WSR 17-12-053

PROPOSED RULES

UTILITIES AND TRANSPORTATION

COMMISSION

[Filed June 2, 2017, 10:48 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 17-01-101.

Title of Rule and Other Identifying Information: The Washington utilities and transportation commission has been engaged in this rule making to consider amendments to chapter 480-30 WAC, governing passenger transportation companies. At this time, the commission proposes additional rules, modifications to existing rules and repeal of rules.

Hearing Location(s): Commission Hearing Room 206, 2nd Floor, Richard Hemstad Building, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, on July 20, 2017, at 1 p.m.

Date of Intended Adoption: July 20, 2017.

Submit Written Comments to: Washington Utilities and Transportation Commission, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, email records@utc.wa.gov (please include Docket # TC-161262 in your comments), fax (360) 586-1150, by July 5, 2017.

Assistance for Persons with Disabilities: Contact Debbie Aguilar by July 18, 2017, TTY (360) 586-8230 or (360) 664-1132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commission proposes to amend chapter 480-30 WAC to remove barriers to passenger transportation companies being able to effectively compete in the current passenger transportation marketplace while maintaining safety and consumer protection standards.

Reasons Supporting Proposal: The commission adopted an extensive revision of chapter 480-30 WAC in 2006. In 2013, the commission adopted amendments to update regulations governing the criteria and process for granting applications for certificates, and to allow flexibility in rate setting. The 2013 amendments were intended to address changes in the transportation market. Since that time the transportation options available to individuals traveling to and from airports and other destinations have increased beyond even what was available in 2013. The commission believes the proposed rules will give certificated passenger transportation companies additional flexibility to compete in the marketplace without jeopardizing passenger safety or consumer protection.

Statutory Authority for Adoption: RCW 81.04.160, 81.68.030, 81.70.270.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [Utilities and transportation commission], governmental.

Name of Agency Personnel Responsible for Drafting: Chris Rose, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1303; Implementation and Enforcement: Steven V. King, 1300 South Evergreen Park Drive S.W., Olympia, WA 98504-7250, (360) 664-1116.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

I. Introduction: The utilities and transportation commission (commission) initiated a rule making in December 2016, in Docket TC-161262, to consider amendments to chapter 480-30 WAC.

The commission requested and received two sets of comments on draft proposed rules from stakeholders and held two stakeholder workshops. The commission is ready to publish proposed rules. When issuing a notice of proposed rules, agencies must provide a copy of the small business economic impact statement (SBEIS) prepared in accordance with chapter 19.85 RCW, or explain why an SBEIS was not prepared. The commission has prepared this SBEIS in compliance with the requirements.

II. SBEIS Requirements: The Regulatory Fairness Act, codified in chapter 19.85 RCW, provides that an agency must conduct an SBEIS "if the proposed rule will impose more than minor costs on businesses in an industry." RCW 19.85.030. An SBEIS is intended to assist agencies in evaluating any disproportionate impacts of the rule making on small businesses. A business is categorized as "small" under the Regulatory Fairness Act if the business employs fifty or fewer employees. Under RCW 19.85.040(1), agencies must determine whether there is a disproportionate impact on small businesses in the industry, and under RCW 19.85.030(2), consider means to minimize the costs imposed on small businesses.

III. SBEIS Evaluation Procedure: On March 31, 2017, the commission mailed a notice to all stakeholders interested in the commission's rule making, providing a copy of the draft rules and an opportunity to respond to an SBEIS questionnaire. The notice requested that regulated companies provide information about possible cost impacts of the draft rules with specific information for each rule that the company identified as causing an impact. Only Shuttle Express responded to the questionnaire.

To conduct an SBEIS pursuant to the Regulatory Fairness Act, the commission must determine the cost per employee, the cost per hour of labor, or the cost per $100 of sales revenue. Shuttle Express quantified the cost per employee for one proposed requirement, but did not provide any other quantitative data. Although the survey produced only limited data, the commission has extensive experience with passenger transportation companies and the stakeholders have communicated their views on the impacts of the draft rules throughout this process.

IV. Results of the Analysis: Only one company responded to the SBEIS questionnaire. Shuttle Express expressed concerns regarding the cost of complying with proposed WAC 480-30-222(3) (records of inspections, repair and maintenance of vehicles), WAC 480-30-222(4) (driver qualifications), and amendments to WAC 480-30-231 (vehicle and driver identification). This analysis will discuss the issues raised by the company in the pertinent section analysis.

Proposed Rules Authorizing Use of Contractors: The repeal of WAC 480-30-213, the adoption of WAC 480-30-022, and several conforming amendments to other rules in the chapter will allow companies to contract for vehicles or drivers or both. Shuttle Express requested the opportunity to use vehicles and drivers through contracts to reduce the costs caused by owning or leasing vehicles or employing drivers. None of the companies provided data to demonstrate the cost reduction anticipated from using contractors, but the commission is willing to provide the companies additional flexibility to reduce costs. Regulations proposed to be amended that remove impediments to contracting for vehicles or drivers are: WAC 480-30-056, 480-30-141, 480-30-166, 480-30-171, 480-30-191, 480-30-216(7), 480-30-236, and 480-30-456.

Proposed Rule Establishing Requirements for Vehicles with a Capacity of Seven or Fewer Passengers (including the driver) and their Drivers: The commission proposes WAC 480-30-222 to tailor safety regulations for vehicles and drivers when the vehicle is designed by the manufacturer to hold seven or fewer passengers. Under existing WAC 480-30-221, passenger transportation companies must comply with the vehicle and driver requirements set forth in federal regulations. The federal regulations, however, were aimed at regulating services provided by vehicles designed or used to transport more than eight passengers (including the driver).

Shuttle Express expressed concerns that proposed WAC 480-30-222 could increase company costs, specifically the potential cost of recordkeeping and the cost of qualifying drivers to be employees or contractors. The commission has revised the proposed rules in response to Shuttle Express' concerns. With respect to recordkeeping, the commission proposes that records may be kept by either the certificated company or its contractor. A certificated company is only required to make records available to inspectors within forty-eight hours of a request. As for driver qualifications, the commission revised the rule to clarify that a company must verify and document the qualifications of the drivers only before initially allowing the driver to provide service and annually thereafter, rather than prior to each trip, which gave Shuttle Express concern.

In the interest of a complete analysis, the commission compared the requirements proposed in WAC 480-30-222 to the requirements of the applicable federal regulations and the state and local regulations that currently apply to those vehicles and drivers that will most likely be used by companies under contract. Under federal regulations adopted by reference by the commission, every vehicle and every driver used by a company must meet all of the federal regulations referenced. Therefore, in terms of "impact," only new requirements that are more rigorous than federal rules are relevant.

•	WAC 480-30-222(1) requires vehicles used by a company to be inspected, and certified as safe, annually by a mechanic who has passed the experience and testing requirements of the National Institute for Automotive Service Excellence (NIASE). This provision is comparable to 49 C.F.R. Part 396.17, which requires annual inspections by a qualified inspector. Under the federal regulations, an inspector must meet the requirements of 49 C.F.R. Part 396.19, including completion of a federal or state sponsored training program or holding an inspector certificate from a state or Canadian province. The ASE tests are online and cost $39 each. The registration fee for any combination of tests is $36. So, for example, to test in all eight areas of automobile/SUV/light truck service costs $36 to register and $312 for the examinations. The cost of qualifying a mechanic who conducts inspections is, however, necessarily a cost for the company. The rule does not require the inspectors to be employed by the company. The company can use any automotive repair shop or other business that employs mechanics who have met the certification requirements of the NIASE. In that case, the "cost" of the mechanic requirement would be spread among all customers of the mechanic. As an example of local regulatory requirements, the proposed standard for mechanics inspecting vehicles is the same as for for-hire vehicles regulated by King County under K.C.C. 6.64.010(c).
•	WAC 480-30-222(2) requires daily vehicle inspections by drivers and documentation of the results. 49 C.F.R. Part 396.11 and 13, which are the current requirement for vehicles covered by the new regulation, require the same.
•	WAC 480-30-222(3) requires records of inspection, repair and maintenance to be kept for three years. The proposed rule responds to the Shuttle Express concern by allowing the records related to vehicles used through a contractor to be kept by the contractor. The requirement under the federal regulations, 49 C.F.R. 396.3, requires records to be maintained for a period of one year and for six months after the motor vehicle leaves the motor carrier's control; however the standard for recordkeeping for vehicles regulated under this proposed rule is the same as for for-hire vehicles regulated by King County under K.C.C.6.64.360(B).
•	WAC 480-30-222(4) establishes requirements for drivers of vehicles with a capacity of seven or fewer passengers (including the driver). The drivers may be employed by the certificated company or may be provided through contract. The most likely type of drivers provided through contract will be limousine chauffeurs regulated by the department of licensing (DOL) or for-hire drivers regulated at the local level.

