WSR 14-14-014 PROPOSED RULES WASHINGTON STATE PATROL [Filed June 23, 2014, 7:17 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-10-023.
Title of Rule and Other Identifying Information: Chapter 204-91A WAC, Towing businesses.
Hearing Location(s): General Administration Building, Room G-3, 210 11th Avenue, Olympia, WA 98504-2600, on August 5, 2014, at 10:30 a.m.
Date of Intended Adoption: August 6, 2014.
Submit Written Comments to: Sergeant John Buma, Motor Carrier Safety Division, Tow Coordinator, P.O. Box 42614, Olympia, WA 98504-2614, e-mail wsprules@wsp.wa.gov, fax (360) 596-3829, by July 30, 2014.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by August 2, 2014, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: There is a need for updates to some of the tow standards. This includes but may not be limited to:
WAC 204-91A-050 to update/clarify the term timely.
WAC 204-91A-060 to update/clarify signature requirements.
WAC 204-91A-080 to clarify current language regarding the process for suspension or revocation of letter of appointment.
WAC 204-91A-140 to clarify certain fees charged by a registered tow truck operator.
WAC 204-91A-170 to update the language to reflect current terminology and standards used for tow trucks.
Reasons Supporting Proposal: The proposed changes would provide updated language and clean up to ensure that there are no conflicts with the existing law and to provide clarification with regard to the requirements.
Statutory Authority for Adoption: RCW 46.37.005, 46.55.050, and 46.55.115.
Statute Being Implemented: RCW 46.37.005, 46.55.050, and 46.55.115.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: Sergeant John Buma, P.O. Box 42614, Olympia, WA 98504-2614, (360) 596-3804; and Enforcement: Commercial Vehicle Enforcement Bureau, P.O. Box 42614, Olympia, WA 98504-2614, (360) 596-3808.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
SUMMARY OF PROPOSED RULES: The Washington state patrol commercial vehicle enforcement bureau, motor carrier safety division is proposing amendments to chapter 204-91A WAC, Towing businesses.
The purpose of this chapter is to:
The proposed amendments to this chapter include:
SMALL BUSINESS ECONOMIC IMPACT STATEMENT (SBEIS)—DETERMINATION OF NEED: Chapter 19.85 RCW, the Regulatory Fairness Act, requires that the economic impact of proposed regulations be analyzed in relation to small businesses. The statute defines small businesses as those business entities that employ fifty or fewer people and are independently owned and operated.
These proposed rules impact towing businesses. These businesses fall under code number 488410 of the North American Industry Classification System.
Preparation of an SBEIS is required when a proposed rule has the potential of placing a disproportionate economic impact on small businesses. The statute outlines information that must be included in an SBEIS.
Commercial vehicle enforcement bureau has analyzed the proposed rule amendments and has determined that small businesses will potentially be impacted by these changes, with some costs considered "more than minor" and disproportionate to small businesses.
INVOLVEMENT OF SMALL BUSINESSES: The patrol through contact with a couple of tow businesses developed some basic estimates for the impact that the proposed rules may have on tow businesses. The impacts outlined below were developed based on these estimates and were shared with the tow businesses for their review and comment.
COST OF COMPLIANCE: Under chapter 19.85 RCW, commercial vehicle enforcement bureau, has considered annual costs to small businesses due to the language changes outlined below:
WAC 204-91A-050: Proposed changes include a change in the process for newly hired employees to clarify their allowable functions in "daily operations" prior to the patrol's suitability determination as to whether the employee is approved/disapproved per the rules outlined in chapter 204-91A WAC for tow businesses.
The patrol will notify the operator in a timely manner; however, there is a potential impact to the tow business when hiring a new employee due to the time it takes to conduct the suitability determination. The patrol is mitigating this impact by indicating in the rules that the term timely is normally fifteen business days.
WAC 204-91A-140: Proposed changes add a requirement for tow business[es] to provide detailed billing to the public, documentation that indicates arrival time at the tow business or storage facility and language that limits offloading their tow equipment, unless additional charges are agreed to by the registered owner, legal owner or agent of the vehicle and the tow business and such agreement is documented.
Currently, a tow business is limited by contract to charging up to a specific maximum amount for each class of tow used in services provided by the tow company. The potential impacts are limited to the maximum amount chargeable per contract. These amounts vary depending on the class of tow required for the service and duration of the service. The impacts to the business include requirements to maintain this additional documentation if the tow business charges for any time or labor and associated costs.
For any tow company that currently charges for equipment/labor at the tow business or storage facility, the impact would be the difference in time currently charged which may vary among businesses. However, the proposed rules mitigate this impact by allowing a tow operator to articulate the necessity for additional charges with the registered owner or agent in regards to additional equipment and extended service times if it is anticipated that additional time, labor and associate[d] costs are necessary. Provided that this agreement is documented, the tow company may charge in addition to the net time for the tow.
Disproportionate Economic Impact Analysis: When proposed rule changes cause more than minor costs to small businesses, the Regulatory Fairness Act requires an analysis that compares these costs between small businesses and ten percent of the largest businesses.
