Z-0753.1                   _______________________________________________

 

                                                     SENATE BILL 5623

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Senators Vognild, von Reichbauer, Prentice and Winsley; by request of Utilities & Transportation Commission

 

Read first time 02/05/93.  Referred to Committee on Transportation.

 

Regulating motor carriers.


          AN ACT Relating to the registration and regulation of motor carriers and the collection of fees relating to motor carrier operations; amending RCW 81.80.318, 81.80.150, and 81.80.090; adding new sections to chapter 81.80 RCW; repealing RCW 81.80.300 and 81.80.320; and providing an effective date.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 81.80 RCW to read as follows:

          The commission may implement a system to register motor carriers doing business in this state, including, but not limited to:

          (1) The prescription of an identification number and the issuance of a receipt that must be carried within the cab of each motive power vehicle operated within this state;

          (2) The adoption of requirements for the carriers to carry other identifying information along with the identification number provided for in subsection (1) of this section;

          (3) Participation in a single state registration program as authorized by the Interstate Surface Transportation Efficiency Act of 1991, 49 U.S.C. Sec. 11506, as in effect on the effective date of this act; and

          (4) The collection of any fee authorized by the Interstate Surface Transportation Efficiency Act, 49 U.S.C. Sec. 11506, as in effect on the effective date of this act, in addition to any other fees authorized by law.

 

        Sec. 2.  RCW 81.80.318 and 1985 c 7 s 153 are each amended to read as follows:

          Any motor carrier engaged in this state in the casual or occasional carriage of property in interstate or foreign commerce, who would otherwise be subject to all of the requirements of this chapter, shall be authorized to engage in such casual or occasional carriage, upon securing from the commission a single trip transit permit, valid for a period not exceeding ten days, which shall authorize a one way trip in transporting property for compensation between points in the state of Washington and points in other states, territories, or foreign countries.

          No identification ((cab cards and decals or stamps or)) numbers and no regulatory fees other than as provided in this section shall be required for such permit.  The permit must be carried in the cab of the motive power vehicle.

          The permit shall be issued upon application to the commission or any of its duly authorized agents upon payment of a fee of ((ten)) not more than twenty dollars and the furnishing of proof of possession of public liability and property damage insurance ((in limits of at least twenty-five thousand dollars, for injury or death of any one person, and subject to such limit as to any one person, for one hundred thousand dollars for injury or death of all persons caused by any one accident and for ten thousand dollars for all damages to property caused by one accident)) at levels set by commission rule.  Such proof may consist of an insurance policy or a certificate of insurance.

          The commission shall not be required to collect the excise tax prescribed by RCW 82.44.020 on any vehicle subject only to the payment of this fee.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 81.80 RCW to read as follows:

          In addition to all other fees to be paid, a common carrier and contract carrier shall pay a regulatory fee of no more than 0.0025 of its gross income from intrastate operations for the previous calendar year, or such other period as the commission designates by rule.  The carrier shall pay the fee no later than four months after the end of the appropriate period and shall include with the payment such information as the commission requires by rule.

          The legislature intends that the fees collected under this chapter shall reasonably approximate the cost of supervising and regulating motor carriers subject to this chapter, and to that end the commission may by general order decrease fees provided in this section if it determines that the moneys then in the motor carrier account of the public service revolving fund and the fees currently to be paid will exceed the reasonable cost of supervising and regulating carriers.

          All fees collected under any other provision of this chapter must be paid to the commission.  The commission shall transmit the fees to the state treasurer within thirty days for deposit to the credit of the public service revolving fund.

          The commission shall not be required to collect the excise tax prescribed by RCW 82.44.020 for fees collected under this chapter.