o	Under WAC 480-30-222 (4)(a) all drivers must be licensed to drive in Washington. That is the current requirement in federal, state and local regulations.
o	Under WAC 480-30-222 (4)(b) all drivers must be safe drivers, as demonstrated by a complete driving record from DOL and any other state in which the driver resided within the past five years. The current standard, 49 C.F.R. Part 391.23, requires a company to obtain driving records for its drivers within thirty days of employment from each state in which the driver held a license within the previous three years. The company must make the same inquiry every year thereafter under 49 C.F.R. Part 391.25. WAC 308-83-140 (2)(f) requires licensed limousine carriers to obtain a DOL driving record for its chauffeurs at the time of hire, and if the chauffeur has resided in another state within the past five years, a complete driving record from the previous state(s) of residence. As an example for for-hire drivers, King County, under K.C.C. 6.64.590, requires a copy of the current driver abstract from DOL. The cost of a DOL complete driving record is $13. Companies can minimize costs by coordinating with contractors to conduct their "annual" review on a cycle that matches the contractor's compliance with other regulations, so that the contractor can provide copies of documents it has obtained in complying with its own licensing requirements.
o	Under WAC 480-30-222 (4)(c) all drivers must submit to a state (Washington state patrol) criminal background check. The background check currently costs $16. 49 C.F.R. Part 391.21, the current requirement, does not require a background check: It relies on the driver to report all violations of motor vehicle laws or ordinances at the time of application that resulted in convictions and at all times subsequently. DOL requires a state background check for limousine chauffeurs at the time of initial certification by a limousine carrier under WAC 308-83-140 (2)(d). King County, as an example, requires a background check under K.C.C. 6.64.520 that can be a state and federal background check or a background check that include[s] local, state and national databases obtained from an approved thirty [third] party. The proposed rules removed from the draft rules a requirement for a federal background check to be consistent with the limousine chauffeur requirement.
o	Under WAC 480-30-222 (4)(d), a company cannot employ or contract with a driver if the driver has been required to register as a sex offender or been convicted of a sex offense or kidnapping a minor. The federal regulations do not have a similar provision, but DOL's regulation WAC 308-83-150 includes rape and child molestation and being registered as a sex offender among the grounds for disqualifying a chauffeur. K.C.C. 6.64.600 also lists being a registered sex offender or being convicted of a sex offense or kidnapping offense against a minor as grounds for denial of a permit.
o	Under WAC 480-30-222 (4)(e), a driver must be medically examined and certificated by a medical examiner who is listed on the National Registry of Certified Medical Examiners and be physically and mentally qualified to operate a passenger carrying vehicle for compensation. The current regulation, 49 C.F.R. Part 391.41, requires the same, so the proposed rule does not increase costs.
o	Under WAC 480-30-222 (4)(f), the driver must have passed a defensive driving course certified by the National Safety Council (NSC) or passed an equivalent course approved by the commission. NSC offers courses in defensive driving both online and in person. The online course (which would meet the requirement) is a four hour course and costs $41.25. The driver has the option of taking an in person course of either four or eight hours and the cost varies depending on the venue. The federal regulations do not specifically require a defensive driving course, but 49 C.F.R. Part 391.11 (a)(8) and 391.33 together require successful completion of a road test or its equivalent. Under 49 C.F.R. Part 391.11 (a)(3), the employer must determine from the application for employment whether the driver can safely operate the type of commercial motor vehicle they will be driving. DOL requires chauffeur training in WAC 308-83-300 (1)(a), including the NSC defensive driving course.

•	WAC 480-30-222(5) requires the company to verify and document the driver's qualifications prior to initially allowing the driver to operate a vehicle, and every twelve months thereafter. Federal regulations in 49 C.F.R. Part 391.21 and 23 require an extensive driver application process, but afterwards rely on self-reporting by drivers, except for an annual check of driving records under 49 C.F.R. Part 391.25. Under WAC 308-83-145 limousine carriers must certify to DOL that the chauffeurs named in its application or annual renewal meet the requirements of RCW 46.72A.090. King County requires an initial permit and annual renewals under K.C.C. 6.64.510.
•	WAC 480-30-222(6) establishes maximum driving hours based on King County's ordinance K.C.C. 6.64.660(G). The standard is less rigorous than currently required under 49 C.F.R. 395.5.
•	The requirements in WAC 480-30-222(7) related to recordkeeping regarding driver qualifications and accidents are the same as currently required under 49 C.F.R. Part 391.51 and 390.15.
•	WAC 480-30-222(8), related to placing a vehicle or driver out-of-service replaces the current criteria under WAC 480-30-221 with one tailored to issues appropriate to the standards in WAC 480-30-222 and does not impose any additional costs.

Proposed Amendments to Rule Regarding Identification of Vehicles and Drivers: WAC 480-30-231 establishes the requirements for vehicle and driver identification. The draft rules initially included an amendment that would allow vehicles not owned by the certificated company to be marked with a temporary, rather than permanent, sign. Even though the use of a contractor would be voluntary, Shuttle Express expressed concern about the cost and legality of requiring vehicle markings by contractors. Shuttle Express pointed out that the laws governing limousines, which might be used under a contract, do not allow the vehicle to have "markings" on the vehicle. Shuttle Express asserted it would not be able to contract with limousine carriers if WAC 480-30-231 continued to require identification on the vehicle. It also stated that temporary signs would have a cost and if they were dislodged from the vehicle, a potential expense in the form of accident liability. The commission consulted with DOL and changed the language in the proposed rule to state that a vehicle does not have to be marked if other applicable law prohibits such markings. In those circumstances the driver of the vehicle must display a sign showing the name of the certificated company and the name of the passenger after the driver leaves the vehicle to greet the customer. A simple hand-held sign is inexpensive compared to a sign that attaches to a vehicle. Hand-held signs are also commonly used by limousine chauffeurs picking up passengers at the airport and other facilities.

Proposed Amendments Related to Tariffs: The commission also proposes a paperwork reduction for companies by eliminating the requirement that every vehicle carry a copy of the company's tariff (which documents the company's rates, schedule, and rules of service), which can be voluminous, and the requirement that every vehicle carry a copy of any notice of a change in the tariff. The companies have not quantified the cost-savings of these amendments.

V. Proposed Rules that May Create Costs: The commission's analysis shows that the proposed rules provide companies an opportunity to reduce the cost of doing business (use of contractors, for example), or at least set requirements that are equivalent to those currently in force for the companies or the businesses with which they would most likely contract. The additional costs per employee or contractor resulting from the proposed rules, such as the $16 for a background check, $13 for a driver record, or $41.25 for a defensive driving course, are minor. Companies, moreover, can minimize or avoid those costs related to the use of contractors by effective coordination with the contractor.

VI. Summary of Findings: The commission finds that the proposed rule changes will not impose more than minor costs on passenger transportation companies. To the contrary, the proposed rules are more likely to reduce costs for all passenger transportation companies.