The commercial vehicle enforcement bureau looked at the disproportionate economic impact of these businesses and determined that there is not disproportional impact because all businesses are under the same contract and limited to the same maximum rates.
Mitigating Costs: The commercial vehicle enforcement bureau has plans for mitigating impacts for small businesses by:
Benefits for Proposed Rules: The benefits to the proposed changes are that the new language eliminates ambiguity, ensuring that all businesses are operating consistently statewide in the application of acceptable tow charges and billings generated for services performed and maintaining the appropriate supporting documentation. Additionally, limiting the allowable duties that can be performed by new employees adds protections both for the new employee and the public by disallowing potentially unqualified persons from acting in a capacity that they initially are not properly prepared for; yet, permitting the employment of a potential employee in a training environment suitable to his/her anticipated job function.
JOBS CREATED OR LOST: In collecting information, the commercial vehicle enforcement bureau does not anticipate that any jobs will be lost as a result of small businesses complying with these rules.
CONCLUSION: Commercial vehicle enforcement bureau has given careful consideration to the impact of proposed rules in chapter 204-91A WAC on small businesses. To comply with the Regulatory Fairness Act, chapter 19.85 RCW, commercial vehicle enforcement bureau has analyzed impacts on small businesses and proposed ways to mitigate potential costs considered more than minor and disproportionate.
Please contact Sergeant John Buma if you have any questions at (360) 596-3804.
A copy of the statement may be obtained by contacting Melissa Van Gorkom, Washington State Patrol, P.O. Box 42600, Olympia, WA 98504-2600, phone (360) 596-4017, fax (360) 596-4015, e-mail wsprules@wsp.wa.gov.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Melissa Van Gorkom, Washington State Patrol, P.O. Box 42600, Olympia, WA 98504-2600, phone (360) 596-4017, fax (360) 596-4015, e-mail wsprules@wsp.wa.gov.
June 16, 2014
John R. Batiste
Chief
AMENDATORY SECTION (Amending WSR 09-09-118, filed 4/21/09, effective 5/22/09)
WAC 204-91A-050 Adding or removing ((drivers)) employees or vehicles.
(1) ((Drivers:
(a))) If an operator becomes aware that the driving privileges of any tow truck driver no longer meet the minimum licensing requirements, the operator must prohibit that person from operating any tow truck.
(((b))) (2) If an operator employs a new ((driver)) employee:
(((i))) (a) The operator must notify the inspector in writing within three days of employing the new ((driver)) employee using the form provided by the inspector. Until the inspector approves the new employee, the new employee must be:
(i) In the immediate presence of an employee already approved by the patrol;
(ii) Trained by an employee with experience in the same job functions.
(b) The inspector will notify the operator, in a timely manner, normally fifteen business days, if the new employee does not meet the minimum licensing requirements, or the requirements established by chapter 204-91A WAC.
(((iii))) (c) The operator must not use the check performed by the inspector as part of the preemployment screening processes for a new employee. ((The new employee must contact the inspector in writing to request a waiver.
(2))) (3) Vehicles:
(a) If a tow truck is sold or transferred from the business, within three days, the operator must:
(i) Advise the inspector.
(ii) Send the issued cab card permit to the inspector via U.S. mail or another method agreed upon by the parties.
(iii) Remove any decals indicating truck class, company name, district, and tow zone. Once notification is made, the inspector will notify the department and the patrol.
(b) If a tow truck is purchased or acquired, the operator must immediately notify the patrol and request an inspection. The patrol must complete an inspection and issue either a cab card permit, or decal or both before the new tow truck is used for impound calls.
(c) Tow trucks newly acquired or purchased must meet the current equipment criteria listed in chapter 204-91A WAC.
AMENDATORY SECTION (Amending WSR 13-18-065, filed 9/3/13, effective 10/4/13)
WAC 204-91A-060 Application and qualifications for letter of appointment.
(1) An application must be approved and a letter of appointment issued by the patrol before an operator is authorized to provide towing services for the patrol pursuant to this chapter. However, nothing herein prohibits the patrol from calling a towing business upon the specific request of a person responsible for a vehicle or his/her agent.
(2) An application for letter of appointment must be completed by:
(3) To be issued a letter of appointment, the applicant(s) must:
(a) Complete the application form provided by the patrol; and
(b) Attach to the application a signed "letter of contractual agreement" listing the maximum tow rates to be charged for services resulting from state patrol originated calls; and
(c) Satisfy the requirements contained in WAC 204-91A-070; and
(d) Demonstrate through a letter included with the application that they have at least two years of experience within the towing industry, or be granted a waiver if the owner/operator does not have the required two years experience.
