WSR 14-15-049 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 11, 2014, 10:43 a.m., effective August 11, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: The 2014 session of the Washington state legislature passed HB 2137 which included changes concerning required stops by school buses at all railroad crossings. The effective date of those changes to RCW 46.61.350 was June 12, 2014.
Current language in WAC 392-145-070 provides an exemption for stopping at railroad crossings based on local school board decisions. That exemption was eliminated and failure to stop at those crossings would result in a disqualification of the school bus driver's commercial driver license and resulting revocation of their school bus driver authorization. This change will remove the language providing for the school board exemption process.
Citation of Existing Rules Affected by this Order: Amending WAC 392-145-070.
Statutory Authority for Adoption: RCW 46.61.380.
Adopted under notice filed as WSR 14-10-053 on May 1, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 11, 2014.
Randy Dorn
State Superintendent
AMENDATORY SECTION (Amending WSR 07-05-058, filed 2/20/07, effective 11/1/07)
WAC 392-145-070 Rail grade crossings.
The following requirements apply to drivers of school buses during rail grade crossings:
(1) All school buses shall stop at all rail grade crossings except:
(a) Where traffic is controlled by a police officer or ((duly authorized flagman)) flagger;
(b) Where ((an official)) a functioning traffic control ((device gives notice that the general stopping requirements do not apply)) signal is transmitting a green light;
(c) Where ((local regulations or school district policy expressly prohibit stopping)) the tracks are used exclusively for a streetcar or industrial switching purposes;
(d) Where the utilities and transportation commission has approved the installation of an "exempt" sign; or
(e) Where the crossing is abandoned and is marked with a sign indicating it is out-of-service.
(2) In order to lessen the potential for collisions, school bus drivers shall use simultaneously flashing amber hazard lamps within two hundred feet prior to stopping for a rail grade crossing.
(3) The school bus driver shall open the door and driver window to listen for approaching trains.
(4) Drivers shall take reasonable action to insure that passengers are quiet and shall turn off all noise making devices such as fans and radios while listening for approaching trains.
(5) Drivers shall not proceed until the door is closed, visibility is clear, and the school bus can safely proceed across and completely clear the rail grade.
(6) Drivers shall not change gears of a school bus equipped with a manual transmission while the school bus is crossing a rail grade.
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