VII. Summary of Mitigation: The commission's analysis supports a finding of no disproportionate economic impacts to small businesses and the commission's proposed rules minimize the costs for all companies. The commission revised the requirements in the initial draft for verification and document[ation] of driver qualifications to clarify that the process is not required before each trip. The commission also revised the recordkeeping requirements to allow the contractor to maintain the required records, rather than mandating that the company maintain a duplicate set. In addition, the commission removed the requirement for a federal background check to eliminate the cost and delay involved and to be consistent with the requirements for chauffeurs.

VIII. Conclusion: Chapter 19.85 RCW requires that an agency prepare an SBEIS to assess whether proposed rules would impose more than minor costs on businesses in an industry.

The commission has analyzed all information collected throughout the rule-making process and concludes the proposed rules will not impose more than minor costs on passenger transportation companies and will not have a disproportionate impact on small businesses.

A copy of the statement may be obtained by contacting Washington Utilities and Transportation Commission, Records Center Docket # TC-161262, 1300 South Evergreen Park Drive S.W., P.O. Box 47250, Olympia, WA 98504-7250, phone (360) 664-1234, fax (360) 586-1150, email records@utc.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to the Washington utilities and transportation commission as it is not one of the listed agencies in RCW 34.05.328 (5)(a)(i).

June 2, 2017

Steven V. King

Executive Director and Secretary

NEW SECTION

WAC 480-30-022 Contractors.

A passenger transportation company may contract with a person or company to perform tasks that are subject to the rules under this chapter. If the passenger transportation company's contractor or any of its subcontractors engages in conduct that violates any federal, state, or local law or regulation, or any commission order, while performing tasks under the contract, the passenger transportation company is subject to commission enforcement actions as if the passenger transportation company itself engaged in that conduct. The passenger transportation company is responsible for maintaining measures designed to prevent and detect a violation of statutes or rules within the commission's authority to enforce by a contractor or any of its subcontractors. The passenger transportation company must make available records regarding its use of the contractor on request by the commission that fully enable the commission to audit, investigate, and determine the company's compliance with applicable law while using the contractor.

AMENDATORY SECTION (Amending WSR 16-02-076, filed 1/4/16, effective 2/4/16)

WAC 480-30-036 Definitions, general.

(1) See WAC 480-30-261 for definition of terms used primarily in tariffs and time schedules and WAC 480-30-216 for definitions used in driver and vehicle safety rules.

(2) Unless the language or context indicates that a different meaning is intended, the following definitions apply:

"Agent" means a person authorized to transact business for, and in the name of, another.

"Airporter service" means an auto transportation service that starts or ends at a station served by another type of transportation such as, air or rail transportation. Airporter service is often a premium service that involves handling luggage. Although stops may be made along the way, they are usually limited to picking up or discharging passengers((,)) and luggage((, and/or express freight)) bound to or from the airport or depot served.

"Alternate arrangements for passengers" means the travel arrangements made by an auto transportation company that has accepted a trip booking or reservation from a passenger and that is unable to provide the agreed transportation. The alternate arrangements may require travel by another carrier or mode of transportation at no additional cost to the passenger beyond what the passenger would have paid for the original transportation arrangement.

"Application docket" means a commission publication providing notice of all applications requesting auto transportation operating authority, with a description of the authority requested. The commission sends this publication to all persons currently holding auto transportation authority, to all persons with pending applications for auto transportation authority, to affected local jurisdictions or agencies, and to all other persons who asked to receive copies of the application docket.

"Area" means a defined geographical location. Examples include, but are not limited to:

(a) A specified city or town;

(b) A specified county, group of counties, or subdivision of the state, e.g., western Washington;

(d) A route, e.g., area within four road miles of Interstate 5.

"Auto transportation company" means every corporation or person, their lessees, trustees, receivers, or trustees appointed by any court whatsoever owning, controlling, operating, or managing any motor-propelled vehicle ((not usually operated on or over rails,)) used in the business of transporting persons and their baggage on the vehicles of auto transportation companies carrying passengers, for compensation over any public highway in this state between fixed termini or over a regular route, and not operating exclusively within the incorporated limits of any city or town.

"Between fixed termini or over a regular route" means the fixed points between which an auto transportation company provides service or the route over which an auto transportation company ordinarily operates any motor-propelled vehicle, even though there may be variance whether the variance is periodic or irregular.

"Bus" means a motor vehicle designed, constructed, and/or used for the transportation of passengers.

"Business days" means days of the week excluding Saturdays, Sundays, and official state holidays.

"By-reservation-only service" means transportation of passengers by an auto transportation company, with routes operated only if passengers have made prior reservations.

"Certificate" means:

(a) The certificate of public convenience and necessity issued by the Washington utilities and transportation commission under the provisions of chapter 81.68 RCW to operate as an auto transportation company; or

(b) The certificate issued by the Washington utilities and transportation commission under chapter 81.70 RCW to operate as a charter and excursion carrier in the state of Washington.

"Certificated authority" means:

(a) The territory and services granted by the commission and described in an auto transportation company's certificate of public convenience and necessity; or

(b) Operations in the state of Washington for charter and excursion service carriers.

"Charter party carrier" or "charter carrier" means every person engaged in the transportation over any public highways in this state of a group of persons who, pursuant to a common purpose and under a single contract, ((have acquired)) acquire the use of a motor ((bus)) vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartering group after ((having left)) leaving the place of origin((, or)). A person who is engaged in the transportation of persons by party bus over any public highway in this state is considered engaging in the business of a charter party carrier or excursion service carrier.

"Claim" means a demand made on a company for payment resulting from a loss sustained through the company's negligence or for inadequate service provided by the company.

"Closed-door service" means a portion of a route or territory in which an auto transportation company is not allowed to pick up or deliver passengers. Closed-door service restrictions must be clearly stated in an auto transportation company's certificate.

"Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers if the vehicle:

(a) Has a gross combination weight rating or gross combination weight of 11,794 kilograms (26,001 pounds) or more, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds); or

(b) Has a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms (26,001 pounds) or more; or

(d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. Sec. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 C.F.R. Part 172, Subpart F).

"Commission" means the Washington utilities and transportation commission.

"Common carrier" means any person who transports passengers by motor vehicle over the public highways for compensation.

"Common purpose" means that a group of persons is traveling together to achieve a common goal or objective. For example, a group of persons traveling together to attend a common function or to visit a common location. For the purposes of these rules it does not mean a group of persons who have no common goal other than transportation to, or from, the airport.

(("Commission" means the Washington utilities and transportation commission.

"Common carrier" means any person who transports passengers by motor vehicle over the public highways for compensation.))

"Company" means an entity authorized by the commission to transport passengers, for compensation, using a motor vehicle, over the public highways of the state.

"Complaint" means one of two types of actions by a person against a passenger transportation company that the commission regulates:

(a) "Informal complaints" are those complaints filed with the commission under the provisions of WAC 480-07-910. Informal complaints are normally investigated and resolved by commission staff.

(b) "Formal complaints" are those complaints filed with the commission under the provisions of WAC 480-07-370. In a formal complaint, the burden of proof resides with the complaining party who must prove its assertions in a formal commission proceeding.

"Connecting service" means an auto transportation company service over a route, or routes, that require passengers to transfer from one vehicle to another vehicle operated by either the same company or a different company before reaching the ending point.

(("Contract carrier" means a person holding a certificate issued by the commission authorizing transportation of passengers under special and individual contracts or agreements.))

"Contract" as used in this chapter means any agreement between a passenger transportation company and another person to obtain property or services the company uses to provide passenger transportation services including, but not limited to, sales agreements, service agreements, employment agreements, mortgages, loans, and leases for real or personal property.

"Customer" means a person who purchased transportation services from an auto transportation company or a person, corporation, or other entity that prearranges for transportation services with a charter party carrier or purchases a ticket for transportation services aboard an excursion service carrier.

"Direct route" means an auto transportation company service over a route that goes from the beginning point to the ending point with limited, if any, stops along the way, and traveling only to points located on the specific route without requiring a passenger to transfer from one vehicle to another.