(i) The two years of experience must have been acquired within five years of the date of application. The two years of experience may be satisfied by demonstrating any of the following:
(A) He or she has been a registered tow truck operator for a minimum of two years prior to the date of application with at least one approved "A" or "B" class tow truck, additional trucks are optional, and has a working knowledge of the paperwork requirements for impounds; or
(B) He or she has worked as an employee of a tow company on the state patrol's rotational tow list and gained experience within the towing industry including, but not limited to, the operation of vehicles, complying with the state and federal standards and regulations, and processing of paperwork for auditing and other purposes; or
(C) He or she will keep in place the existing management team/employees for a minimum of one year upon purchasing the business.
(ii) If the owner/operator does not have the required two years experience, the owner/operator may be granted a waiver of this requirement. If the owner/operator is granted a waiver, the letter of appointment may be granted on a probationary basis for a period of one year from the date of the waiver.
(4) Upon receipt by the patrol of a completed application:
(a) The district office must:
(i) Complete the tow zone portion of the application form. The district commander or designee will enter "approved" or "disapproved" next to the zone designation and sign the application form; and
(ii) Forward the application ((and letter of contractual agreement)) form to the section.
(b) The section will ((assign the application)) review the application form to ensure the applicant(s) meet all the requirements as outlined under subsections (5) through (9) of this section. If the application is denied, a letter will be sent to the applicant(s) from the section articulating the reasons for the denial. If the application is approved it will be assigned a docket number which will be its permanent identification number for all matters relating to ((appointments, granted or denied, and any other correspondence with the patrol thereafter)) the application and letter of appointment.
(5) The patrol will refuse to issue or may revoke a letter of appointment or contract if the applicant, partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations:
(a) Has been convicted of any of the following:
(i) Any class A felony or any "sex offense" as defined in RCW 9.94A.030, regardless of the date of conviction; or
(ii) Any class B felony within the last ten years; or
(iii) Any class C felony within the last five years; or
(iv) A DUI, as defined in chapter 46.61 RCW, two or more times within the last five years; or
(v) Any gross misdemeanor within the last three years.
(b) Must register as a sex offender or kidnapping offender; or
(c) Has been granted a deferred prosecution under chapter 10.05 RCW for any gross misdemeanor within the last three years.
(6) The patrol may refuse to issue or may revoke a letter of appointment or contract if the applicant, partner, corporate officer involved in daily operations, or any employee who operates a tow truck, assists in vehicle auctions, or is involved in daily operations:
(a) Has been convicted of any misdemeanor within the last year; or
(b) Has been granted a deferred prosecution under chapter 10.05 RCW for any misdemeanor within the last year.
(7) The patrol may refuse to issue or may revoke a letter of appointment or contract if any applicant, partner or corporate officer involved in daily operations, or any employee who operates a tow truck or assists in vehicle auctions:
(a) Has demonstrated a willful disregard for complying with ordinances, statutes, administrative rules or court orders, whether at the local, state or federal level; or
(b) Fails to demonstrate character and general fitness sufficient to command the confidence of the patrol and warrant a belief that the business will be operated honestly, fairly and efficiently in the conduct of towing, impound, and vehicle auction activities. In determining character and general fitness, the patrol may consider:
(i) Prior contacts with law enforcement; and
(ii) Criminal record; and
(iii) Reputation in the community; and
(iv) Associations.
(8) A misrepresentation of fact found to have been made by an applicant during the application process or by a letter of appointment holder shall be deemed a lack of good faith and shall constitute good and sufficient cause for the denial of an application or the revocation or suspension of the letter of appointment.
(9) Only one application per year to tow on the patrol's rotational tow list will be accepted and considered for an applicant who has had their previous application denied or had their letter or contract of appointment revoked. The year will run from the date of application denial or the date of revocation of the letter of appointment.
(10) The term "conviction" as used in this section will have the same meaning as used in RCW 9.94A.030.
(11) Crimes referenced in this section are as defined in the criminal code as they existed at the time of the violation, as they now exist or may later be amended in the state of Washington. Out-of-state convictions for offenses will be classified according to the comparable offense definitions and sentences provided by Washington law.
AMENDATORY SECTION (Amending WSR 09-09-118, filed 4/21/09, effective 5/22/09)
WAC 204-91A-080 Suspension or revocation of letter of appointment.
The patrol may deny, suspend, or revoke a letter of appointment:
(1) Upon receiving evidence that any appointee has failed to comply or no longer complies with any requirement or provision of law or this chapter. The following process must be used:
(a) The patrol must give the appointee notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW, prior to denial, suspension, or revocation of the letter of appointment.
(b) Upon receiving notice of the action, the appointee may, within twenty days from the date of the notice of action, request in writing to the section commander a hearing on the denial, suspension or revocation of the letter of appointment. An adjudicative proceeding will be commenced within ninety days of the receipt of a hearing request. Failure to request a hearing, or failure to appear at a requested hearing, a prehearing conference, or any other stage of an adjudicative proceeding, will constitute default and may result in the entry of a final order under RCW 34.05.440.
(c) Upon receiving a hearing request, the section may, at the request of the appointee, or on its own initiative, schedule an informal settlement conference which will be without prejudice to the rights of the parties. The informal settlement conference will be held in the district where the company resides at a mutually agreed upon time and may result in a settlement agreement. If no agreement is reached, a hearing will be scheduled as outlined in chapter 34.05 RCW.
