WSR 11-15-092

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed July 20, 2011, 9:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-12-049.

Title of Rule and Other Identifying Information: WAC 468-38-071 to reflect 2011 legislative revisions to gross weight and road segment length to the United States heavy haul corridor and add conditions to a divisible load permit for tarping system equipped vehicles.

WAC 468-38-050 to coincide with the revisions to WAC 468-38-071 as it pertains to divisible load permits for tarping system equipped vehicles.

WAC 468-38-270 Specialized equipment due to SB 5260 being passed and removing the saddlemount vehicle type from RCW 46.44.037 to be referenced in WAC 468-38-270.

Hearing Location(s): Transportation Building, Commission Board Room, 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504, on August 23, 2011, at 1:30 p.m.

Date of Intended Adoption: August 23, 2011.

Submit Written Comments to: James L. Wright, P.O. Box 47367, Olympia, WA 98504-7367, e-mail wrightji@wsdot.wa.gov, fax (360) 704-6350, by August 23, 2011.

Assistance for Persons with Disabilities: Contact Grant Heap by August 23, 2011, TTY (360) 705-7760 or (360) 705-6808.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 468-38-071, rules further define the requirements for the heavy haul corridor vehicles on US 97. Legislation revised the gross weight and increased the road segment length of the corridor.

WAC 468-38-093 [468-38-050], rules will establish conditions for compliance for overwidth tarping systems. RCW 46.44.092(3) authorizes a permit for tarping system equipped vehicles but did not establish conditions in which to do so.

WAC 468-38-101 [468-38-270], SB 5260 removes reference to saddlemount vehicle from statute to be referenced in administrative rule. Placing the saddlemount vehicle in rule allows for timely revisions at the state level when federal law revises the limits to the saddlemount vehicle type.

Reasons Supporting Proposal: Adoption of proposal will comply with statute and better define the administration and enforcement of the statutes on the US 97 heavy haul corridor, tarping system permits, and the saddlemount vehicle combination.

Statutory Authority for Adoption: RCW 46.44.090, 46.44.0915, 46.44.101.

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

Name of Proponent: WSDOT traffic office, commercial vehicle services, governmental.

Name of Agency Personnel Responsible for Drafting: Jim Wright, 7345 Linderson Way S.W., Tumwater, WA, (360) 704-6345; Implementation: Anne Ford, 7345 Linderson Way S.W., Tumwater, WA, (360) 705-7341; and Enforcement: Captain Darrin Grondel, 210 11th Street, GA Building, Olympia, WA, (360) 753-0350.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The new rules adopt current state requirements of farm implements and vehicles using heavy haul corridors without material change as referenced in RCW 34.05.310 (4)(c).

A cost-benefit analysis is not required under RCW 34.05.328. There is no additional cost related to these proposals. The proposals identify the conditions for vehicles transporting loads when vehicles are issued permits pursuant to RCW 46.44.0915 and 46.44.290.

July 20, 2011

Stephen T. Reinmuth

Chief of Staff

OTS-3994.1


AMENDATORY SECTION(Amending WSR 05-04-053, filed 1/28/05, effective 2/28/05)

WAC 468-38-050   Special permits for extra-legal loads.   (1) When can the department or its agents issue a permit for an extra-legal move? The following general conditions must be met:

(a) Application has been made in written or electronic format to the department or its agents (oral application is acceptable in face-to-face over-the-counter transactions) and the applicant has shown there is good cause for the move.

(b) The applicant has shown the configuration is eligible for a permit.

(c) The vehicle, vehicle combination and/or load has been thoroughly described and identified.

(d) The points of origin and destination and the route of travel have been stated and approved.

(e) The move has been determined to be consistent with public safety. The permit applicant has indicated that appropriate safety precautions will be taken as required by state law, administrative rule or specific permit instruction.

(2) How must a vehicle(s), including load, be configured to be eligible for a special permit to move on the state highways? A vehicle(s), including load, that can be readily or reasonably dismantled must be reduced to a minimum practical size and weight. Portions of a load may be detached and reloaded on the same hauling unit when the separate pieces are necessary to the operation of the machine or equipment which is being hauled: Provided, That the arrangement does not exceed special permit limits. Detached and reloaded pieces must be identified on the special permit. Permit requests for specific divisible loads are authorized under WAC 468-38-071.

