WSR 16-04-047
PROPOSED RULES
DEPARTMENT OF LICENSING
[Filed January 27, 2016, 2:35 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-22-075 and 15-04-016.
Title of Rule and Other Identifying Information: Chapter 308-83 WAC, Limousine services.
Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Room 209, Olympia, WA 98502, on March 15, 2016, at 9:00 a.m.
Date of Intended Adoption: March 16, 2016.
Submit Written Comments to: Jody A. Sisk, P.O. Box 9039, Olympia, WA 98507-9039, e-mail josisk@dol.wa.gov, fax (360) 570-4953, by March 14, 2016.
Assistance for Persons with Disabilities: Contact josisk@dol.wa.gov by March 14, 2016, TTY (360) 664-0116 or (360) 664-1539.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed rule changes will:
Enable enforcement of civil infractions under chapter 46.72A RCW.
Add safety equipment requirements.
Adjust the definition of an executive sedan limousine to include wheelbase changes made by automotive manufacturers.
Amended Sections: WAC 308-83-010 Definitions and 308-83-120 Vehicle inspection.
Reasons Supporting Proposal:
The current chauffeur definition does not adequately allow for the citing and prosecution of drivers not certified as a chauffeur under WAC 308-83-145.
The addition of the safety equipment requirement increases the safety of the public, and makes it more consistent with federal safety requirements.
The updated executive sedan definition will address the limousine industry's lack of affordable vehicle options for executive sedans due to changes in automotive wheelbase length.
Statutory Authority for Adoption: RCW 46.72A.120, 43.24.086, chapter 46.04 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jody A. Sisk, 405 Black Lake Boulevard South, Olympia, WA 98502, (360) 664-1539.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Minor or no impact.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
January 27, 2016
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-02-035, filed 12/29/11, effective 2/1/12)
WAC 308-83-010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter and chapter 46.72A RCW.
(1) "Amenities" means equipment or features added to a vehicle for the comfort or convenience of the occupants:
(a) "Standard amenities" means standard factory amenities normally found in passenger cars;
(b) "Nonstandard amenities" means amenities not normally found in passenger cars. These amenities may include, but are not limited to, a television, musical sound system, telephone, ice storage, refrigerator, power-operated dividers, or additional interior lighting.
(2) "Business license" or "limousine carrier business license" means a license issued under chapter 19.02 RCW, which contains an endorsement indicating the business to which the license is issued is authorized to provide limousine carrier services.
(3) "Business licensing service" means the program within the Washington state department of revenue authorized by chapter 19.02 RCW to issue the business license.
(4) "Business office" refers to the physical location where a limousine carrier business maintains its business records, as defined in WAC 308-83-130. The business office is the physical address on file with the business licensing service. The business office is the place where the business license is posted.
(5) "Business owner" means an individual, partnership, corporation, association, or other person(s), or group that holds a substantial interest in a limousine carrier business.
(6) "Chauffeur" means a person ((with a valid Washington state driver license, who is also certified to drive a limousine under chapter 46.72A RCW and WAC 308-83-145. As provided by WAC 308-83-145(1), a business owner cannot assume the duties of a chauffeur unless the owner is also certified as a chauffeur)) who operates a limousine.
(7) "Decal" means a sticker issued by the department to indicate the vehicle displaying the decal has a valid limousine vehicle certificate.
(8) "Department" means the Washington state department of licensing.
(9) "Dispatch log" refers to a paper or electronic record of assignments made to chauffeurs, and includes all information from the passenger manifest(s) for a given period, as well as the time each ride was arranged, passenger and carrier phone numbers used to make the arrangement, limousine, and the chauffeur assigned to the customer. The dispatch log also documents passengers referred by or to other drivers or businesses.
(10) "Disqualification" means a prohibition against driving a limousine.
(11) "Drugs" are those substances as defined by RCW 69.04.009 including, but not limited to, those substances defined by 49 C.F.R. 40.3.
(12) "Limousine" has the same meaning as in RCW 46.04.274 and includes vehicles that meet one of the following definitions:
(a) "Stretch limousine" means an automobile with a seating capacity behind the driver of not less than four passengers and not more than fourteen passengers, and a maximum wheelbase of two hundred eighty-five inches. The wheelbase has been factory or otherwise altered beyond the original manufacturer's specifications and meets standards of the United States Department of Transportation. A stretch limousine must be equipped with nonstandard amenities in the rear seating area.