(2) Without prior notification if it finds that there is danger to the public health, safety, or welfare which requires immediate action. In every summary suspension of a letter of appointment, an order signed by the chief or designee must be entered, in compliance with the provisions of RCW 34.05.479. Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action shall be promptly instituted and determined. The patrol must give notice as is practicable to the appointee.
(3) Immediately if the department revokes or cancels the registered tow truck operator license or if the tow company's insurance certification bond is canceled.
(4) If the holder of a letter of appointment voluntarily relinquishes the letter, the inspector and the district commander will be advised in writing of this voluntary relinquishment. After receiving written notice, ((the district commander will instruct)) the inspector will attempt to obtain the ((original)) appointee's letter of appointment. If the owner/operator requests reissuance of a letter of appointment, the patrol may require a new application. Additionally, if applicable, all new equipment exempted under the previous letter of appointment must meet current requirements outlined in WAC and RCW.
(5) If violations of the terms and conditions of the letter of appointment that are subject to suspension for the first violation are categorized as major violations any subsequent or continuing major violation may be cause for termination unless the patrol imposes additional suspensions for longer periods, if deemed appropriate.
(a) When considering punitive action for a major violation of the letter of appointment, the ((district)) section commander may take into consideration all major and minor violations that occurred within thirty-six months prior to the date of the current violation.
(b) Terms of disciplinary action - Minor violations of the terms and conditions of the LOA may be cause for disciplinary action in the following manner:
(i) First violation within a twelve-month period - Letter of written reprimand;
(ii) Second violation within a twelve-month period - Thirty-day suspension;
(iii) Third violation within a twelve-month period - Sixty-ninety day suspension;
(iv) Fourth violation within a twelve-month period - Termination of the letter or appointment.
AMENDATORY SECTION (Amending WSR 13-18-065, filed 9/3/13, effective 10/4/13)
WAC 204-91A-140 Fees.
(1) Towing fees must be based on a flat, hourly rate only and will apply without regard to the hour of day, day of the week or whether the service was performed on a Saturday, Sunday, or state recognized holiday. The hourly rate for each class of truck must be charged for services performed for initial tows and secondary tows performed during business hours. Charges for secondary tows performed during nonbusiness hours, on weekends or state recognized holidays, if different from the hourly rate, must be negotiated and agreed upon with the vehicle owner/agent before the tow is made.
The tow inspector will investigate allegations of overcharging. Intentional overcharging or a pattern of overcharging will be cause for suspension. The tow operator's failure to reimburse the aggrieved customer(s) may be cause for suspension, after a tow inspector has determined that overcharging occurred and may result in the suspension or revocation of the tow operators letter of appointment. The suspension will remain in effect until the tow operator has presented to the patrol sufficient proof that the aggrieved customer(s) has been fully reimbursed.
(2) The chief or designee will, prior to October 15th of each year, establish maximum hourly towing rates for each class of tow truck and maximum daily storage rates that tow operators may charge for services performed as a result of state patrol calls. The maximum rates will be determined after consultation with members of the towing industry, review of current private towing rates, and such other economic factors as the chief deems appropriate.
When signed by the chief or designee and the tow operator, a contractual agreement to charge no more than the maximum rates will become part of the operator's letter of appointment. The tow operator may, however, adopt a rate schedule charging less than the maximum rates established by the chief.
The hourly rate must:
(a) Apply when a call for a tow is made by the state patrol, except as outlined under subsection (5) of this section. This includes, but may not be limited to, collisions and impound requests.
(b) Include all ancillary activities including, but not limited to, removal of glass, debris, and vehicle fluids less than one gallon from the roadway and areas referred to as the "scene or incident location," necessary winching, dolly service, drive line removal, installation of chains on the tow truck, installation of portable lights, vehicle hookup for towing or transporting, tire replacement and standby time. Before leaving any collision or incident location, the tow company must advise the department of transportation, the patrol, local law enforcement road department of all fluid spills greater than one gallon remaining.
(c) Include the labor of one person per truck. When responding with a class "C" or an S-1 rotator truck to a major collision or incident location; a second person is allowed at the hourly labor rate per contract for an extra ((RTO)) registered tow truck operator employee. Any charges for additional labor or ancillary vehicles, or both, or for removing debris, cargo, or other items at the collision or incident location must have prior authorization from the legal or registered owner/agent, or a member of the patrol at the scene, and must have documentation in the vehicle transaction file for inspection purposes.
(d) Be computed from the actual time the truck departs in response to a call until the truck returns to its tow zone, responds to another call, returns to the storage area, or returns to the place of business of the registered tow truck operator. Billing invoices must have the time of day a vehicle arrives at the storage area or place of business of the registered tow truck operator.
(i) If the vehicle's legal owner or registered owner consents to additional labor and associated equipment costs for offloading the vehicle at a storage area or registered tow truck operator's place of business, the registered tow truck operator may include these charges. The legal owner or registered owner's consent must be documented in the vehicle transaction file for inspection purposes.