(3) Are there any exceptions to dismantling the configuration? Yes. A vehicle, vehicle combination or load may stay assembled if by separating it into smaller loads or vehicles the intended use of the vehicle or load would be compromised (i.e., removing the boom from a self-propelled crane), the value of the load or vehicle would be destroyed (i.e., removing protective packaging), and/or it would require more than eight work hours to dismantle using appropriate equipment. The permit applicant has the burden of proof in seeking an exception. Configurations that fall under the exception must not exceed special permit limits.

(4) What does the applicant affirm when he/she signs the permit? The permit applicant affirms:

(a) The vehicle or vehicle combination and operator(s) are properly licensed to operate and carry the load described in accordance with appropriate Washington law and administrative code.

(b) They will comply with all applicable requirements stipulated in the permit to move the extra-legal configuration.

(c) The move (vehicle and operator) is covered by a minimum of seven hundred and fifty thousand dollars liability insurance: Provided, That a noncommercial move (vehicle and operator) shall have at minimum three hundred thousand dollars liability insurance for the stated purpose.

(d) Except as provided in RCW 46.44.140, the ((original)) official department special permit (((permit with original signature) or certified copy will)) signed by the permittee, or a copy of the signed permit, must be carried on the power unit at all times while the permit is in effect. Moves made by designated emergency vehicles, receiving departmental permit authorization telephonically, are exempt from this requirement.

(5) What specific responsibility and liability does the state assign to the permit applicant through the special permit? Permits are granted with the specific understanding that the permit applicant shall be responsible and liable for accidents, damage or injury to any person or property resulting from the operation of the vehicle covered by the permit upon public highways of the state. The permit applicant shall hold blameless and harmless and shall indemnify the state of Washington, department of transportation, its officers, agents, and employees against any and all claims, demands, loss, injury, damage, actions and costs of actions whatsoever, that any of them may sustain by reason of unlawful acts, conduct or operations of the permit applicant in connection with the operations covered by the permit.

(6) When and where can a special permit be acquired? The following options are available:

(a) Special permits may be purchased at any authorized department of transportation office or ((agency)) agent Monday through Friday during normal business hours.

(b) An application for a permit may be submitted by facsimile, including charge card information to an authorized location. The special permit will be issued and returned by facsimile subject to normal business hours.

(c) Companies that would like to self-issue permits for their own vehicles may apply to the department for this privilege. Department representatives will work with the company to determine if self-issuing is appropriate.

(d) The department will maintain and publish a list of authorized permit offices and ((agencies)) agents.

[Statutory Authority: RCW 46.44.090. 05-04-053, 468-38-050, filed 1/28/05, effective 2/28/05. Statutory Authority: RCW 46.44.090 and 47.01.071. 91-10-023 (Order 71), 468-38-050, filed 4/23/91, effective 5/24/91. Statutory Authority: RCW 46.44.090. 89-23-110 (Order 68), 468-38-050, filed 11/22/89, effective 12/23/89; 82-18-010 (Order 31, Resolution No. 156), 468-38-050, filed 8/20/82. Formerly WAC 468-38-150. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-050, filed 12/20/78. Formerly WAC 252-24-050.]

OTS-3992.1


AMENDATORY SECTION(Amending WSR 08-13-042, filed 6/12/08, effective 6/12/08)

WAC 468-38-071   Maximums and other criteria for special permits -- Divisible.   (1) Can a vehicle, or vehicle combination, acquire a permit to exceed the dimensions for legal vehicles in regular operation when moving items of a divisible nature? Yes. There are ((some very)) specific configurations that ((can)) receive extra length, extra width, or extra height when carrying a divisible load.

(2) What configurations can be issued a permit, and how are they measured? The configurations and measurement criteria are:

(a) An overlength permit may be issued to a truck-tractor to pull a single trailer or semi-trailer, with a trailer length not to exceed fifty-six feet. The measurement for the single trailing unit will be from the front of the trailer (including draw bar when used), or load, to the rear of the trailer, or load, whichever provides the greater distance up to fifty-six feet. Rear overhang may not exceed fifteen feet.

(b) An overlength permit may be issued to a truck-tractor to pull a set of double trailers, composed of a semi-trailer and full trailer or second semi-trailer, with a combined trailer length not to exceed sixty-eight feet. The measurement for double trailers will be from the front of the first trailer, or load, to the end of the second trailer or load, whichever provides the greatest distance up to sixty-eight feet. Note: If the truck-tractor is carrying an allowable small freight compartment (dromedary box), the total combined length of the combination, combined trailer length notwithstanding, is limited to seventy-five feet.