"Discontinuance of service":

(a) "Permanent discontinuance of service" means that a company holding auto transportation authority issued by the commission is unable to continue to provide all, or part of, the service authorized by the company's certificate, filed tariff, or filed time schedule and requests commission permission to permanently discontinue all, or part of, its service and relinquish that certificate or portion of that certificate. See WAC 480-30-186.

(b) "Temporary discontinuance of service" means that a company holding auto transportation authority issued by the commission is unable to continue to provide all, or part of, the service authorized by the company's certificate, filed tariff, or filed time schedule and requests commission permission to discontinue all, or part of, its service for a specified, limited period of time.

"Door-to-door service" means an auto transportation company service provided between a location identified by the passenger and a point specifically named by the company in its filed tariff and time schedule.

"Double-decker bus" means a motor vehicle with more than one passenger deck.

"Excursion service carrier" or "excursion carrier" means every person engaged in the transportation of persons for compensation over any public highway in the state from points of origin within any city, town, or area, to any other location within the state of Washington and returning to that origin. The service ((will)) must not pick up or drop off passengers after leaving and before returning to the area of origin. The excursions may ((or may not)) be regularly scheduled. Compensation for the transportation offered or afforded must be computed, charged, or assessed by the excursion service company on an individual fare basis.

(("Express freight/package service" means transportation of freight and packages, other than packages or baggage carried or checked by passengers, offered by a passenger transportation company.))

"Express passenger service" means auto transportation company service provided between fixed points or stations with few, if any, stops along the route, and is designed to get passengers from origin to destination more quickly than normally scheduled passenger service.

"Federal Motor Carrier Safety Administration" means an agency of the United States Department of Transportation (USDOT) and successor agency to the former Interstate Commerce Commission.

"Filing" means any application, petition, tariff proposal, annual report, comment, complaint, pleading, or other document submitted to the commission.

"Fixed termini" means points of origin and destination that are set, static locations or defined geographic areas. Examples include a city or town, a building or an airport. In addition "fixed termini" can include service between an airport and unlimited points within a defined geographic area.

"Flag stops" means a point along an auto transportation company's normally traveled routes where the company stops only if it receives notification that a passenger wishes to board the vehicle at that point. An auto transportation company must list available flag stops in the company's tariffs and time schedules. Flag stops may only be named at points that provide waiting passengers safe access to the vehicle.

"Group" means:

(a) Two or more passengers traveling together;

(b) A class of passengers to whom special rates and/or rules apply. For example, active military personnel.

"Intermediate point" means a point located on a route between two other points that are specifically named in an auto transportation company's certificate or tariff.

"Intermediate service" means service to an intermediate point.

"Interruption in service" means a period of time during which an auto transportation company cannot provide service listed in its certificate, its filed tariff, or its filed time schedule. An interruption in service is normally short lived, lasting no more than a few hours or a few days.

(("Leasing":

(a) "Leasing authority" means one auto transportation company allowing another person to operate all, or a portion, of the authority granted to the first company by the commission. A joint application to, and approval from, the commission is required to lease authority. See WAC 480-30-141.

(b) "Leasing equipment" means the act of a passenger transportation company to supplement its fleet by acquiring a vehicle(s) from a third party for a specified period of time under contract. See WAC 480-30-236.))

"Liquor permit holder" means a holder of an appropriate special permit to provide liquor issued under chapter 66.20 RCW, who is twenty-one years of age or older and who is responsible for compliance with the requirements of WAC 480-30-244 and chapter 66.20 RCW during the provision of transportation services.

"Motor vehicle" or "vehicle" means:

(a) As related to auto transportation companies: Every self-propelled vehicle used on the public highways, for the transportation of persons for compensation.

(b) As related to charter and excursion carriers: Every self-propelled vehicle with a manufacturer's seating capacity for eight or more passengers, including the driver, used on the public highways, for the transportation of persons for compensation.

"Named points" means cities, towns, or specific locations that are listed in an auto transportation company's certificate, tariff, or time schedule.

"Nonstop service" means transportation of passengers from point of origin to point of destination without stopping at any intermediate points.

"On-call service" means unscheduled auto transportation company service provided only to those passengers that have by prior arrangement requested service prior to boarding.

"Party bus" means any motor vehicle whose interior enables passengers to stand and circulate throughout the vehicle because seating is placed around the perimeter of the bus or is nonexistent and in which food, beverages, or entertainment may be provided. A motor vehicle configured in the traditional manner of forward-facing seating with a center aisle is not a party bus.

"Passenger facility" means a location at which an auto transportation company stations employees and at which passengers can purchase tickets or pay fares for transportation service.

"Passenger transportation company" means an auto transportation company or charter and excursion carrier.

"Person" means an individual, firm, corporation, association, partnership, lessee, receiver, trustee, consortium, joint venture, or commercial entity.

"Premium service" means a type of service provided by an auto transportation company that is outside normal service. Examples include express service, direct route service, and nonstop door-to-door service.

"Private carrier" means a person who transports passengers in the person's own vehicle purely as an incidental adjunct to some other established private business owned or operated by that person in good faith.

"Private motor vehicle" means a vehicle owned or operated by a private carrier.

"Public highway" means every street, road, or highway in this state.

"Public transit agency" means a municipal corporation or agency of state or local government formed under the laws of the state of Washington for the purpose of providing transportation services including, but not limited to, public transportation benefit areas, regional transit authorities, municipal transit authorities, city and county transit agencies.

"Residence" means the regular dwelling place of an individual or individuals.

"Route" means a highway or combination of highways over which an auto transportation company provides passenger service. There are two types of routes:

(a) "Irregular route" means travel between points named in an auto transportation company's certificate via any highway or combination of highways the company wishes to operate over. The certificate issued to the company does not list highways to be used, but the company defines routes in its tariffs and time schedules.

(b) "Regular route" means an auto transportation company providing passenger transportation over a route named in the certificate issued to the company by the commission.

"Scheduled service" means an auto transportation company providing passenger service at specified arrival and/or departure times at points on a route.

"Single contract" means an agreement between a charter carrier and a group of passengers to provide transportation services at a set price for the group or trip. Under a single contract, passengers are not charged individually.

"Small business" means any company that has fifty or fewer employees.

"Special or promotional fares" means temporary fares for specific services offered for no more than ninety days.

(("State" means the state of Washington.

"Subcontracting - Auto transportation company" means that an auto transportation company holding authority from the commission contracts with a second auto transportation company to provide service that the original company has agreed to provide, but finds it is unable to provide. See WAC 480-30-166.

"Subcontracting - Charter and excursion carrier" means that a charter and excursion carrier holding authority from the commission contracts with a second charter and excursion carrier to provide service that the original carrier has agreed to provide, but finds it is unable to provide.

"Substitute vehicle" means a vehicle used to replace a disabled vehicle for less than thirty days.))

"Suspension" means an act by the commission to temporarily revoke a company's certificated authority; or an act by the commission to withhold approval of an auto transportation company's tariff filing.

"Tariff" or "tariff schedule" means a document issued by an auto transportation company containing the services provided, the rates the company must assess its customers for those services, and the rules describing how the rates apply.

"Tariff service territory" means a company-defined geographic area of its certificated authority in which a specific tariff applies.

"Temporary certificate" means the certificate issued by the Washington utilities and transportation commission under RCW 81.68.046 to operate as an auto transportation company for up to one hundred eighty days or pending a decision on a parallel filed auto transportation company certificate application.

"Temporary certificate authority" means the territory and services granted by the commission and described in an auto transportation company's temporary certificate.

"Ticket agent agreements" means a signed agreement between an auto transportation company and a second party in which the second party agrees, for compensation, to sell tickets to passengers on behalf of the auto transportation company. See WAC 480-30-391.

"Time schedule" means a document filed as part of an auto transportation company's tariff, or as a separate document, that lists the routes operated by the company including the times and locations at which passengers may receive service and any rules specific to operating those routes.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-056 Records retention, auto transportation company.

(1) General provisions. An auto transportation company must keep all business records and reports for at least three years following the date those documents are created unless otherwise specified in subsection (2) of this section or unless a longer retention period is required by another governmental body.

