WSR 15-17-004 EMERGENCY RULES DEPARTMENT OF LICENSING [Filed August 6, 2015, 10:04 a.m., effective August 6, 2015, 10:04 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: Amend chapter 308-330 WAC to update the model traffic ordinance (MTO) to include reference to new sections of traffic law created by recent legislation, update statutory citations, and make editing corrections.
Citation of Existing Rules Affected by this Order: Amending WAC 308-330-197, 308-330-200, 308-330-305, 308-330-309, 308-330-316, 308-330-330, 308-330-360, 308-330-415, 308-330-425, 308-330-462, 308-330-464, and 308-330-700.
Statutory Authority for Adoption: RCW 46.90.010.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Avoiding the delay resulting from permanent rule adoption will enable local law enforcement to hold drivers accountable for new statutory requirements by enabling them to cite the MTO which has been adopted by many local authorities, rather than state statute, since many are accustomed to cite the MTO. The proposal for a permanent rule, with an opportunity for comment, is forthcoming.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 12, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 6, 2015.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-21-026, filed 10/8/13, effective 11/8/13)
WAC 308-330-197 RCW sections adopted—Off-road and nonhighway vehicles.
The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.310, 46.09.330, 46.09.350, 46.09.360, 46.09.420, 46.09.440, 46.09.442, 46.09.444, 46.09.450, 46.09.455, 46.09.457, 46.09.460, 46.09.470, 46.09.480, 46.09.485, and 46.09.490((, 2013 c 23 s [§] 4, 2013 c 23 s [§] 5, 2013 c 23 s [§] 6, 2013 c 23 s [§] 7, and 2013 c 23 s [§] 9)).
AMENDATORY SECTION (Amending WSR 11-20-041, filed 9/28/11, effective 10/29/11)
WAC 308-330-200 RCW sections adopted—Snowmobiles.
The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.300, 46.10.310, 46.10.330, 46.10.460, 46.10.470, 46.10.480, 46.10.490, 46.10.495, ((and 460.10.500 [46.10.500])) 46.10.500.
AMENDATORY SECTION (Amending WSR 11-20-041, filed 9/28/11, effective 10/29/11)
WAC 308-330-305 RCW sections adopted—Vehicle licenses.
The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.695, 46.16A.030, 46.16A.140, 46.16A.160, 46.16A.175, 46.16A.180, 46.16A.200, 46.16A.320, 46.16A.350, 46.16A.405, 46.16A.420, 46.16A.425, 46.16A.450, 46.16A.500, 46.16A.520, 46.16A.530, 46.16A.540, 46.16A.545, 2015 c 200 § 1, 46.18.200, 46.18.205, 46.18.215, 46.18.220, 46.18.235, 46.18.275, 46.18.277, 46.18.285, 46.19.050, and 46.19.070.
AMENDATORY SECTION (Amending WSR 13-21-027, filed 10/8/13, effective 7/8/14)
WAC 308-330-309 RCW sections adopted—Uniform Commercial Driver's License Act.
The following sections of the Revised Code of Washington (RCW) pertaining to the Uniform Commercial Driver's License Act as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.25.010, 46.25.020, 46.25.030, 46.25.040, 46.25.050, 46.25.052, 46.25.055, 46.25.057, 46.25.110, 46.25.120, and 46.25.170((, and 2013 c 224 s 5)).
AMENDATORY SECTION (Amending WSR 13-21-026, filed 10/8/13, effective 11/8/13)
WAC 308-330-316 RCW sections adopted—Vehicle lighting and other equipment.
The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and other equipment as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.193, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.395, 46.37.400, 46.37.410, 46.37.420, 46.37.4215, 46.37.4216, 46.37.423, 46.37.424, 46.37.425, 46.37.430, 46.37.435, 46.37.440, 46.37.450, 46.37.465, 46.37.467, 46.37.470, 46.37.480, 46.37.490, 46.37.495, 46.37.500, 46.37.510, 46.37.513, 46.37.517, 46.37.518, 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.540, 46.37.550, 46.37.560, 46.37.570, 46.37.590, 46.37.600, 46.37.610, 46.37.620, 46.37.630, 46.37.640, 46.37.650, 46.37.660, 46.37.670, 46.37.671, 46.37.672, 46.37.673, 46.37.674, 46.37.675, 46.37.680, ((and 2013 c 135 s [§] 1)) 46.37.685.
AMENDATORY SECTION (Amending WSR 95-23-042, filed 11/13/95, effective 12/14/95)
WAC 308-330-330 RCW sections adopted—Motor vehicle wreckers.
