Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-10-092.

     Title of Rule and Other Identifying Information: Chapter 204-24 WAC, Traction devices.

     Hearing Location(s): General Administration Building, Room G21, Conference Room, 210 11th Avenue, Olympia, WA 98504, on September 9, 2010, at 9:30 a.m.

     Date of Intended Adoption: September 9, 2010.

     Submit Written Comments to: Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, e-mail melissa.vangorkom@wsp.wa.gov, fax (360) 596-4015, by September 9, 2010.

     Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by September 7, 2010, or (360) 596-4017.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provides clarifying language for the certification process of an alternative traction tire device in WAC 204-24-070 and provides a definition for alternative traction tire device in WAC 204-24-015.

     Reasons Supporting Proposal: Provides clarifying language.

     Statutory Authority for Adoption: RCW 46.37.005 and 46.37.420.

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

     Name of Proponent:

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

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The language being proposed is clarifying language to a process that is already in place. It is not anticipated that there will be a cost to small businesses associated with this proposed change.

     A cost-benefit analysis is not required under RCW 34.05.328. The proposal provides clarifying language regarding a process already in place.

July 28, 2010

John R. Batiste

Chief

OTS-3331.1

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

WAC 204-24-015   Definitions.   (1) "All wheel drive" means a vehicle which has four-wheel drive capability and may be driven with all wheels in gear.

     (2) "Alternative traction device (ATD)" means pneumatically driven chains which, when engaged, spin under the drive wheels automatically as traction is lost or a traction device differing from metal chains in construction, material or design but capable of providing traction equal to or exceeding that of such metal chains under similar conditions.

     (3) "Cable laid rope" means a compound laid rope consisting of several ropes or several layers of strands laid together into one rope.

     (((3))) (4) "Cable tire chains" means any ladder-type cable tire chain assemblies designed for use on tires that have been manufactured in accordance with the standards of the Tire & Rim Association, Inc.; 3200 West Market Street; Akron, Ohio 44313.

     (((4))) (5) "Cross cable fastener" means any suitable fastener used to attach each cross cable to the side cable. The fastener must be constructed and assembled to prevent accidental detachment.

     (((5))) (6) "Cross cable traction reinforcement sleeves" means a device that is constructed of the manufacturer's specified material and of suitable length and width to maximize traction, braking, cornering and longevity.

     (((6))) (7) "Fastener" means any suitable connecting device, secured to one end of a side cable constructed so that it can connect to the opposing end and be easily closed (engaged or fastened) and be readily opened (released) by hand.

     (((7))) (8) "Link tire chains" means tire chains which consist of at least two chain loops, one on each side of the tire, connected by evenly spaced metal cross chains across the tire tread.

     (((8))) (9) "Reinforced cross cables" means stranded cable wrapped or covered to provide increased resistance to abrasive wear. This covering may be either a hard drawn spring wire, a high-carbon steel wire or nylon type 6 or 12. The wrapped or covered cable must be enclosed by traction reinforcement sleeves covering said cable essentially from side connector to side connector. Cross cable must be of specified length and provide proper drape over the tire tread.

     (((9))) (10) "Side cable" means stranded cable to complete one full circumference along the tire sidewall.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 08-24-030, § 204-24-015, filed 11/24/08, effective 12/25/08.]

OTS-3332.1

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

WAC 204-24-070   Approval of tire chains or traction devices.   (1) Any tire chain, wheel chains, or studded tires((, or other traction devices)) meeting the standards in this chapter or certified under one of the following:

     (a) Conformance to Federal Motor Vehicle Safety Standards, or, if none,

     (b) Conformance to current standards and specifications of the Society of Automotive Engineers((, or, if none,

     (c) Certified for compliance by any recognized organization or agency such as, but not limited to, the American National Standards Institute, or the American Association of Motor Vehicle Administrators,)) will be considered as an approved type chain, or studded tire((, or other traction device by the state patrol)).

     (2) In order for an alternative traction device to be considered approved:

     (a) The alternative traction device must be:

     (i) Tested in accordance with a recognized standard; and

     (ii) Meet or exceed the standard as compared to the results of a referenced tire chain approved for use in the United States tested using the same standard.

     (b) The following information must be provided to the Washington state patrol:

     (i) Certification of test results, which must contain the following statement "I certify that the test methods, conditions and results reported are accurate and complete" and bear the signature of the tester.

     (ii) A copy of the testing standards used.

     (iii) Documentation of the testing results, which must include the data produced for each test comparing the alternative traction device to the referenced tire chain.

     (3) Links to the Code of Federal Regulations are available on the Washington state patrol web site at www.wsp.wa.gov. Copies of the CFR may also be ordered through the United States Government Printing Office, 732 N. Capitol Street, N.W., Washington, D.C. 20401. Copies of the SAE standards are available for review at the Washington State Patrol, 210 11th Avenue, Olympia, WA 98504, and may also be ordered from the Society of Automotive Engineers International, 400 Commonwealth Drive, Warrendale, PA 15096.

[Statutory Authority: RCW 46.37.005 and 46.37.420. 08-24-030, § 204-24-070, filed 11/24/08, effective 12/25/08. Statutory Authority: RCW 46.37.420. 92-05-016, § 204-24-070, filed 2/10/92, effective 3/12/92; 83-21-080 (Order 83-10-01), § 204-24-070, filed 10/19/83; 78-02-091 (Order 7607A), § 204-24-070, filed 1/30/78; Order 7607, § 204-24-070, filed 9/14/76.]

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