(c) An overlength permit may be issued to a log truck pulling a pole-trailer, trailer combination, carrying two distinct and separate loads, as if it was a truck-tractor pulling a set of double trailers. Measurement for the log truck, pole-trailer, trailer combination will be from the front of the first bunk on the truck to the rear of the second trailer, or load, whichever provides the greatest distance up to sixty-eight feet.

(d) An overheight permit may be issued to a vehicle or vehicle combination, hauling empty apple bins, not to exceed fifteen feet high. Measurement is taken from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.

(e) An overheight permit may be issued to a vehicle or vehicle combination owned by a rancher and used to haul ((his)) the rancher's own hay from ((his)) the rancher's own fields to feed ((his)) the rancher's own livestock, not to exceed fifteen feet high, measured from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.

(f) An overwidth permit, termed a tarping system permit, may be issued to a vehicle or vehicle combination for a divisible load when such vehicle is equipped with a tarping system as defined in WAC 468-38-073 (5)(n) and under the following conditions:

(i) The divisible load must be authorized by a tarping system permit in order to display the special conditions on the permit;

(ii) A tarping system permit is required for any divisible load exceeding one hundred and two inches (eight feet six inches) in width but not exceeding nine feet in width, all of which must be within the confines of the tarping system dimensions. For example, bulging of the tarping material, to accommodate the load, is not authorized;

(iii) A tarping system permit is authorized to be used in conjunction with either of the overlength permits authorized under (a) or (b) of this subsection; and

(iv) Vehicles operating with a tarping system permit are exempt from the requirements and restrictions listed in WAC 468-38-075(1).

(3) Are there any measurement exclusive devices related to these permits? Measurements should not include nonload-carrying devices designed for the safe and/or efficient operation of the vehicle, or vehicle combination components, for example: An external refrigeration unit, a resilient bumper, an aerodynamic shell, etc. Safety and efficiency appurtenances, such as, but not limited to, tarp rails and splash suppression devices, may not extend more than three inches beyond the width of a vehicle. The examples are not all inclusive.

(4) Are overweight permits available for divisible loads? Yes. There are specific criteria authorizing overweight permits to divisible loads.

(a) The secretary of transportation, or designee, may issue permits to department vehicles used for the emergent preservation of public safety and/or the infrastructure (i.e., snow removal, sanding highways during emergency winter conditions, emergent debris removal or retainment, etc.). The permits will also be valid for the vehicles in transit to or from the emergent worksite. The special permits may allow:

(i) Weight on axles in excess of what is allowed in RCW 46.44.041;

(ii) Movement during hours of the day, or days of the week, that may be restricted in WAC 468-38-175;

(iii) Exemption from the sign requirements of WAC 468-38-155(7) if weather conditions render such signs ineffectual; and

(iv) Movement at night, that may be restricted by WAC 468-38-175(3), by vehicles with lights that meet the standards for emergency maintenance vehicles established by the commission on equipment.

(b) Additional weight allowances are authorized through special permit for a segment of US-97 from the Canadian border to milepost ((331.22)) 331.12 designated as a heavy haul industrial corridor. The permits will authorize vehicles to haul divisible loads weighing up to the Canadian inter-provincial weight limits and must comply with the following requirements:

(i) Vehicles applying for the Canadian weight special permit must be licensed to their maximum legal weight limit in Washington state.

(ii) Displaying the US-97 heavy haul industrial corridor permit does not waive registration fees, fuel taxes, operating authority requirements, future legislative or regulatory changes. Except as provided in the provisions for the heavy weight industrial corridor on US-97, all Washington state and federal laws must be complied with.

(iii) Routes of travel are strictly limited: Both directions of US-97 from the Canadian border at milepost 336.48 to milepost ((331.22)) 331.12.

(iv) A Washington state axle spacing report is required for Canadian weight verification.

(v) The following descriptions indicate the maximum weight limits that will be permitted:

(A) Primary steering axle - 600 lbs. (272 kg) per inch (25.4 mm) of width of tire* with a maximum limit of 12,100 lbs.

(B) Other axles - 500 lbs. (227 kg) per inch of width of tire*.

(C) Single axles - 20,000 lbs. (9,100 kg) maximum.

(D) Tandem axles - 37,500 lbs. (17,000 kg) maximum.

*Width of tire is determined by tire side-wall nomenclature.