(2) Retention schedule table. The following schedule shows periods that auto transportation companies must preserve various records.


Type of Record:	Retention Period:
1. Original certificate	Until cancellation.
2. Contracts ((and agreements: (a) Service contracts (management, accounting, financial or legal services)))	Until expiration, or termination, as applicable, plus three years.
(((b) Contracts with employees and employee groups)) 3. All employment records	Until ((termination)) end of employment plus one year.
(((c) General contracts, leases and agreements	Until termination plus one year.))
((3.)) 4. Long-term debt records((: Bond indentures, underwritings, mortgages, and other long-term credit agreements))	Until redemption plus three years.
((4.)) 5. General and subsidiary ledgers and indexes	Until discontinuance of use plus three years.
((5.)) 6. General journals	Until discontinuance of use plus three years.
((6.)) 7. General cash books	Until discontinuance of use plus three years.

(3) Customer service records. An auto transportation company must maintain complete and accurate customer service records.

(a) Company service records include, but are not limited to:

(i) Daily trip records, by route or by unit of equipment, that show:

(A) The schedules operated;

(B) The number of passengers carried on each schedule;

(D) The fare charged each customer (for example full-fare, children's fare, round-trip fare, free or reduced fare);

(E) Any condition causing the vehicle to deviate from the company's filed time schedule by more than thirty minutes. For example, traffic backed up at an accident site, inclement weather, or equipment failure.

(ii) Records of revenues received.

(iii) Bills or invoices issued.

(iv) Records of all reservations.

(v) Records of all tickets issued.

(vi) Records of all passenger service provided at free and/or reduced rates.

(vii) Identification of vehicle by vehicle identification number (VIN) if the vehicle is not owned by the company.

(viii) Each driver's name and current driver's license number (with state of issue) if the company does not employ the driver.

(b) Customer service records must be kept on file in the general office of the company for at least three years and are subject to commission inspection.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-141 ((Certificates, sale, lease, assignment, transfer or mortgage, auto transportation company.)) Transferring or encumbering all or part of a passenger transportation company's certificate or authority.

(1) The commission must approve any sale, assignment, lease, transfer, or mortgage of ((a)) an auto transportation, charter carrier, or excursion carrier company's certificate, or any portion of the operating authority described in a company's ((auto)) passenger transportation company certificate.

(2) To obtain commission approval for sale, assignment, lease, transfer, or mortgage, the parties to the transaction must jointly file an ((auto transportation company certificate)) application with the commission ((under the provisions of WAC 480-30-096)) seeking such approval.

(3) ((The provisions of)) This rule ((do)) does not apply to a change in ownership resulting from an acquisition of control of a corporation through stock sale or purchase. Refer to WAC 480-30-106.

(4) This rule does not apply to contracts between a passenger transportation company and another person or company for a driver or vehicle, or both, to provide service on behalf of the passenger transportation company.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-166 ((Certificates, service agreements, auto transportation company.)) Agreements between auto transportation companies to provide service.

(1) An auto transportation company may enter into an agreement to allow another certificated auto transportation company to operate in the first company's territory or over its route(s) when the first company((:

(a))) holds exclusive authority in the territory or over the route(s) to be served((; and

(b) Lacks suitable equipment to adequately serve its route(s) or customers, or is unable to provide service on a temporary basis due to situations such as, but not limited to, road closures or other temporary restrictions imposed by local jurisdictions)).

(2) The commission must approve the agreement before any service is provided. To apply for commission approval, the companies must jointly file a copy of the written agreement at least fifteen days before the proposed effective date of the agreement. Companies may request the fifteen-day approval period be waived in the case of an emergency.

(3) The agreement filed with the commission must clearly state:

(a) The first company will charge customers for service provided by the second company at rates contained in the first company's filed tariff.

(b) The first company will pay the second company for providing service in compliance with terms stated in the agreement.

(d) A provision for early termination of the agreement that includes at least five days' notice to the commission and to each party.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-171 Certificates, suspending and canceling.

(1) Cause for suspension. The commission may suspend a certificate for cause. Cause includes, but is not limited to:

(a) Failure to maintain evidence of required liability insurance coverage for all areas of a passenger transportation company's operations;

(b) Failure to file an annual report or pay required regulatory fees;

(d) Failure to comply with an auto transportation company's filed time schedule;

(e) Failure or refusal to comply with operating standards that protect the public health, safety, or welfare;

(f) Allowing others to operate under a provider's certificated authority without having first obtained commission approval, unless approval is not required under WAC 480-30-141 or 480-30-166;

(g) Operating in a manner that violates the rights of customers and/or constitutes an unfair or deceptive business practice; or

(h) Repeated failure or refusal to comply with laws and rules pertaining to operations of passenger transportation companies.

(2) Cause for cancellation. The commission may cancel a certificate for cause. Cause includes, but is not limited to:

(a) Operating without proper insurance;

(b) Failure to file an annual report or pay required fees;

(c) Failure to correct within the time specified in a suspension order all conditions listed in the suspension order that led to the certificate's suspension;

(d) Continued violations of laws and rules affecting the public health, safety, or welfare when the commission has reason to believe the passenger transportation company will not comply with those laws and rules following a specified period of suspension;

(e) Failure to supply requested information needed by the commission in the performance of its regulatory functions; or

(f) Submission of false, misleading or inaccurate information.

(3) Notice of pending suspension and cancellation. When the commission believes cause exists to suspend or cancel a certificate, it will issue a notice to the passenger transportation company of the commission's intention to suspend or cancel the authority.

(4) Contest of suspension and cancellation. A passenger transportation company may contest the pending suspension and/or cancellation of its certificate by requesting a hearing or brief adjudicative proceeding within ten days following the date of the notice.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-191 Bodily injury and property damage liability insurance.

(1) Insurance coverage. A company must have bodily injury and property damage liability insurance covering each motor vehicle ((it operates in the state of)) used to provide passenger transportation services under the authority of the company's certificate in Washington.

(a) The insurance policy must be written by an insurance company authorized to write insurance in the state of Washington.

(b) The insurance policy must include the Uniform Motor Carrier Bodily Injury and Property Damage Liability Endorsement (Form F).

(c) If a company operates without the required insurance coverage, the commission may take immediate compliance action as described in WAC 480-30-171.

(2) Insurance limits. The minimum limits of required bodily injury and property damage liability insurance for motor vehicles operated by companies are:


Motor vehicles that:	Must have bodily injury and property damage insurance or surety bond with the following minimum limits:
Have a passenger seating capacity of fifteen or less (including the driver).	$1,500,000 combined single limit coverage.
Have a passenger seating capacity of sixteen or more (including the driver).	$5,000,000 combined single limit coverage.

(3) Insurance filings. A company must file and maintain a Uniform Motor Carrier Bodily Injury Property Damage Certificate of Insurance (Form E) as a condition of being issued and maintaining a certificate to operate as a passenger transportation company.

(a) The Form E is a standard motor carrier insurance form recognized by the insurance industry and is normally filed with the commission by an insurance company rather than an insurance agent.

(b) The Form E must be issued in the company name exactly as it appears on the company's certificate or application for certificate.

(c) The Form E filing must remain in effect until canceled by a Notice of Cancellation (Form K). The Form K must be filed with the commission by the insurance company not less than thirty days before the cancellation effective date.

(d) A company may file a Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond (Form G) instead of the Form E.

(4) Insurance binders. The commission will accept an insurance certificate or binder for up to sixty days.

(a) An insurance certificate or binder may be canceled by written notice filed with the commission at least ten days before the cancellation effective date.

(b) An insurance certificate or binder must be replaced by a Form E within sixty days of filing, or before the expiration date, whichever occurs first.

(i) The commission as the named insurance certificate holder;

(ii) The company name, exactly as it appears on the company's certificate or application for a certificate, as the insured;

(iii) The insurance company name;

(iv) The insurance policy number;

(v) The insurance policy effective and expiration dates;

(vi) The insurance limits of coverage; and

(vii) The agent's or other insurance representative's signature.