(b) "Executive sedan" means a four-door sedan or crossover automobile having a seating capacity behind the driver of not more than three passengers, and a minimum wheelbase of one hundred fourteen and one-half inches or is designated as a large car under 40 C.F.R. 600.315-08, and has a manufacturer's suggested retail price when new of no less than thirty-five thousand dollars. The department may provide guidelines for qualified vehicles on our web site. An executive sedan must at a minimum be equipped with standard amenities, and the wheelbase may not be altered.
(c) "Executive van" means a van or minivan, having a seating capacity behind the driver of not less than seven passengers and not more than fourteen passengers.
(d) "Classic car" means a fine or distinctive, American or foreign automobile that is thirty years old or older.
(e) "Executive sport utility vehicle" means a sport utility vehicle with a seating capacity behind the driver of not less than three passengers and not more than six passengers, and a minimum wheelbase of one hundred sixteen inches that has not been altered.
(f) "Stretch sport utility vehicle" means a sport utility vehicle with a seating capacity behind the driver of not less than four and not more than fourteen passengers, and a maximum wheelbase of three hundred twenty-five inches that has been factory or otherwise altered beyond the original manufacturer's specifications and meets standards of the United States Department of Transportation. A stretch sport utility vehicle must be equipped with nonstandard amenities in the rear seating area.
(13) "Limousine carrier" or "carrier" is a business licensed, or required to be licensed by the department to provide limousine services, in accordance with RCW 46.04.276 and department regulations.
(14) "Nonresident limousine carrier" refers to a limousine carrier or vehicle owner whose place of business is not in Washington state, and does not have a valid Washington state limousine carrier license.
(15) "Operate" refers to a person engaging in the business of a limousine and includes driving, occupying, or otherwise using a limousine to wait for, pick up, transport, or drop off a passenger for compensation. Specific activities included in the definition of operating a limousine are contained in WAC 308-83-210.
(16) "Passenger capacity" means the maximum number of passengers that may be carried in a vehicle as determined by using the information found on the label that is required by the United States Department of Transportation to be affixed to the vehicle under 49 C.F.R., Parts 567 and 568. This label must be affixed to the vehicle in accordance to 49 C.F.R., Parts 567 and 568. In absence of the label, a member of the Washington state patrol or the department may determine the passenger capacity upon visual inspection of the vehicle.
(17) "Passenger manifest" refers to a daily record that verifies prearranged trips. Specific requirements for the passenger manifest are contained in WAC 308-83-200.
(18) "Person" or "persons" means an individual, a corporation, association, sole proprietorship, joint stock association, partnership, limited liability partnership, limited liability company, or other association of people organized to conduct business. It also includes their lessees, trustees, or receivers.
(19) "Prearranged" refers to a customer or customer's agent having secured and agreed to the services and fare. Prearranged means the agreement was made prior to the time of departure and at a place different than the place of departure.
(20) "Public highway" includes every public street, road, or highway in this state.
(21) "Substance abuse professional" means an alcohol and drug specialist meeting the credentials, knowledge, training, and continuing education requirements of 49 C.F.R. 40.281.
(22) "Unified business identifier" or "UBI" is a nine digit number that registers a business with several state agencies and allows an entity to do business in Washington state. It is sometimes called a tax registration number, a business registration number, or a business license number.
(23) "Vehicle certificate" is a document issued by the department, indicating that the vehicle is registered as a limousine. The vehicle certificate must be carried in the limousine at all times. The vehicle certificate is not the vehicle registration document.
AMENDATORY SECTION (Amending WSR 12-02-035, filed 12/29/11, effective 2/1/12)
WAC 308-83-120 Vehicle inspections.
The vehicle inspection report must certify that the vehicle meets the following standards:
(1) The legal definition of a limousine, as defined in WAC 308-83-010; ((and))
(2) The standards and criteria set by the Washington state patrol for vehicle inspections, as established under chapter 204-95 WAC((.)); and
(3) On board safety equipment, as described in Title 49 C.F.R. 393-95 Federal Regulations pertaining to:
(a) Fire extinguishers; and
(b) Warning devices for stopped vehicles.