WSR 16-12-031 EMERGENCY RULES TRANSPORTATION COMMISSION [Filed May 24, 2016, 9:58 a.m., effective May 24, 2016, 9:58 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: To modify the hours and days when tolling is in effect on the Interstate 405 express toll lanes between Bellevue and Lynnwood. This filing restarts the one hundred twenty day emergency order time frame, previously started in March 2016 with WSR 16-07-112. This emergency order will allow for the completion of the permanent rule-making process (WSR 16-06-020 and 16-09-082) in summer 2016.
Citation of Existing Rules Affected by this Order: Amending WAC 468-270-077, 468-270-110 and 468-270-120; and new WAC 468-270-078.
Statutory Authority for Adoption: RCW 47.56.850 and 47.56.880, 2016 supplemental transportation budget (ESHB 2524).
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: Legislative finding provided in the 2016 supplemental transportation budget, and further finding by the transportation commission, that to preserve the general welfare, the hours and days of operation when tolling is in effect for the express toll lanes on Interstate 405 must be further defined and adjusted. While the initial implementation of the express toll lanes has benefited many commuters, additional operational changes are needed to support effective use of this corridor, critical for the movement of people and goods in Washington state.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 24, 2016.
Reema Griffith
Executive Director
AMENDATORY SECTION (Amending WSR 15-08-038, filed 3/25/15, effective 4/25/15)
WAC 468-270-077 What are the toll rates for the I-405 express toll lanes?
When tolling is in effect on the I-405 express toll lanes ((are in operation)), the Good To Go!™ toll rate schedule shall be a minimum toll rate of $0.75 and a maximum toll rate of $10.00. Good To Go!™ Pass toll rates shall vary in amount by time of day and level of traffic congestion, and will automatically adjust within the established toll schedule using dynamic tolling to ensure average vehicle speeds in the lanes above forty-five miles per hour at least ninety percent of the time.
The commission shall periodically review the Good To Go!™ toll rate schedule against traffic performance outlined in RCW 47.56.880 to determine if the Good To Go!™ toll rates are effectively maintaining travel time, speed, and reliability, and shall adjust the toll rate schedule as needed to maintain performance standards.
The toll rate for a Pay By Mail transaction is equal to the Good To Go!™ Pass toll rate plus $2.00.
NEW SECTION
WAC 468-270-078 What are the hours that tolling will be in effect on the I-405 express toll lanes?
Tolling will be in effect on the I-405 express toll lanes weekdays, Monday through Friday, from 5:00 a.m. to 7:00 p.m. (excluding the weekdays on which holidaysi are observed).
When tolling is not in effect on the I-405 express toll lanes, including on weekends and holidaysi, the lanes are open to all vehicles regardless of occupancy, and a transponder is not needed to travel toll-free.
AMENDATORY SECTION (Amending WSR 15-08-038, filed 3/25/15, effective 4/25/15)
WAC 468-270-110 What vehicles are exempt from paying tolls on the I-405 express toll lanes?
When tolling is in effect on the I-405 express toll lanes, except as provided herein, all vehicles using the I-405 express toll lanes must pay the required toll. Only qualified vehicles may be exempt from paying tolls. The registered owner and operator of the qualified vehicle must comply with the requirements of the department in order to obtain the exemption. The following vehicles shall qualify for exemption:
(1) Transit buses and vanpools as specified in RCW 47.56.880;
(2) Carpools, as defined for the facility in WAC 468-270-120;
(3) Motorcycles;
(4) Washington state patrol vehicles directly providing service to the express toll lane facility;
(5) Department maintenance vehicles directly involved in roadway maintenance on the I-405 express toll lanes, including the department's incident response vehicles responding to incidents and WSDOT tow trucks;
(6) Authorized emergency vehicles on bona fide emergencies; and
(7) Tow trucks authorized by Washington state patrol responding to clear blocking vehicles from the toll facility.
AMENDATORY SECTION (Amending WSR 15-08-038, filed 3/25/15, effective 4/25/15)
WAC 468-270-120 How many occupants are required to be considered an eligible carpool for toll exemption on I-405 express toll lanes?
Between 5 a.m. to 9 a.m. and 3 p.m. to 7 p.m., Monday through Friday, (excluding the ((days)) weekdays on which holidaysi are observed) you must have three or more occupants in your vehicle to qualify as a toll-free carpool. At all other times when tolling is in effect on the I-405 express toll lanes, you must have two or more occupants in your vehicle to qualify as a toll-free carpool. Occupancy requirements do not apply to vehicles that are otherwise exempt from tolls pursuant to WAC 468-270-110 or authorized as an HOV vehicle as defined in chapter 468-510 WAC.
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