AMENDATORY SECTION (Amending WSR 16-02-076, filed 1/4/16, effective 2/4/16)

WAC 480-30-216 Operation of motor vehicles, general.

(1) Discrimination prohibited. ((No company operating motor vehicles)) All companies providing passenger transportation service under the provisions of this chapter ((will operate a vehicle in intrastate commerce on which the seating of passengers is based on race, color, creed, or national origin)) must provide that service consistent with federal and Washington state nondiscrimination laws and rules.

(2) Inspection of baggage and other materials passengers wish to be carried in or on a motor vehicle. Auto transportation companies are responsible for the safety and comfort of all passengers transported. To ensure the safety and comfort of passengers and employees it may be necessary for companies to inspect baggage and other materials to be transported in or on motor vehicles.

(a) Companies must include in their filed tariffs, in information provided to passengers, and on their tickets, information that advises passengers that all baggage and other materials to be carried in or on a motor vehicle is subject to inspection by the company.

(b) The information required by (a) of this subsection must include a list of examples of materials that will not be accepted for transportation. Examples may include, but are not limited to, the following items:

(i) Articles whose transportation as baggage are prohibited by law or regulation;

(ii) Fragile or perishable articles;

(iii) Articles whose dimensions exceed the size limitations in the company's filed tariff;

(iv) Packages, bags, or parcels that are leaking;

(v) Firearms;

(vi) Articles that have foul and obnoxious odors; or

(vii) Items that cause annoyance, discomfort, or harm to persons or property.

(3) Service requirement.

(a) An auto transportation company is a public service company with an obligation to provide service to the satisfaction of the commission to all customers within its certificated authority.

(b) Except to the extent allowed by WAC 480-30-451, no driver or operator of a motor vehicle used in the transportation of passengers by an auto transportation company shall refuse to carry any person presenting him or herself at a regular stopping place who tenders the appropriate fare. Exception: Companies limiting operations to passengers with prior reservations are not subject to this provision.

(4) Passenger loading capacity. No motor vehicle used in the transportation of passengers will carry more passengers than can be carried safely. In no case will a motor vehicle transport more than one hundred fifty percent of its rated seating capacity.

(5) Standing passengers. No passenger will be permitted to stand unless the vehicle is equipped with devices designed and permanently installed to provide stability and safety for standing passengers. Even if the vehicle is properly equipped, no passenger will be permitted to stand for a distance exceeding thirty-five miles.

(6) Double-decker bus. Any company that operates a double-decker bus must comply with the maximum height vehicle requirement of RCW 46.44.020.

(7) Reserve equipment. All auto transportation companies must ((maintain)) own, lease, or contract for sufficient reserve equipment to ((insure the reasonable operation of established routes and fixed time schedules)) ensure the company is reasonably able to provide its certificated service.

(8) Smoking ((on)) in motor vehicles.

(a) Smoking or carrying lit cigars, cigarettes, or other smoking materials is prohibited ((on)) in vehicles.

(b) Each company must post signs in its vehicles informing passengers that smoking is not permitted.

AMENDATORY SECTION (Amending WSR 11-04-041, filed 1/25/11, effective 2/25/11)

WAC 480-30-221 Vehicle and driver safety requirements.

(1) ((Companies)) A passenger transportation company must ensure that all vehicles and drivers used to provide passenger transportation services under the authority of the company's certificate comply with all federal, state, and local laws and rules, and commission orders, governing licensing, vehicle safety, and driver safety. Except for vehicles with a seating capacity of seven or fewer passengers (including the driver) and the drivers of those vehicles, in which case the company must comply with the requirements in WAC 480-30-222, companies must also comply with the parts of Title 49, Code of Federal Regulations (49 C.F.R.), adopted by reference, that are shown in the following chart. Information about 49 C.F.R., including the version adopted by the commission and where to obtain copies is set out in WAC 480-30-999.


49 C.F.R. Part:		Notes:
Part 40 -	Procedures For Transportation Workplace Drug and Alcohol Testing Programs	Entire Part 40 is adopted and applies to Washington intrastate operations.
Part 382 -	Controlled Substance and Alcohol Use and Testing	Entire Part 382, ((including definition of commercial motor vehicle,)) is adopted and applies to Washington intrastate operations.
Part 383 -	Commercial Driver's License Standards; Requirements and Penalties	Entire Part 383, ((including definition of commercial motor vehicle,)) is adopted and applies to Washington intrastate operations.
Part 379 -	Preservation of Records	Entire Part 379 is adopted and applies to Washington intrastate operations.
Part 380 -	Special Training Requirements	Entire Part 380 is adopted and applies to Washington intrastate operations.
Part 385 -	Safety Fitness Procedures	Entire Part 385 is adopted and applies to Washington intrastate operations.
Part 390 -	Safety Regulations, General	Entire Part 390 is adopted and applies to Washington intrastate operations, with the following exceptions:
		(1) The terms "motor vehicle," "commercial motor vehicle," and "private vehicle" are not adopted. Instead, where those terms are used in Title 49 C.F.R., they have the meanings assigned to them in WAC 480-30-036 (((Motor vehicle and private vehicle) and WAC 480-30-211 (Commercial motor vehicle))).
		(2) Whenever the term "director" is used in Title 49 C.F.R., it means the commission.
Part 391 -	Qualification of Drivers	Entire Part 391 is adopted, with the following exceptions:
		(1) Part 391.49 (alternative physical qualification standards for the loss or impairment of limbs) is not adopted for drivers who operate vehicles exclusively ((within Washington state)) intrastate. Instead refer to WAC 480-30-226 for intrastate medical waivers.
Part 392 -	Driving of Motor Vehicles	Entire Part 392 is adopted and applies to Washington intrastate operations.
Part 393 -	Parts and Accessories Necessary for Safe Operation	Entire Part 393 is adopted and applies to Washington intrastate operations.
Part 395 -	Hours of Service of Drivers	Entire Part 395 is adopted and applies to Washington intrastate operations.
Part 396 -	Inspection, Repair, and Maintenance	Entire Part 396 is adopted and applies to Washington intrastate operations.
Part 397 -	Transportation of Hazardous Materials, Driving and Parking Rules	Entire Part 397 is adopted and applies to Washington intrastate operations.

(2) Companies must: (((a) Maintain)) Ensure that all motor vehicles used to provide certificated service are maintained in a safe and sanitary condition((;)) and (((b) Ensure that vehicles)) are free of defects likely to result in an accident or breakdown.

(3) No company, its agents, contractors, officers, or employees, will allow any article, commodity, or substance to be loaded in or on any motor vehicle used by the company to provide certificated services to transport passengers that is dangerous to the lives and safety of passengers.

(4) No company, its agents, contractors, officers, or employees will allow any article, commodity, or substance to be loaded in or on any motor vehicle used by the company to provide certificated services to transport passengers that is prohibited by the hazardous materials rules in Title 49 C.F.R. from being transported on passenger-carrying vehicles.

(5) All motor vehicles ((operated)) and drivers operating under the provisions of this chapter and used to provide certificated services are at all times subject to inspection by the commission or its duly authorized representatives((.

(6) The commission will place out-of-service any motor vehicle having safety defects identified in the North American Uniform Out-Of-Service Criteria. Information about the North American Uniform Out-Of-Service Criteria including the version adopted and where to obtain copies is set out in WAC 480-30-999. A company must not operate any vehicle placed out-of-service until proper repairs have been completed.

(7) The commission will place out-of-service any driver meeting criteria identified in the North American Uniform Out-Of-Service Criteria. A company must not allow a driver who has been placed out-of-service to operate a motor vehicle until the conditions causing the driver to be placed out-of-service have been corrected)). The commission will place out-of-service for the provision of passenger transportation service any motor vehicle with a seating capacity of eight or more passengers (including the driver) or the driver of that vehicle if the vehicle or driver meets any condition listed in the North American Uniform Out-of-Service Criteria. A company must not allow a vehicle or driver that has been placed out-of-service to operate until the condition(s) causing the out-of-service violation is corrected. Information about the North American Uniform Out-of-Service Criteria is set out in WAC 480-30-999.

