WSR 12-03-082

PERMANENT RULES

WASHINGTON STATE PATROL


[ Filed January 13, 2012, 2:59 p.m. , effective February 13, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: With the passage of SSB 5502 during the 2011 legislative session language was added 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. Updates to the WAC are necessary to bring the rules in-line with RCW and provide clean-up to the existing language.

Citation of Existing Rules Affected by this Order: Amending WAC 204-95-030 and 204-95-080.

Statutory Authority for Adoption: RCW 46.37.005 and 46.37.320.

Adopted under notice filed as WSR 11-23-131 on November 21, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 13, 2012.

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