269.

[Statutory Authority: RCW 46.90.010. 00-18-067, 308-330-415, filed 9/1/00, effective 10/2/00; 97-10-068, 308-330-415, filed 5/5/97, effective 6/5/97; 94-01-082, 308-330-415, filed 12/13/93, effective 7/1/94.]


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, 46.61.723, 46.61.725, 46.61.730, 46.61.735, 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.]


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

WAC 308-330-700   RCW sections adopted -- Disposition of traffic infractions.   The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractions as now or hereafter amended are hereby adopted by such reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.63.010, 46.63.020, 46.63.030, 46.63.040, 46.63.060, 46.63.070, 46.63.073, 46.63.075, 46.63.080, 46.63.090, 46.63.100, 46.63.110, 46.63.120, 46.63.130, 46.63.140, 46.63.151, ((and)) 46.63.160, and 46.63.170.

[Statutory Authority: RCW 46.90.010. 04-18-061, 308-330-700, filed 8/27/04, effective 9/27/04; 94-01-082, 308-330-700, filed 12/13/93, effective 7/1/94.]

Washington State Code Reviser's Office