WSR 19-21-090
PROPOSED RULES
DEPARTMENT OF TRANSPORTATION
[Filed October 15, 2019, 2:43 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-17-033.
Title of Rule and Other Identifying Information: WAC 468-38-071 Maximums and other criteria for special permits—Divisible.
Hearing Location(s): On November 27, 2019, at 1:00 p.m., at the Transportation Building, Nisqually Room, 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504.
Date of Intended Adoption: November 27, 2019.
Submit Written Comments to: Justin Heryford, P.O. Box 47367, Olympia, WA 98504-7367, email Heryfoj@wsdot.wa.gov, fax 360-705-7987, by November 26, 2019.
Assistance for Persons with Disabilities: Contact Karen Engle, phone 360-704-6362, TTY 711, email EngleK@wsdot.wa.gov, by November 26, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal modifying WAC 468-38-071 was initiated by the Washington state department of transportation (WSDOT) maintenance and operations.
The proposal exempts government vehicles operating during emergency conditions such as snow and ice removal from the pilot/escort vehicle requirements in WAC 468-38-100.
The first change adds "government vehicles" where it currently mentions "department" vehicles and the second change adds subsection [(5)(b)](v) which states, "Exemption from the pilot/escort vehicle(s) requirements of WAC 468-38-100."
Proposed language:
Are there special permits available to government vehicles for emergent conditions? Yes. There are specific criteria authorizing issuance of permits to government vehicles during emergent conditions.
The secretary of transportation, or designee, may issue permits to government vehicles used for the emergent preservation of public safety and/or the infrastructure (i.e., now [snow] removal, sanding highways during emergency winter conditions, emergent debris removal or retainment, etc.). The permits will also be valid for the vehicles in transit to or from the emergent worksite. The special permits may allow:
(i) Weight on axles in excess of what is allowed in RCW 46.44.041;
(ii) Movement during hours of the day, or days of the week, that may be restricted in WAC 468-38-175;
(iii) Exemption from the sign requirements of WAC 468-38-155(7) if weather conditions render such signs ineffectual;
(iv) Movement at night that may be restricted by WAC 468-38-175(3), by vehicles with lights that meet the standards for maintenance vehicles established by the commission on equipment; and
(v) Exemption from the pilot/escort vehicle(s) requirements of WAC 468-38-100(1).
Reasons Supporting Proposal: During inclement weather when government vehicles are responding to snow and ice operations pilot/escort vehicles are not used. This rule change is matching the administrative code with existing practices as well as allowing for expedited responses during emergent conditions. These vehicles are required to obtain a WSDOT oversize/overweight permit and adhere to the conditions of the permit. Permits are only authorized during emergent conditions for government vehicles.
Statutory Authority for Adoption: RCW 46.44.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state patrol, Washington Trucking Associations, Northwest Pilot Car Association, private and governmental.
Name of Agency Personnel Responsible for Drafting: Justin Heryford, 7345 Linderson Way S.W., Tumwater, WA 98501, 360-705-7987; Implementation: Kevin Zeller, 7345 Linderson Way S.W., Tumwater, WA 98501, 360-704-6342; and Enforcement: Captain Thomas Foster, 106 11th Avenue S.E., Olympia, WA 98504, 360-596-3808.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The proposal does not change the current process for government vehicles responding to emergent conditions.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Current practices will be unchanged. There will be no additional impact due to this proposal.
October 15, 2019
Kara Larsen, Director
Risk Management and
Legal Services Division
AMENDATORY SECTION(Amending WSR 13-18-009, filed 8/22/13, effective 9/22/13)
WAC 468-38-071Maximums and other criteria for special permits—Divisible.
(1) Can a vehicle, or vehicle combination, acquire a permit to exceed the dimensions for legal vehicles in regular operation when moving items of a divisible nature? Yes. There are specific configurations that receive extra length, extra width, or extra height when carrying a divisible load.
(2) What configurations can be issued a permit, and how are they measured? The configurations and measurement criteria are:
(a) An overlength permit may be issued to a truck-tractor to pull a single trailer or semi-trailer, with a trailer length not to exceed fifty-six feet. The measurement for the single trailing unit will be from the front of the trailer (including draw bar when used), or load, to the rear of the trailer, or load, whichever provides the greater distance up to fifty-six feet. Rear overhang may not exceed fifteen feet.
(b) An overlength permit may be issued to a truck-tractor to pull a set of double trailers, composed of a semi-trailer and full trailer or second semi-trailer, with a combined trailer length not to exceed sixty-eight feet. The measurement for double trailers will be from the front of the first trailer, or load, to the end of the second trailer or load, whichever provides the greatest distance up to sixty-eight feet. Note: If the truck-tractor is carrying an allowable small freight compartment (dromedary box), the total combined length of the combination, combined trailer length notwithstanding, is limited to seventy-five feet.