(ii) The hourly rate must be applied to the resulting net time and, after the first hour, must be rounded to the nearest fifteen minutes. The operator may charge the hourly rate for the first hour or any fifteen minute portion thereof. ((After the first hour, no more than one-quarter of the hourly rate may be charged for each fifteen minutes of tow or service work performed.))
(e) Be evenly divided between customer vehicles transported when class "E" trucks are used for multiple towing/recovery services (one on bed, one in tow) from the same service call or incident location.
(3) The basic storage fee:
(a) Must be calculated using bumper to bumper measurements for vehicles, and using tongue to bumper measurements for trailers; and
(b) Must be calculated on a twenty-four-hour basis and must be charged to the nearest half day from the time the vehicle arrives at the secure storage area. Vehicles stored over twelve hours on any given day within the twenty-four-hour period may be charged a full day's storage. Vehicles stored less than twelve hours on any given day, may only be charged for twelve hours of storage; and
(c) Must be the same for all three and four-wheel vehicles twenty feet or less in length; and
(d) For vehicles or combinations exceeding twenty feet, the storage fee must be computed by multiplying each twenty feet of vehicle length, or any portion thereof, by the basic storage fee; and
(e) For motorcycles, operators may charge the basic storage fee for vehicles.
(4) After hours release fee may be assessed if the tow operator or employee must be at the business location specifically for the purpose of releasing the vehicle and/or property on any weekday after 5 p.m. and before 8 a.m.; Saturday or Sunday; or on any state recognized holiday. After hour fees must:
(a) Be based on a flat, hourly rate;
(b) Be applied to the resulting net time and, after the first hour, must be rounded to the nearest fifteen minutes; and
(c) Be no more than one-half of the class "A" rate.
(5)(a) Any tow operator who charges the general public (i.e., private citizens) rates lower than those identified in the contractual agreement for the following services must charge the same lower rate for similar services performed as a result of patrol initiated calls:
(i) Roadside mechanical service((,)) including, but are not limited to, fuel transfer, tire and belt changes;
(ii) Disabled vehicle tow/transportation;
(iii) Storage;
(iv) After hours release fees.
(b) The price requirement in subsection (a)(i) through (iii) of this section does not apply to unoccupied vehicle situations in which the owner/operator has had no prior contact with either the state patrol or the tow operator.
(6) Upon redemption of a vehicle, an additional charge may not be assessed for moving or relocating any stored vehicle from inside a tow operator's storage yard to the front of the business establishment.
(7) Tolls and ferry fares paid by the tow operator or employee as a result of charges attributed to services provided during travel to and from a service call while using the shortest reasonable route, may be added as a separate line item to the tow bill. Added charges must be evidenced by a receipt or highlighted (i.e., "Good to Go" or "Wave to Go") on the transaction document and kept in the vehicle transaction file for inspection purposes.
AMENDATORY SECTION (Amending WSR 13-18-065, filed 9/3/13, effective 10/4/13)
WAC 204-91A-170 Minimum tow truck equipment standards.
(1) All tow/recovery trucks used by a registered tow truck operator for public or private impounds or in response to patrol requests must meet the minimum standards listed in this section. Classes "A," "B," "B-2," "C," and "S-1" are considered recovery trucks for patrol requests and must be used by the registered tow truck operator in response to these requests unless the patrol requests and accepts nonrecovery trucks or other equipment.
(2) Minimum standards:
(a) All equipment used in conjunction with the tow truck winching system must be used in such a way as not to exceed the equipment working load limit. All equipment must comply with the Washington safety and health administration (WSHA) regulation if applicable.
Industry standards set the working load limit of wire rope or equivalent material at one-fifth of the manufacturer's rated nominal or breaking strength.
(b) Each wire rope or equivalent material must be capable of being fully extended from and fully wound onto its drum. Each wire rope or equivalent material must meet the industry standards for specified type of use with equipment.
OSHA (1410.179 (h)(2iiia)) requires no less than two wraps of rope remain on drum when rope is "fully extended." This is to ensure the full load never bears on the rope to drum connection.
(c) The wire rope on each recovery class truck must be equivalent to a 6 x 19 or 6 x 37 "extra improved plowed steel" (XIP) independent wire rope center (IWRC), and must meet all industry standards for working load limit.
(i) The operator must retain a receipt of purchase from the manufacturer indicating the type and WLL of wire rope, and document the type and date the wire rope was installed on each vehicle.
(ii) Class "A," "D," and "E" trucks may utilize either IWRC or fiber core wire rope.
(d) All wire rope must be in good working order. The following industry standards for out-of-service criteria will apply:
(i) No more than six randomly distributed broken wires in one rope lay, or more than three broken wires in one strand in one rope lay.
(ii) Excessive abrasion causing the loss of more than one-third the original diameter of an outside individual wire.
(iii) Evidence of rope deterioration from corrosion.
(iv) Kinking, crushing, or other damage that results in detrimental distortion of the rope structure.
(v) Any evidence of heat damage.