The following ((section[s])) sections of the Revised Code of Washington (RCW) pertaining to motor vehicle wreckers as now or hereafter amended ((is [are])) are hereby adopted by reference as a part of this chapter in all respects as though such ((section[s])) sections were set forth herein in full: RCW 46.80.010 and 46.80.060.
AMENDATORY SECTION (Amending WSR 94-01-082, filed 12/13/93, effective 7/1/94)
WAC 308-330-360 Owner of record presumed liable for costs when vehicle abandoned—Exception.
(1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle.
(2) A registered owner transferring a vehicle shall be relieved from personal liability under this section if ((within five days of the transfer he/she)) he or she transmits to the department a seller's report of sale ((on a form prescribed by the director)) as provided by RCW 46.12.650.
AMENDATORY SECTION (Amending WSR 10-18-058, filed 8/30/10, effective 9/30/10)
WAC 308-330-415 RCW sections adopted—Right of way.
The following sections of the Revised Code of Washington (RCW) pertaining to vehicles and pedestrians use of roadways, right of way, rights and duties as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.100, 46.61.105, 46.61.110, 46.61.115, 46.61.120, 46.61.125, 46.61.130, 46.61.135, 46.61.140, 46.61.145, 46.61.150, 46.61.155, 46.61.160, 46.61.165, 46.61.180, 46.61.183, 46.61.184, 46.61.185, 46.61.190, 46.61.195, 46.61.200, 46.61.202, 46.61.205, 46.61.210, 46.61.212, 46.61.215, 46.61.220, 46.61.230, 46.61.235, 46.61.240, 46.61.245, 46.61.250, 46.61.255, 46.61.260, 46.61.261, 46.61.264, 46.61.266, and 46.61.269.
AMENDATORY SECTION (Amending WSR 11-20-041, filed 9/28/11, effective 10/29/11)
WAC 308-330-425 RCW sections adopted—Reckless driving, negligent driving, vehicular homicide and assault.
The following sections of the Revised Code of Washington (RCW) pertaining to reckless driving, negligent driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, 46.61.5054, 46.61.5055, 46.61.50571, 46.61.5058, 46.61.506, 46.61.513, 46.61.517, 46.61.519, 46.61.5191, 46.61.5195, 46.61.5249, 46.61.525, 46.61.526, 46.61.527, 46.61.530, 46.61.535, ((2011 c 372 s [§] 1,)) 2015 2nd ex.s. c 3 § 8, and 46.61.540.
AMENDATORY SECTION (Amending WSR 13-21-026, filed 10/8/13, effective 11/8/13)
WAC 308-330-462 RCW sections adopted—Stopping, standing, and parking.
The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: ((2013 c 60 s [§] 1,)) RCW 46.08.185, 46.61.560, 46.61.570, 46.61.575, 46.61.581, 46.61.582, 46.61.583, 46.61.585, 46.61.587, and 46.61.590.
AMENDATORY SECTION (Amending WSR 11-20-041, filed 9/28/11, effective 10/29/11)
WAC 308-330-464 RCW sections adopted—Operation and restrictions.
The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and the restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600, 46.61.605, 46.61.606, 46.61.608, 46.61.610, 46.61.611, 46.61.612, 46.61.614, 46.61.615, 46.61.620, 46.61.625, 46.61.630, 46.61.635, 46.61.640, 46.61.645, 46.61.655, 46.61.660, 46.61.665, 46.61.667, 46.61.668, 46.61.670, 46.61.675, 46.61.680, 46.61.685, 46.61.687, 46.61.688, 46.61.690, 46.61.700, 46.61.705, 46.61.710, 46.61.720, 46.61.723, 46.61.725, 46.61.730, 46.61.735, ((2011 c 121 s [§] 2, 2011 c 121 s 4,)) and 46.61.740.
AMENDATORY SECTION (Amending WSR 11-20-041, filed 9/28/11, effective 10/29/11)
WAC 308-330-700 RCW sections adopted—Disposition of traffic infractions.
The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractions as now or hereafter amended are hereby adopted by such reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.63.010, 46.63.020, 46.63.030, 46.63.040, 46.63.060, 46.63.070, 46.63.073, 46.63.075, 46.63.080, 46.63.090, 46.63.100, 46.63.110, 46.63.120, 46.63.130, 46.63.140, 46.63.151, 46.63.160, ((2011 c 375 s [§] 2, and)) 46.63.170, and 46.63.180.
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