(c) An overlength permit may be issued to a log truck pulling a pole-trailer, trailer combination, carrying two distinct and separate loads, as if it was a truck-tractor pulling a set of double trailers. Measurement for the log truck, pole-trailer, trailer combination will be from the front of the first bunk on the truck to the rear of the second trailer, or load, whichever provides the greatest distance up to sixty-eight feet.
(d) An overheight permit may be issued to a vehicle or vehicle combination, hauling empty apple bins, not to exceed fifteen feet high. Measurement is taken from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.
(e) An overheight permit may be issued to a vehicle or vehicle combination owned by a rancher and used to haul the rancher's own hay from the rancher's own fields to feed the rancher's own livestock, not to exceed fifteen feet high, measured from a level roadbed. This permit may be used in conjunction with either of the overlength permits in (a) or (b) of this subsection. The permit may also provide an exemption from a front pilot/escort vehicle as required by WAC 468-38-100 (1)(h). The exemption does not limit the liability assumed by the permit applicant.
(f) An overwidth permit, termed a tarping system permit, may be issued to a vehicle or vehicle combination for a divisible load when such vehicle is equipped with a tarping system as defined in WAC 468-38-073 (5)(n) and under the following conditions:
(i) The divisible load must be authorized by a tarping system permit in order to display the special conditions on the permit;
(ii) A tarping system permit is required for any divisible load exceeding one hundred and two inches (eight feet six inches) in width but not exceeding nine feet in width, all of which must be within the confines of the tarping system dimensions. For example, bulging of the tarping material, to accommodate the load, is not authorized;
(iii) A tarping system permit is authorized to be used in conjunction with either of the overlength permits authorized under (a) or (b) of this subsection; and
(iv) Vehicles operating with a tarping system permit are exempt from the requirements and restrictions listed in WAC 468-38-075(1).
(3) Are there any measurement exclusive devices related to these permits? Measurements should not include nonload-carrying devices designed for the safe and/or efficient operation of the vehicle, or vehicle combination components, for example: An external refrigeration unit, a resilient bumper, an aerodynamic shell, etc. Safety and efficiency appurtenances, such as, but not limited to, tarp rails and splash suppression devices, may not extend more than three inches beyond the width of a vehicle. The examples are not all inclusive.
(4) Are overweight permits available for divisible loads? Yes. There are specific criteria authorizing overweight permits to divisible loads.
(a) ((The secretary of transportation, or designee, may issue permits to department vehicles used for the emergent preservation of public safety and/or the infrastructure (i.e., snow removal, sanding highways during emergency winter conditions, emergent debris removal or retainment, etc.). The permits will also be valid for the vehicles in transit to or from the emergent worksite. The special permits may allow:
(i) Weight on axles in excess of what is allowed in RCW 46.44.041;
(ii) Movement during hours of the day, or days of the week, that may be restricted in WAC 468-38-175;
(iii) Exemption from the sign requirements of WAC 468-38-155(7) if weather conditions render such signs ineffectual; and
(iv) Movement at night, that may be restricted by WAC 468-38-175(3), by vehicles with lights that meet the standards for emergency maintenance vehicles established by the commission on equipment.
(b))) Additional weight allowances are authorized through special permit for a segment of US-97 from the Canadian border to milepost 331.12 designated as a heavy haul industrial corridor. The permits will authorize vehicles to haul divisible loads weighing up to the Canadian inter-provincial weight limits and must comply with the following requirements:
(i) Vehicles applying for the Canadian weight special permit must be licensed to their maximum legal weight limit in Washington state.
(ii) Displaying the US-97 heavy haul industrial corridor permit does not waive registration fees, fuel taxes, operating authority requirements, future legislative or regulatory changes. Except as provided in the provisions for the heavy weight industrial corridor on US-97, all Washington state and federal laws must be complied with.
(iii) Routes of travel are strictly limited: Both directions of US-97 from the Canadian border at milepost 336.48 to milepost 331.12.
(iv) A Washington state axle spacing report is required for Canadian weight verification.
(v) The following descriptions indicate the maximum weight limits that will be permitted:
(A) Primary steering axle - 600 lbs. (272 kg) per inch (25.4 mm) of width of tire* with a maximum limit of 12,100 lbs.
(B) Other axles - 500 lbs. (227 kg) per inch of width of tire*.
(C) Single axles - 20,000 lbs. (9,100 kg) maximum.
(D) Tandem axles - 37,500 lbs. (17,000 kg) maximum.
*Width of tire is determined by tire side-wall nomenclature.
(E) Tridem axles.
Axle Spread
Pounds
Kilograms
94" (2.4m) to < 118" (3.0m)
46,300
21,000
118" (3.0m) to < 141" (3.6m)
50,700
23,000
141" (3.6m) to < 146" (3.7m)
52,900
24,000
Note:
When computing allowable weights, the most conservative figure (whether weight per width of tire, axle weights, or gross weights) will govern.
(F) Maximum gross weight - Pounds (kilograms).
Number of Axles
2
3
4
5
6
7
8
Truck
36,000 (16,350)
53,000 (24,250)
 