(vi) Any marked reduction in diameter either along the entire main length or in one section.
(vii) Unlaying or opening up of a tucked splice.
(viii) Core protrusion along the entire length.
(ix) End attachments that are cracked, deformed, worn, or loosened.
(x) Any indication of strand or wire slippage in end attachments.
(xi) More than one broken wire in the vicinity of fittings.
(e) Wire rope end connections shall be swaged or, if clamped, must have a minimum of three forged clamps spaced a minimum of six rope diameters apart and attached with the base or saddle of the clamp against the longer or "live" end of the cable. The "U" bolt will be placed over the short or "dead" end of the rope and will be of the proper size for the cable being clamped.
(i) Recovery or tow hooks must be installed, maintained, and used in the manner in which the manufacturer prescribes.
(ii) Recovery or tow hooks must be replaced if the throat opening has increased beyond the manufacturer recommendations, the load bearing point has been worn by ten percent, or the hook is twisted by more than ten degrees.
(iii) Wire rope clamps must be installed and torqued per manufacturer specifications.
(f) All wire rope related equipment, sheaves, etc., must conform to the diameter of the wire rope being used or to the original tow truck equipment manufacturer specifications.
(g) All winching equipment, booms, snatch blocks, etc., must have permanently affixed durable factory identification, stating the working load limit. If this identification has been removed or is no longer readable, it is criteria for placing the item out-of-service. Equipment may be reinspected by a recognized recertification company. If the equipment is acceptable, it may be reidentified with a working load limit and a recertification company identifier. It will be deemed acceptable if the operator maintains a copy of the certification of winching equipment provided the serial number on the equipment corresponds with the certification provided by the manufacturer.
(h) Snatch block hooks that were manufactured with a retractable safety retention clip must have a functional clip installed.
(i) All block and tackle equipment used in the winching system which shows signs of permanent deformation, significant wear or damage is criteria for placing the item out-of-service.
(j) All "J" hook chain assemblies must be grade "7" chain or better.
(k) Safety chains must only be used for the securing of vehicles to the truck. Must be minimum grade "7" chain or meet the original manufacturer's recommendations. Safety chain hooks that were manufactured with retractable safety retention clips must have a functional clip installed.
(l) Comply with legal lighting, equipment, and license requirements.
(m) Portable tail, stop, and turn signal lights for vehicles being towed. When in use, the lights must be mounted on the same level and as widely spaced laterally as practicable.
(n) Have department of licensing registration and truck numbers painted or permanently affixed to both sides of the truck. Have firm's name, city of address, and phone number permanently affixed to both sides of the vehicle. Letters must be a minimum of three inches high with one-half inch strokes.
(o) Have a revolving, strobe, or intermittent red light with three hundred sixty degrees visibility. Trucks may also be equipped with flashing amber and/or white lights which may be used in conjunction with the red lamps. Additionally, trucks must also be equipped with a warning light visible from the driver seat which is energized when the red revolving light or flashing amber lights are activated.
(p) Have a broom, minimum twelve inches wide, with a handle at least four feet long.
(q) Have a scoop type shovel, minimum seven inches wide, overall length minimum three feet long and a minimum of a three-gallon hard or solid sided receptacle (trash bags of any type will not meet this requirement) able to contain debris typically found at collision scenes without breaking.
(r) Be maintained in a reasonably clean condition.
(s) Have at least one steel pinch bar four feet long, tapered on one end and flattened on the other with a minimum diameter of three-quarters of an inch.
(t) Have a two-way radio or mobile telephone capable of communicating with a base station. A citizen band radio does not suffice. The communication device must:
(i) Be in proper working order and function correctly throughout the assigned tow areas for all towing operations including on call drivers.
(ii) Be used in a lawful manner.
(u) Have one 20 BC rated or two 10 BC rated fire extinguishers accessible and secured on or in the tow truck.
(v) Axle weight must comply with the requirements of RCW 46.37.351.
(w) Carry two gallons of absorbent material designed to and capable of absorbing a one-gallon liquid spill from a motor vehicle. For the purposes of this chapter, vehicular liquids consist of motor oil, antifreeze, transmission fluid, and gear oil.
(3) Class "A" tow trucks: Trucks that are capable of towing and recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. Class "A" tow trucks must meet the requirements of subsection (2)(a) through (w) of this section, and in addition must have:
(a) A fourteen thousand five hundred pound minimum manufacturer's gross vehicle weight rating (GVWR).
(b) Dual tires on the rear axle.
(c) A minimum of one hundred feet of three-eighths inch continuous length XIP wire rope on each drum, measured from the point of attachment at the drum to the hook.
(d) A minimum eight-ton boom rating with a single hydraulic boom. Dual winches to control a minimum of two service drums.
(e) A minimum of two snatch blocks rated at 4.0 tons each.
(f) A wheel lift, tow sling, or other comparable device made of material and used in such manner so as to protect vehicles being towed or recovered.