 

        Sec. 4.  RCW 81.80.150 and 1981 c 116 s 2 are each amended to read as follows:

          The commission shall make, fix, construct, compile, promulgate, publish, and distribute tariffs containing compilations of rates, charges, classifications, rules, and regulations to be used by all common carriers.  In compiling such tariffs it shall include within any given tariff compilation such carriers, groups of carriers, commodities, or geographical areas as it determines shall be in the public interest.  Such compilations and publications may be made by the commission by compiling the rates, charges, classifications, rules, and regulations now in effect, and as they may be amended and altered from time to time after notice and hearing, by issuing and distributing revised pages or supplements to such tariffs or reissues thereof in accordance with the orders of the commission:  PROVIDED, That the commission, upon good cause shown, may establish temporary rates, charges, or classification changes which may be made permanent only after publication in an applicable tariff for not less than sixty days, and determination by the commission thereafter that the rates, charges or classifications are just, fair, and reasonable:  PROVIDED FURTHER, That temporary rates shall not be made permanent except upon notice and hearing if within sixty days from date of publication, a shipper or common carrier, or representative of either, shall file with the commission a protest alleging such temporary rates to be unjust, unfair, or unreasonable.  For purposes of this proviso, the publication of temporary rates in the tariff shall be deemed adequate public notice.  Nothing herein shall be construed to prevent the commission from proceeding on its own motion, upon notice and hearing, to fix and determine just, fair, and reasonable rates, charges, and classifications.  Each common carrier shall purchase from the commission and post tariffs applicable to its authority.  The commission shall set fees for sale of the tariffs, and supplements and corrections of them, at rates to cover all costs of making, fixing, constructing, compiling, promulgating, publishing, and distributing the tariffs.  The proper tariff, or tariffs, applicable to a carrier's operations shall be available to the public at each agency and office of all common carriers operating within this state.  Such compilations and publications shall be sold by the commission for ((a)) the established fee ((to be determined annually and not to exceed the cost of this service.  Corrections to such publications shall be furnished to all subscribers to tariffs in the form of corrected pages to the tariffs, supplements, or reissues thereof.  In addition to the initial charge for each tariff, the commission shall charge an annual maintenance fee not to exceed the cost of issuing corrections or supplements and mailing them to subscribers:  PROVIDED, That)).  However, copies may be furnished free to other regulatory bodies and departments of government and to colleges, schools, and libraries.  All copies of the compilations, whether sold or given free, shall be issued and distributed under rules and regulations to be fixed by the commission:  PROVIDED FURTHER, That the commission may by order authorize common carriers to publish and file tariffs with the commission and be governed thereby in respect to certain designated commodities and services when, in the opinion of the commission, it is impractical for the commission to make, fix, construct, compile, publish, and distribute tariffs covering such commodities and services.

 

        Sec. 5.  RCW 81.80.090 and 1973 c 115 s 10 are each amended to read as follows:

          The commission shall prescribe forms of application for permits and for extensions thereof for the use of prospective applicants, and for transfer of permits and for acquisition of control of carriers holding permits, and shall make regulations for the filing thereof.  Any such application shall be accompanied by such filing fee as the commission may prescribe by rule:  PROVIDED, That such fee shall not exceed ((two)) five hundred fifty dollars.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 81.80 RCW to read as follows:

          If a person seeks to contest the imposition of a fee imposed under this chapter, the person shall pay the fee and request a refund within six months of the due date for the payment by filing a petition for a refund with the commission.  The commission shall establish by rule procedures for handling refund petitions and may delegate the decisions on refund petitions to the secretary of the commission.

 

          NEW SECTION.  Sec. 7.  The following acts or parts of acts are each repealed:

          (1) RCW 81.80.300 and 1991 c 241 s 2, 1985 c 7 s 152, 1977 ex.s. c 63 s 1, 1971 ex.s. c 143 s 4, 1969 ex.s. c 210 s 13, 1967 c 170 s 1, & 1961 c 14 s 81.80.300; and

          (2) RCW 81.80.320 and 1971 ex.s. c 143 s 5, 1969 ex.s. c 210 s 14, 1967 c 170 s 4, & 1961 c 14 s 81.80.320.

 

          NEW SECTION.  Sec. 8.  Sections 2, 3, and 7 of this act take effect January 1, 1994.

 


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