 
 
 
 
Truck and
Full Trailer
 
 
74,000
(33,500)
91,000
(41,250)
106,500
(48,250)
118,000
(53,500)
139,994
(63,500)
Truck and Pup
 
56,200 (25,450)
74,000 (33,550)
91,000 (41,250)
99,800 (45,250)
 
 
Tractor and Semi
 
52,300 (23,700)
69,700 (31,600)
87,100 (39,500)
95,900 - 102,500*
 
 
A-Train**
 
 
 
92,500 (41,900)
109,800 (49,800)
118,000 (53,500)
118,000 (53,500)
B-Train**
 
 
 
90,000 (40,700)
107,200 (48,600)
124,600 (56,500)
139,994
(63,500)
C-Train**
 
 
 
92,500 (41,900)
109,800 (49,800)
120,500 (54,600)
130,000 (58,500)
*Semi tridem axle spacing and weight limits:
94" to < 118" (2.4m to < 3.0m) spread - 95,900 lbs. (43,500 kg).
118" to < 141" (3.0m to < 3.6m) spread - 100,310 lbs. (45,500 kg).
141" to < 146" (3.6m to < 3.7m) spread - 102,500 lbs. (46,500 kg).
**Double trailer vehicles definition for this section:
A-Train: Double trailers coupled by a single drawbar.
B-Train: Two semi-trailers coupled by a fifth wheel mounted to rear of first trailer.
C-Train: Double trailers coupled by double drawbars with self-steering dolly axle(s).
(((c)))(b) Additional weight allowances are authorized through a special permit for the transportation of divisible loads on state highways during national emergencies or major disasters declared by the president. Emergency permits are available for loads that comply with the conditions following:
(i) The national emergency must be declared by the president of the United States;
(ii) Permits are issued exclusively for vehicles and loads that are delivering relief supplies for any destination that is part of the geographical area covered by the emergency declaration;
(iii) The entire permitted load must consist of emergency supplies; and
(iv) The weight limits for an emergency permit are as follows:
(A) Single axle weight not to exceed 21,500 lbs.;
(B) Tandem axle weight not to exceed 43,000 lbs.;
(C) Tridem axle group weight not to exceed 53,000 lbs. (Tridem axle group defined for this section as three consecutive axles more than 8 feet apart but less than 13 feet apart measured from the center of the first axle of the group to the center of the last axle of the group);
(D) 160,000 lbs. gross weight;
(E) Must comply with all bridge and road weight restrictions;
(F) When requested by law enforcement, documents must be displayed describing the permitted load and that it is destined for the declared emergency area;
(G) Emergency permits under this section will expire no later than one hundred twenty calendar days after the date of the emergency declaration; and
(H) Permits authorized by the emergency declaration will not be issued for loads originating in the declared emergency area except for activities that clear roadways, staging areas, or locations for temporary structures in specific areas in the disaster area.
(5)(a) Are there special permits available to government vehicles for emergent conditions? Yes. There are specific criteria authorizing issuance of permits to government vehicles during emergent conditions.
(b) The secretary of transportation, or designee, may issue permits to government vehicles used for the emergent preservation of public safety and/or the infrastructure (i.e., snow removal, sanding highways during emergency winter conditions, emergent debris removal or retainment, etc.). The permits will also be valid for the vehicles in transit to or from the emergent worksite. The special permits may allow:
(i) Weight on axles in excess of what is allowed in RCW 46.44.041;
(ii) Movement during hours of the day, or days of the week, that may be restricted in WAC 468-38-175;
(iii) Exemption from the sign requirements of WAC 468-38-155(7) if weather conditions render such signs ineffectual;
(iv) Movement at night that may be restricted by WAC 468-38-175(3), by vehicles with lights that meet the standards for maintenance vehicles established by the commission on equipment; and
(v) Exemption from the pilot/escort vehicle(s) requirements of WAC 468-38-100(1).