WSR 10-15-083

EMERGENCY RULES

DEPARTMENT OF LICENSING


[ Filed July 19, 2010, 12:01 p.m. , effective July 19, 2010, 12:01 p.m. ]


Effective Date of Rule: Immediately.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: See below.

Purpose: Amend sections within chapter 308-330 WAC, the model traffic ordinance (MTO), to incorporate statutory changes made from 2004 to 2009, inclusive.

Citation of Existing Rules Affected by this Order: Amending WAC 308-330-197, 308-330-316, 308-330-320, 308-330-415, 308-330-464, and 308-330-700.

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 violation of recently enacted statutes 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 6, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 19, 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