(E) Tridem axles.


Axle Spread Pounds Kilograms
94" (2.4m) to < 118" (3.0m) 46,300 21,000
118" (3.0m) to < 141" (3.6m) 50,700 23,000
141" (3.6m) to < 146" (3.7m) 52,900 24,000

Note: When computing allowable weights, the most conservative figure (whether weight per width of tire, axle weights, or gross weights) will govern.

(F) Maximum gross weight - pounds (kilograms).


Number of Axles 2 3 4 5 6 7 8
Truck 36,000 (16,350) 53,000 (24,250)
Truck and

Full Trailer

74,000

(33,500)

91,000

(41,250)

106,500

(48,250)

118,000

(53,500)

139,994

(63,500)

Truck and Pup 56,200 (25,450) 74,000 (33,550) 91,000 (41,250) 99,800 (45,250)
Tractor and Semi 52,300 (23,700) 69,700 (31,600) 87,100 (39,500) 95,900 - 102,500*
A-Train** 92,500 (41,900) 109,800 (49,800) 118,000 (53,500) 118,000 (53,500)
B-Train** 90,000 (40,700) 107,200 (48,600) 124,600 (56,500) ((137,800 (62,500))) 139,994

(63,500)

C-Train** 92,500 (41,900) 109,800 (49,800) 120,500 (54,600) 130,000 (58,500)

*Semi tridem axle spacing and weight limits:
94" to < 118" (2.4m to < 3.0m) spread - 95,900 lbs. (43,500 kg).
118" to < 141" (3.0m to < 3.6m) spread - 100,310 lbs. (45,500 kg).
141" to < 146" (3.6m to < 3.7m) spread - 102,500 lbs. (46,500 kg).
**Double trailer vehicles definition for this section:
A-Train: Double trailers coupled by a single drawbar.
B-Train: Two semi-trailers coupled by a fifth wheel mounted to rear of first trailer.
C-Train: Double trailers coupled by double drawbars with self-steering dolly axle(s).

[Statutory Authority: RCW 46.44.090 and 46.44.0915. 08-13-042, 468-38-071, filed 6/12/08, effective 6/12/08. Statutory Authority: RCW 46.44.090. 05-04-053, 468-38-071, filed 1/28/05, effective 2/28/05; 98-21-019 (Order 183), 468-38-071, filed 10/13/98, effective 11/13/98; 96-23-003, 468-38-071, filed 11/7/96, effective 12/8/96.]

OTS-3876.1


AMENDATORY SECTION(Amending WSR 05-12-001, filed 5/18/05, effective 6/18/05)

WAC 468-38-270   Specialized ((mobile)) equipment.   (1) Why are certain vehicles designated as specialized ((mobile)) equipment? Certain vehicles are designed and built for very unique functions other than transporting persons. The federal highway administration ((has classified)) classifies and references some of these vehicles as specialized ((mobile)) equipment in Title 23 CFR Part 658.13(e) and sets minimum and/or maximum parameters for the vehicle to operate ((legally)). The department ((has)) adopted these specialized classifications and accepted or further defined the legal parameters for operation on state highways. In addition to federal rule, the department has also recognized certain specially designed vehicles that, by necessity, exceed one or more of the vehicle size and weight parameters in chapter 46.44 RCW. The department has also classified these over-legal vehicles as specialized ((mobile)) equipment in order to ((address their needs, via)) authorized their movement on state highways, using a special motor vehicle permit, and provide a consistent administrative and enforcement treatment. ((This rule is not intended to encourage the development of vehicles that exceed the legal requirements of chapter 46.44 RCW.)) All vehicles exceeding legal requirements are subject to ((restricted access to the state highway network)) the requirements of this section and the requirements of chapter 46.44 RCW.

(2) What vehicle types are classified by Title 23 Code of Federal Regulations (CFR) 658.13(e) as specialized equipment, including size ((parameters, can)) limits, and authorized to operate ((legally)) on the state highways without a special permit? Listed in alphabetical order:

Automobile transporter: To be considered an automobile transporter, the power unit and the trailing unit must be modified to carry assembled automobiles. If the combination consists of a truck and stinger-steered trailing unit, the overall dimension for length ((can be up to)) must not exceed seventy-five feet, plus a front overhang of three feet and rear overhang of four feet. ((A)) If the combination consists of a tractor and semi-trailer (traditional high mount) ((may have an)), overall dimension for length ((of)) will not exceed sixty-five feet, plus three-foot front overhang and four-foot rear overhang.