NEW SECTION

WAC 480-30-222 Vehicles with capacity for seven or fewer passengers (including the driver).

A company must ensure compliance with the requirements of this section for all vehicles with a capacity of seven or fewer passengers (including the driver) used to provide passenger transportation service under the authority of the company's certificate and for all drivers of those vehicles. Regardless of whether a record required under this section is maintained by the certificated company or its contractor, the certificated company must make the record available to the commission upon request within forty-eight hours of the request.

(1) All vehicles must be inspected annually by a mechanic who has successfully passed the applicable examinations of, and met the applicable experience requirements prescribed by, the National Institute for Automotive Service Excellence, and certified by the mechanic as safe to operate.

(2) At the beginning and end of each day's work, the driver must check each vehicle the driver operates to determine if the lights, brakes, tires, steering, seat belts, and other safety and operating equipment are working properly. The driver must document the inspection the driver performs at the end of each day.

(3) Records of inspection, repair, and maintenance indicating the date and nature of the inspection, repair or maintenance must be kept by the certificated company or contractor for a period of three years.

(4) Drivers used to operate vehicles with a capacity of seven or fewer passengers (including the driver) must have the following qualifications at all times when operating a vehicle on behalf of a certificated company:

(a) Be licensed to drive in the state of Washington;

(b) Be a safe driver as demonstrated by a complete driving record from the Washington department of licensing and a complete driving record from any other state in which the driver held a driver's license in the previous five years;

(c) Have not been convicted within the past five years of hit-and-run, reckless driving, attempting to elude an officer by using a vehicle, vehicular assault, vehicular homicide, reckless endangerment, negligent driving in the first degree, or driving under the influence of alcohol or a controlled substance, and have not been convicted within the past five years of a crime pertaining to physical violence or crimes reasonably related to the driver's honesty including, but not limited to, robbery, fraud, theft, extortion, assault, or identity theft, as demonstrated by a state criminal background check;

(d) Have not been required to register as a sex offender or been convicted of a sex offense or been convicted of a kidnapping offense against a minor;

(e) Have been medically examined and certificated by a medical examiner who is listed on the National Registry of Certified Medical Examiners, and be physically and mentally qualified to operate a passenger carrying vehicle for compensation; and

(f) Have passed a defensive driving course certified by the National Safety Council or passed an equivalent course approved by the commission.

(5) The certificated company must verify and document the driver's qualifications under this section prior to initially allowing the driver to operate a vehicle under the company's authority and at least once every twelve months thereafter during the time of employment or the contract.

(6) A driver shall not be in control of a vehicle more than twelve consecutive hours. The twelve hours can be spread over a fifteen hour period within twenty-four hours. Thereafter, the driver shall not drive a vehicle until the driver takes eight consecutive hours off duty.

(7) The certificated company or contractor must keep or require its contractors to keep, and provide or make available to the commission on request, the following records for the specified time periods:

(a) All documents related to driver hours for a period of at least six months;

(b) Verification of each driver's qualifications for the duration of the driver's employment or contract with the certificated company and for three years thereafter; and

(c) All documents related to any vehicle collisions or other accidents that occur while driving for compensation for a period of at least three years from the date of the accident. Such records must include copies of all accident reports and any other documents that identify the date and geographic location of the accident, the driver name, the number of fatalities or persons injured and a description of those injuries. The certificated company must ensure that its contractors immediately notify the certificated company of any accident or motor vehicle violation that occurs while driving for compensation.

(8) The commission will place a motor vehicle or driver out-of-service for the purposes of use by a certificated company if the vehicle or driver fails to meet any of the requirements in this section.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-226 Intrastate medical waivers.

(1) Department of licensing intrastate medical waiver. A passenger transportation company may ((employ)) use a driver that is not physically qualified to drive a commercial motor vehicle under Title 49 C.F.R. Part 391.41, if the driver:

(a) Only operates motor vehicles intrastate, wholly within the state of Washington; and

(b) Has obtained from the Washington state department of licensing an intrastate medical waiver to drive a commercial motor vehicle.

For the purposes of a department of licensing medical waiver, a commercial motor vehicle means a motor vehicle:

(i) With a gross vehicle weight rating over 26,000 lbs.;

(ii) Transporting sixteen or more passengers, including the driver; or

(iii) With a manufacturer's seating capacity of sixteen or more passengers, including the driver.

(2) Doctor's statement of intrastate medical waiver. A passenger transportation company may ((employ)) use a driver that is not physically qualified to drive a commercial motor vehicle under Title 49 C.F.R. Part 391.41 or WAC 480-30-222, as applicable, if the driver:

(a) Holds a valid Washington state driver's license;

(b) Has received a doctor's statement that:

(i) The driver's medical condition is not likely to interfere with the driver's ability to safely operate a commercial motor vehicle; and

(ii) The doctor's opinion is that the driver's condition is likely to remain stable for the two years that the medical certificate is valid.

(c) Operates commercial motor vehicles intrastate wholly within the state of Washington. For the purposes of a doctor's statement of intrastate medical waiver, a commercial motor vehicle means a motor vehicle:

(i) With a gross vehicle weight rating under 26,001 lbs.((,));

(ii) Transporting fifteen or fewer passengers, including the driver((,)); or

(iii) With a manufacturer's seating capacity of fifteen or fewer passengers, including the driver.

(3) Driver qualification files. A passenger transportation company that ((employs)) uses a driver under an intrastate medical waiver must maintain in the driver's qualification file a copy of the doctor's statement of intrastate medical waiver.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-231 Vehicle and driver identification.

(1) ((A)) Unless otherwise prohibited by law, a passenger transportation company must ensure that all motor vehicles ((operated in the)) used to provide passenger transportation ((of passengers)) services are ((properly identified)) clearly and easily identifiable as being operated under the authority of the company.

(a) Each motor vehicle must display the certificate holder's name (or registered trade name) and certificate number on each side of the vehicle. A company with both intrastate and interstate operations may display its U.S. Department of Transportation identification number in addition to, or in place of, its commission-issued certificate number.

(b) Each motor vehicle operated in regular route service with scheduled stops must display a suitable destination sign.

(c) Each motor vehicle operated in transportation of passengers must display on the vehicle a company identification or unit number.

(d) All identifications must be clearly legible, conspicuous, and of a size that is easily readable.

(e) For all vehicles owned by the company, all identifications((, except those displayed on leased or substitute vehicles,)) must be permanent.

(2) An auto transportation company must ensure that all drivers operating motor vehicles in the transportation of passengers are ((properly identified)) clearly and easily identifiable as driving under the authority of the company. Identification may include, but is not limited to, an identification badge or a uniform with a name tag identifying the driver by name or number. If applicable law prohibits the vehicle from being marked as required under subsection (1) of this section, the driver must have an identification badge or name tag clearly visible on the driver's person and must carry a sign at the point of pickup with the name of the certificated company and the name of the passenger(s) to be picked up clearly printed.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-236 Leasing vehicles.

(1) A passenger transportation company operating a leased vehicle must have a written lease agreement with the owner of the vehicle.

(2) It is the company's responsibility to ensure that:

(a) A copy of the lease is carried in each leased vehicle, unless the vehicle's registration names the certificate holder as registered owner or lessee.

(b) A copy of the lease is kept in the company's files during the effective period of the lease and for at least one year after the lease expires((;

(d) The company has complete possession, control, and use of the motor vehicle at all times during the period of the lease;

(e) The leased motor vehicle is properly insured as specified in WAC 480-30-191;

(f) The leased vehicle is properly identified as specified in WAC 480-30-231;

(g) The leased vehicle is operated in compliance with all safety laws and rules, including those regarding vehicle inspection, records, and maintenance; and

(h) The terms of the lease are followed.

