S-4049.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 6378

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Barr, Vognild and Patterson)

Read first time 02/11/92.Decriminalizing the escape of animal wastes from farm vehicles crossing small ferries.

     AN ACT Relating to the escape of waste products from vehicles hauling live animals across ferries; and amending RCW 46.61.655.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 46.61.655 and 1990 c 250 s 56 are each amended to read as follows:

     (1) No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction.  Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.

     (2) No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

     (3) Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage.  Covering of such loads is not required if six inches of freeboard is maintained within the bed.

     (4) Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.

     (5) The state patrol may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods, and practices to effectuate such provisions.

     (6) Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.

(7) This section does not apply to waste products falling from vehicles hauling live farm animals when crossing a ferry capable only of transporting fewer than twenty-five vehicles.