(g) A portable dolly or its equivalent for hauling vehicles not otherwise towable. The transported vehicle must be attached to the dolly or its equivalent with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(h) If equipped with a wheel lift system, it must have a fully extended working load rating of at least three thousand pounds and a seven thousand pound tow rated capacity. The transported vehicle must be attached to the wheel lift with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(i) A minimum of one ten-foot or two five-foot recovery chains used in the winching system and must be minimum grade "7" chain with matching fittings.
(j) Permanently affixed safety chains.
(4) Class "B" tow trucks: Trucks that are capable of towing and/or recovery of medium size trucks, trailers, motor homes, or equivalent vehicles. Class "B" tow trucks must meet the requirements of subsection (2)(a) through (w) of this section, and in addition must have:
(a) Eighteen thousand pounds minimum manufacturer's gross vehicle weight rating (GVWR).
(b) A minimum of one twelve-ton single hydraulic boom with two independent winches and drums.
(c) A minimum of one hundred feet of seven-sixteenths inch continuous length XIP IWRC wire rope on each drum, measured from points of attachment at the drum to the hook.
(d) A minimum of four standard release tools (caging stud assemblies).
(e) A minimum of two snatch blocks rated at 4.0 tons each.
(f) A wheel lift, tow sling, or other comparable device made of material and used in such manner so as to protect vehicles being towed or recovered.
(g) A portable dolly or its equivalent for hauling vehicles not otherwise towable when the class "B" tow truck is being used for class "A" tows. The transported vehicle must be attached to the dolly or its equivalent with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(h) If equipped with a wheel lift system, it must have a fully extended working load limit of at least six thousand pounds and a twenty thousand pound tow rated capacity. The transported vehicle must be attached to the wheel lift with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(i) A minimum of one ten-foot or two five-foot one-half inch diameter recovery chains used in the winching system and must be grade "8" chain with matching fittings.
(j) Permanently affixed safety chains.
(5) Class "B-2" tow trucks: Trucks that are capable of towing or recovery of medium size trucks, trailers, motor homes, or equivalent vehicles and are rated at over 30,000 GVWR with air brakes. Class "B-2" tow trucks must meet the requirements of subsection (2)(a) through (w) of this section, and in addition must have:
(a) A minimum of one hundred fifty feet of seven-sixteenths inch continuous length XIP IWRC wire rope on each drum, measured from points of attachment at the drum to the hook.
(b) A minimum of one fourteen-ton single hydraulic boom with two independent winches and drums.
(c) A minimum of two snatch blocks rated at 6.0 tons each.
(d) Air brakes and a system capable of supplying air to towed vehicles.
(e) Permanently affixed safety chains.
(f) Class "B-2" tow trucks must also meet the requirements of subsection (4)(d), (f), (g), (h), and (i) of this section.
(6) Class "C" tow trucks and class "C" rotator trucks: Trucks that are capable of towing and/or recovery of large trucks, trailers, buses, motor homes, or similar vehicles. Class "C" trucks must meet the requirements of subsection (2)(a) through (w) of this section, and in addition must have:
(a) A forty-six thousand pound manufacturer's gross vehicle weight rating (GVWR).
(b) Tandem rear axle truck chassis (both drive axles).
(c) A minimum of thirty-ton boom rating with a hydraulic boom. Dual winches to control a minimum of two service drums.
(d) A minimum of two hundred feet of five-eighths inch continuous length XIP IWRC wire rope on each drum measured from the point of attachment at the drum to the hook.
(e) Air brakes and a system capable of supplying air to towed vehicles.
(f) A minimum of four standard release tools (caging stud assemblies).
(g) A wheel lift or underlift system, it must have a fully extended working load limit of at least twelve thousand pounds. The transported vehicle must be attached to the wheel lift or underlift with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(h) A minimum of one ten-foot or two five-foot five-eighths inch recovery chains used in the winching system and must be a minimum grade "8" chain with matching fittings.
(i) Permanently affixed safety chains.
(j) All chains must be a minimum of grade "7," except as otherwise specified in this section.
(k) A wheel lift, tow sling, or other comparable device used in such a manner as to protect the vehicle being towed or recovered.
(l) A minimum of two snatch blocks rated at 8.0 tons each.
(7) Class "D" tow trucks: Trucks that are equipped for and primarily used as "wheel lift" or nonrecovery trucks. Class "D" tow trucks must meet the requirements of subsection (2)(a) through (w) of this section, and in addition must have:
(a) A 10,000 thousand pound manufacturer's gross vehicle weight rating (GVWR).
(b) A portable dolly or its equivalent for hauling vehicles not otherwise towable. The transported vehicle must be attached to the dolly or its equivalent with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(((b))) (c) A wheel lift assembly with a fully extended manufacturer's working load limit of three thousand pounds and a seven thousand pound tow rated capacity. The transported vehicle must be attached to the wheel lift with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(((c))) (d) One winch and drum with one hundred feet of three-eighths inch XIP wire rope meeting class "A" requirements.
(((d))) (e) One snatch block rated at 3.5 tons.