(3) If a company leases a vehicle with a driver, the company must also ensure that:

(a) The driver of the leased motor vehicle is on the company's payroll during the lease period;

(b) The driver operates in compliance with all driver qualification, safety and hours of service laws and rules;

(d) The company maintains appropriate files and paperwork on the driver for a period of at least one year following the expiration of the lease.

(4) The company and the owner of the leased vehicle must specify in the lease who is responsible for all expenses relating to the leased motor vehicle. The lease must contain all information shown in the following sample lease form. If a company uses an alternate form, the company must ensure the alternate form contains all information requested on the sample. These requirements do not apply to substitute vehicles or vehicles leased without drivers from a person principally engaged in the business of leasing vehicles.

Sample lease form)).

((

))

AMENDATORY SECTION (Amending WSR 16-02-076, filed 1/4/16, effective 2/4/16)

WAC 480-30-244 Liquor permit required.

(1) A charter party carrier or excursion service carrier operating a party bus must be in compliance with the requirements of ((section 8, chapter 233, Laws of 2015)) RCW 81.70.380.

(2) A charter party carrier or excursion service carrier operating a party bus must be in compliance with Title 66 RCW.

(3) A copy of the liquor permit obtained by any party under Title 66 RCW must be maintained with the contract of carriage for at least six months from the ending date of the trip.

AMENDATORY SECTION (Amending WSR 13-18-003, filed 8/21/13, effective 9/21/13)

WAC 480-30-286 Tariffs and time schedules, posting.

An auto transportation company must maintain a copy of its filed tariff and its filed time schedule in the company's offices ((and at)), each passenger facility((. Each vehicle operated must carry a copy of the schedule and fares for each route served by that vehicle. The company must)), and the company's internet web site, if the company maintains an internet web site, and must make these documents available to customers for inspection on request ((during the company's regular business hours. Vehicles operated by an auto transportation company operating subject to flexible fares under WAC 480-30-420 must carry a copy of the flexible fare tariff and current time schedule, subject to the requirements of WAC 480-30-420(7))).

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-316 Tariffs and time schedules, customer notice requirements.

(1) Notice. Each auto transportation company must provide notice to its customers at least thirty days prior to the stated effective date for any proposed tariff change that would increase recurring or prepaid rates or restrict access to services (e.g., rate increase, route reduction, time schedule change).

(2) Thirty-day notice to public. At least thirty days prior to the stated effective date, the company must post a notice in a conspicuous place for each affected route or routes. The published notice must remain posted until the commission takes action on the request. The notice must be posted:

(a) ((In each vehicle;)) At the company's office;

(b) At each passenger facility; and

(c) On the company's internet web site, if the company maintains an internet web site accessible to the public through which it sells its transportation services and posts its rates or time schedules.

(3) Content of postings. The published notice required by this rule must include:

(a) The date the notice is issued;

(b) The company's name, address, and telephone number;

(d) The requested effective date;

(e) A description of how customers may contact the company if they have specific questions or need additional information about the proposal;

(f) A description of how customers may contact the commission to comment or oppose the company's proposal.

(4) Other customer notice. The commission may require additional notice to customers other than described in this rule when:

(a) The commission is holding a public hearing in a contested case((, or when));

(b) A company proposal may have a significant impact on customer rates or access to services; or ((when))

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-356 Tariffs and time schedules, tariff rules.

(1) Tariff rules must be stated in clear language and explicit terms, setting forth all standards and policies that will govern how the auto transportation company assesses rates to its customers.

(2) All provisions contained in an auto transportation company's tariff must be clearly labeled as to the type of service to which they apply. Example: Scheduled, door-to-door, by reservation only.

(3) Auto transportation company tariffs must contain rules addressing at least the following subjects:

(a) Children's fares. Rules must clearly indicate the ages for which children's fares apply.

(b) Baggage. Rules must state the amount of baggage that may be transported free of additional charge, baggage liability (see WAC 480-30-476), and overweight or excess baggage charges. Baggage rules must also state company policies regarding carry-on items such as skis and bicycles.

(c) ((Transportation of animals. Rules must state that service animals, such as dogs traveling with sight or hearing impaired passengers, will be transported free of charge if they lie at the feet of their master and do not occupy passenger seats.

(d))) Refunds for unused and partially used tickets.

(i) Rules must state, "Subject to the exceptions of (d)(ii) and (iii) of this subsection unused tickets will be redeemed at the purchase price and unused portions of round-trip or commutation tickets will be redeemed by charging the regular fare or fares for the portion or portions used, and refunding the balance of the purchase price."

(ii) A company offering "door-to-door" service or "by reservation only" service may assess an administrative fee in those instances where a cost is incurred because the customer requested a change. If a company assesses an administrative fee, the tariff must include rules that clearly identify the fee and under what circumstances the fee will be assessed. Example of an administrative fee rule: A ten-dollar administrative fee will be assessed for customer requested changes made less than twenty-four hours in advance of the scheduled departure time. Administrative fees are deducted from ticket refunds.

(iii) A customer who has made a reservation but fails to cancel, reschedule, or appear at the designated pick-up point by the scheduled departure time is not eligible for a refund unless the failure was caused by an airline delay or cancellation.

(((e))) (d) Long haul/short haul provisions. Rules must state that no customer will be required to pay more for transportation to an intermediate point along a route than is charged for a longer trip over that same route.

(((f))) (e) Areas or zones to which rates apply. When fares to or from a named point include stops beyond the regular terminal, or where no regular terminal is maintained, the tariff must define the zone within which fares to and from a named point apply. For example: "Rates apply within five road miles of points named."

(((g))) (f) Commuter fares, if offered by the company.

(((h))) (g) Whether alternate means of transport will be provided by the company when it is unable to provide transportation at the time and place specified in the reservation that the company has accepted for that passenger.

(((i))) (h) Holidays observed by the company.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-396 Tariffs and time schedules, free and reduced rates.

(1) No auto transportation company will charge, demand, collect, or receive a greater, lesser, or different compensation for transportation of persons, than the rates that are contained in that company's effective tariff filed with the commission. Further, no auto transportation may extend to any person any privilege that is not uniformly extended to all persons under the same circumstances.

(2) An auto transportation company wishing to provide service at free or reduced rates must first publish those free or reduced rates in its filed tariff in accordance with RCW 81.28.080.

(3) If an auto transportation company chooses to provide service at free or reduced rates, the company must publish in its tariff:

(a) A detailed description of the customer class and criteria to qualify;

(b) The service provided;

(d) The applicable rate(s), amount of reduction (such as, twenty percent), or if free, "$0.00" or "no charge."

(4) The auto transportation company must record the number of passengers transported under each free or reduced rate published in its tariff in accordance with RCW 81.28.080.

NEW SECTION

WAC 480-30-450 Nondiscrimination.

Passenger transportation companies must comply with the American with Disabilities Act (ADA), comparable Washington statutes, and federal and state rules promulgated pursuant to those statutes including, but not limited to, requirements for nondiscrimination, service animals, employee training, standards for accessible vehicles, and equivalent service standards as referenced in C.F.R. 49 Part 37, C.F.R. 28 Part 35.136, and chapter 49.60 RCW.

AMENDATORY SECTION (Amending WSR 06-13-006, filed 6/8/06, effective 7/9/06)

WAC 480-30-456 Fair use of customer information.

(1) Customer information includes the customer's name, address, and telephone number.

(2) Companies must use customer information only for:

(a) Providing and billing for services the customer requests, either directly or through a contractor;

(b) Marketing new services or options to its customers; or

(3) Any sale or release of customer information without the written permission of the customer is prohibited. The only exceptions to this rule are:

(a) Release of information to the commission to investigate or resolve complaints filed with the commission by a customer;

(b) Sharing nonpayment information with agencies the company engages to act as the company's agent in pursuing collection of past due accounts.

(4) Companies are allowed to collect and release customer information in aggregate form if the aggregated information does not allow any specific customer to be identified.

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 480-30-061	Express freight, property transportation.
WAC 480-30-206	Vehicle licensing.
WAC 480-30-211	Commercial vehicle defined.
WAC 480-30-213	Vehicles and drivers.