WSR 11-23-131

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed November 21, 2011, 4:41 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-19-055.

Title of Rule and Other Identifying Information: Chapter 204-95 WAC, Limousine businesses.

Hearing Location(s): General Administration Building Auditorium, on December 27, 2011, at 11:30.

Date of Intended Adoption: January 2012.

Submit Written Comments to: CVEO 4 William Balcom, 210 11th Avenue S.W., Room G21, Olympia, WA 98504-2614, e-mail William.balcom@wsp.wa.gov, fax (360) 596-3829, by December 26, 2011.

Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by December 23, 2011, (360) 596-4017.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: During the 2011 legislative session SSB 5502 was passed which added language allowing a city with a population of five hundred thousand or more to enforce chapter 46.72A RCW through a joint agreement with the department of licensing.

Reasons Supporting Proposal: Updates to the WAC are necessary to bring the rules in line with RCW and provide cleanup to the existing language.

Statutory Authority for Adoption: RCW 46.37.005 and 46.72A.030.

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

Name of Proponent: Washington state patrol, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: William Balcom, GA Building, P.O. Box 42614, Olympia, WA 98504, (360) 596-3807; and Enforcement: Washington State Patrol, GA Building, P.O. Box 42614, Olympia, WA 98504, (360) 596-3807.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This change is to implement statutory language and should not impact a small business.

A cost-benefit analysis is not required under RCW 34.05.328. Not a significant rule as defined in the RCW.

November 21, 2011

John R. Batiste

Chief

OTS-4381.2


AMENDATORY SECTION(Amending WSR 02-21-001, filed 10/2/02, effective 11/2/02)

WAC 204-95-030   Fees.   (1) The fee for each vehicle inspection will be $25.00. The ((master license service of the)) department of licensing, as authorized in RCW 46.72A.030 and 46.72A.090, ((shall)) will charge ((and collect)) the ((following)) inspection fees on behalf of the ((Washington state patrol:


((Fees listed in WAC 308-87-060
Initial and Annual Limousine Vehicle Safety Inspection $25.00
Background Check Fees as set in WAC 446-20-600))

inspecting agency, except a city or port that meets the criteria in chapter 46.72A RCW may collect the fee at the time of the inspection.

(2) When required for a limousine carrier business license applicant, licensee, or limousine chauffeur, the background check ((shall)) will consist of a ((fingerprint card based criminal background search at the state level conducted by the Washington state patrol identification section)) background check as allowed through the Washington state Criminal Records Privacy Act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834 as outlined in WAC 308-87-070. Pursuant to RCW 43.43.742, the applicant, driver, or employer will pay cost associated with the record check.

[Statutory Authority: RCW 46.37.005. 02-21-001, 204-95-030, filed 10/2/02, effective 11/2/02. Statutory Authority: RCW 46.72A.030. 97-03-127, 204-95-030, filed 1/22/97, effective 2/22/97.]


AMENDATORY SECTION(Amending WSR 02-21-001, filed 10/2/02, effective 11/2/02)

WAC 204-95-080   Annual inspections, safety of equipment.   (1) Upon the request of a limousine carrier business license applicant or licensee applying for the initial issuance, or annual renewal of their limousine vehicle certificate(s) with the department of licensing, the ((Washington state patrol shall)) inspecting agency as outlined in RCW 46.72A.030 will conduct a safety inspection of the vehicle(s) to be used in the limousine service. Applicants and licensees must present their limousine vehicle(s) at ((a Washington state patrol)) an inspection site established by the inspection agency, by appointment((, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m)). The limousine vehicle must pass the inspection to qualify for initial issuance or renewal of the limousine vehicle certificate by the department of licensing. The vehicle inspection will consist of the following:

(((1))) (a) Verification of vehicle liability insurance and current vehicle registration.

(b) Check of all standard equipment for vehicles ((will be checked)) for conformance with requirements as outlined in chapter 46.37 RCW, to include: Brake ((systems)) equipment, functional brake performance test, wheel systems, steering and suspension, fuel system, exhaust system, lighting and signal system, visibility system, window safety glazing and sunscreening or coloring, body components, horn, doors, hood, trunk latch, seatbelts, and bumpers.

(c) Review of interior condition and cleanliness.

(2) Upon successful completion of the safety inspection, the licensee will be given a copy of the inspection form to submit to department of ((licensing)) revenue. Upon receipt and approval of all licensing documents and fees, the ((master license service)) department of licensing will issue a decal ((to the limousine carrier business licensee for each limousine vehicle to be placed on the vehicle's right rear bumper.)) which must be located to the left of the rear license plate, easily observable, and within twelve inches of the plate. The decal shall not be affixed to the license plate or a light.

(3) If a vehicle fails the initial inspection, the original inspection paperwork must be provided at the time of reinspection, and the reinspection must be done at the same inspection facility as the initial inspection.

[Statutory Authority: RCW 46.37.005. 02-21-001, 204-95-080, filed 10/2/02, effective 11/2/02. Statutory Authority: RCW 46.72A.030. 97-03-127, 204-95-080, filed 1/22/97, effective 2/22/97.]

Washington State Code Reviser's Office