(((e))) (f) A minimum of one five-foot recovery chain for use in the winching system and must be a minimum of grade "7" chain with matching fittings.
(((f))) (g) Permanently affixed safety chains.
(8) Class "E" tow trucks: Trucks that are primarily designed and intended to transport other vehicles by loading and carrying the transported vehicle entirely on the truck. These vehicles may be a flatbed, slide back, tilt bed, or rail design truck. Class "E" trucks, unless specifically factory equipped with a side recovery system, are not designed for vehicle recovery and therefore must not be used as a replacement for a class "A" truck unless specifically requested by the patrol.
(a) Class "E" trucks must meet the requirements of subsection (2)(a) through (w) of this section, and in addition must have:
(i) Four tiedowns with a minimum working load limit of three thousand three hundred pounds. The tiedowns must be grade "7" or stronger chain, wire rope, nylon strap, or steel strap.
All four tiedowns must be used when securing a vehicle. The tiedowns must be affixed to the axle, tires, or frame of the transported vehicle both front and rear. All tiedown ends must be affixed to the truck bed or rail in a manner that will prevent movement of the transported vehicle. Factory style "T" hook tiedowns may be used for front and rear securement.
(ii) One snatch block rated at 4.0 tons.
(iii) Dual tires on the rear axle.
(iv) Fourteen thousand five hundred pound gross vehicle weight rating (GVWR).
(v) Current licensing and tonnage equal to the maximum combination GVWR.
(vi) Four-ton winch rating.
(vii) Fifty feet three-eighths inch XIP fiber core or IWRC wire rope.
(viii) One five-foot grade "7" chain with matching fittings for use in winching.
(ix) Nineteen feet of usable bed capable of carrying vehicles.
(x) Portable lights when the truck is used in towing mode. When in use, the lights must be mounted on the same level and as widely spaced laterally as practicable.
(b) Class "E" tow trucks may be equipped with a sling, tow bar, and/or a wheel lift system.
(i) If equipped with a towing system:
(A) The system must have a manufacturer's rating appropriate to the vehicle being towed. If used in a towing mode (as opposed to carrying), a sling, tow bar, and/or wheel lift assembly can be used and must have a manufacturer's rating appropriate to the vehicle being towed.
(B) The tow truck must have permanently affixed safety chains.
(ii) If using a wheel lift system, the transported vehicle must be attached to the wheel lift with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(c) If factory equipped with a side vehicle recovery system, such system must meet all the winch and wire rope minimum requirements listed for a class "A" truck.
(9) Class "S" tow/recovery trucks: Tow/recovery trucks that cannot meet the requirements of class "A," "B," "C," "D," or "E" and are not eligible for appropriate waiver as outlined in WAC 204-91A-070(4), may be approved as class "S" (special).
(a) To be designated as a class "S" truck, the operator must submit a request for approval through the district commander to the section that must include:
(i) Why the truck is needed;
(ii) What the truck will be used for;
(iii) The vehicle size;
(iv) Purchased tonnage if required;
(v) Capability; and
(vi) The equipment carried or used with the truck.
(b) The gross vehicle weight rating of the class "S" truck will determine the appropriate equipment required.
(c) If the district commander approves the request, the request will be forwarded with recommendations for equipment and/or operation instructions or limitations to the section for review and final approval. If approval is granted, the equipment must be inspected as outlined in WAC 204-91A-040 with reports forwarded in the normal manner.
(10) Class "S-1 rotator" trucks: Trucks that are capable of recovery, towing, or both of large trucks, trailers, buses, motor homes, or similar vehicles. Class "S-1 rotator" trucks must meet the requirements of subsection (2)(a) through (w) of this section, and in addition must have:
(a) A fifty-two thousand pound manufacturer's GVWR.
(b) Tandem or triple rear axle truck chassis with at least two drive axles.
(c) A minimum of forty ton rotating boom rating with a single boom.
(d) A minimum of two hundred feet of five-eighths inch continuous length XIP IWRC wire rope on two drums measured from the point of attachment at the drum to the hook.
(e) Air brakes and a system capable of supplying air to towed vehicles.
(f) A minimum of four standard release tools (caging stud assemblies).
(g) A wheel lift system that has a fully extended working load limit of at least twelve thousand pounds. The transported vehicle must be attached to the wheel lift or underlift with an adjustable tiedown, or as otherwise required by the equipment manufacturer.
(h) A minimum of one ten-foot or two five-foot five-eighths inch recovery chains used in the winching system and must be a minimum grade "8" chain with matching fittings.
(i) All chains must be a minimum of grade "7," except as otherwise specified in this section.
(j) A tow sling or other comparable device used in such a manner as to protect the vehicle being towed or recovered.
(k) A minimum of two snatch blocks rated at eight tons each.
(l) Permanently affixed safety chains.
(11) Tow trucks rated as class "A," "B," "B-2," "C," or "E" that are currently in-service with operators holding a current letter of appointment issued by the patrol, not meeting the criteria for classification listed in this section will be allowed to remain on the rotation with those companies.
(12) This section shall be effective on March 1, 2011.
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