Boat transporter: See automobile transporter.

Driveaway saddlemount vehicles: A combination consisting of a maximum of four trucks or truck tractors used in driveaway service where three of the vehicles are towed by the fourth in triple saddlemount position. The overall dimension for the length of the saddlemount combination will not exceed ninety-seven feet. Such combinations may include all axles of one vehicle loaded upon another, known as a fullmount.

Munitions carriers with dromedary equipment: A truck tractor equipped with a dromedary unit operating in combination with a semi-trailer transporting Class 1 explosives and/or any munitions related security material, as specified by the U.S. Department of Defense in compliance with 49 CFR 177.835, ((may have an)) overall dimension for length ((up to)) not to exceed seventy-five feet.

(3) What ((specialized equipment)) other vehicle types does the department recognize as specialized equipment for the purpose of oversize and overweight permitting? The following specialized equipment, including size and weight parameters, can operate with special permit((?)). Listed in alphabetical order:

Concrete pumper trucks: As a single unit fixed load vehicle, may exceed the legal weight limits ((up to the maximums established)) in RCW 46.44.041 and 46.44.042 with a special motor vehicle permit, but must comply with the requirements in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. ((Included with the fixed load are)) Pumper hose extensions and a ((necessary)) volume of water to flush the system ((at the job site)), when the pumping process is complete.

Construction equipment: Equipment used primarily for off-road heavy construction activity may be permitted for use on designated highway segments ((up to the maximums established)) identified in RCW 46.16.010 (5)(h)(i)(B) and (C) and must comply with the weight limits in RCW 46.44.091 ((when properly equipped for highway operation per chapter 46.37 RCW)). Equipment ((delivered to a construction site)) may operate without permit on highway segments designated as part of the construction zone.

Cranes: As a single unit fixed load vehicle, may exceed the legal weight limits ((up to the maximums established)) in RCW 46.44.041 and 46.44.042 with a special motor vehicle permit but must comply with the requirements in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. Cranes may be permitted with standard working components that are included within the rated capacity of the crane. A boom trailer or boom dolly will be permitted only when the boom is attached to the crane upper works, for the purpose of transferring load to meet weight requirements. A crane may be permitted with counterweights, outrigger assemblies, load block, hook and cable tension ball assembly also loaded on the boom trailer or boom dolly, as long as those components are included in the rated capacity of the crane and do not cause the vehicle to exceed permitted weight limits.

Well drilling trucks: As a single unit fixed load vehicle, may exceed the legal weight limits ((up to the maximums established)) in RCW 46.44.041 and 46.44.042 with a special motor vehicle permit but must comply with the requirements in RCW 46.44.091. Tire loading for the movement is limited to the lesser of six hundred pounds per inch width of tire or the tire manufacturer's rating with proper inflation, as determined by the nomenclature imprinted on the tire. ((In addition to the fixed load,)) The vehicle may carry drill extensions as part of the fixed load.

(4) Can specialized ((mobile)) equipment tow a licensed vehicle used for commute purposes? A specialized self-propelled single unit vehicle registered as a fixed load, operating under a fixed load permit, and/or cranes operating under an oversize/overweight permit (exclusive of boom dollies or trailers), may be permitted to tow a vehicle with a gross vehicle weight rating not to exceed eight thousand pounds. The overall length of the combination must not exceed seventy-five feet. The towed vehicle must be used for the sole purpose of commuting to and from the job site where the specialized ((mobile)) equipment is in service.

(5) Does a specialized ((mobile)) vehicle operating under an overweight or fixed load permit receive any exemption from weight postings or weight restrictions placed on highway infrastructure? No. Specialized mobile equipment must not cross load-restricted infrastructure when the equipment, either as a result of gross weight, axle weight or tire loadings, exceeds the stated capacity of the posting or restriction. However, exemptions to specific requirements, in WAC 468-38-075, may apply to specific fixed loads as identified in WAC 468-38-075.

[Statutory Authority: RCW 46.44.090 and 2005 c 189. 05-12-001, 468-38-270, filed 5/18/05, effective 6/18/05. Statutory Authority: RCW 46.44.090. 82-18-010 (Order 31, Resolution No. 156), 468-38-270, filed 8/20/82. Formerly WAC 468-38-380. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-38-270, filed 12/20/78. Formerly WAC 252-24-336.]

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