BP BHEAD INT S

AN ACT Relating to commercial motor vehicles; adding new sections to chapter 46.44 RCW; adding new sections to chapter 46.32 RCW; adding a new section to chapter 46.37 RCW; adding a new section to chapter 46.48 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Document" includes a bill of lading, freight bill, weight certification, or other similar document.

(2) A document evidencing the receipt of goods issued by the person consigning the goods for shipment or a person engaged in the business of transporting or forwarding goods, that states a gross weight of the vehicle and load or the weight of the load when combined with the empty weight of the vehicle that is in excess of the prescribed maximum weight limitation permitted by this chapter, is "relevant evidence" that the weight of the vehicle and load is unlawful. For the purposes of this section and sections 3 and 4 of this act, a document required to be kept under section 3 of this act indicating a unit of measure that, when converted to weight and combined with the weight of the empty vehicle, indicates a gross weight in excess of the prescribed maximum weight limitation permitted by this chapter is "relevant evidence" that the weight of the vehicle and load is unlawful. This subsection does not limit the introduction of other competent evidence bearing upon the question of whether or not there is a violation of the prescribed maximum weight limitations permitted under this chapter.

NEW SECTION. Sec. 2. (1) The chief of the state patrol may adopt rules necessary to carry out the enforcement of this chapter. The chief may conduct investigations, make reports, issue subpoenas, conduct hearings, require the productions of relevant documents, records, and property, and take depositions. The legislative transportation committee shall conduct oversight review.

(2) Only officers of the state patrol are authorized to enforce violations of this chapter through the civil penalty process.

NEW SECTION. Sec. 3. (1) The owner or lessee of a vehicle that is operated in violation of this chapter or a shipper who ships or tenders goods for shipment in a single truck or combination vehicle that is in violation of this chapter is liable for a civil penalty according to the penalties set forth in this chapter. A penalty imposed upon a defendant under this subsection may not exceed the penalty prescribed under this chapter.

(2) An owner, lessee, or shipper charged with violating this chapter has the right to a hearing before a person appointed by the chief of the state patrol. An owner, lessee, or shipper who is determined by the chief of the state patrol, after reasonable notice and opportunity for a fair and impartial hearing held in accordance with the administrative procedure act, chapter 34.05 RCW, to have committed an act that is a violation of this chapter, or adopted rules as provided in this chapter, is subject to a civil penalty not to exceed the amount set by this chapter.

(3) The appeal of a decision of the hearing officer must be to the superior court of Thurston county.

(4) A penalty imposed under this section must be deposited into the highway maintenance fund.

(a) To enforce the collection of a civil penalty levied after due process upon any owner, lessee, or shipper determined by the chief of the state patrol to have committed an act that is a violation of this chapter, or adopted rules as provided in this chapter, the chief may:

(i) Order the removal of the offending vehicle's license tag if the registration is from this state;

(ii) Seize a vehicle not registered within the state that is owned by the company in violation; or

(iii) Order the cancellation of the international registration plan of the vehicle owned by the company in violation.

(b) The chief may enforce (a) of this subsection as follows:

(i) The removal of a vehicle's license tag shall be completed and, upon remittance of the levied penalty, reinstated in a manner consistent with the procedures required by the department;

(ii) If the company fails to remit a levied civil penalty within ninety days subsequent to the seizure of a vehicle as authorized in this section, the state patrol shall collect the penalty in a manner consistent with applicable law pertaining to the sale of seized property;

(iii) The cancellation of the international registration plan must be completed and, upon remittance of the levied penalty, reinstated in a manner consistent with the procedures required by the department; and

(iv) The prevailing party in an action commenced under this section is entitled to reasonable costs incurred in the action.

NEW SECTION. Sec. 4. (1) A person who weighs goods before or after unloading or a person who loads or unloads goods on the basis of liquid volume measure shall keep a written record of the origin, weight, and composition of a shipment, the date of loading or receipt, the name and address of the shipper, the total number of axles on the vehicle or combination of vehicles, and the registration number of the power unit or some other means of identification by which the shipment was transported. The record must be retained for thirty days and must be open to inspection and copying by a state patrol officer, upon demand. A search warrant is not required to inspect or copy the record.

(2) A record kept and maintained under subsection (1) of this section that shows that a vehicle has exceeded a gross weight limit imposed under this chapter is relevant evidence of a violation of this chapter. This subsection does not limit the introduction of other competent evidence bearing upon the question of whether or not there is a violation of the prescribed maximum weight limitation permitted by this chapter.

(3) A person who fails to keep, maintain, or open for inspection and copying, the document as required under subsection (1) of this section shall be assessed a penalty of not more than one thousand dollars for each occurrence. A person who does not accurately record the information required to be contained in those documents under subsection (1) of this section shall be assessed a penalty of not more than one thousand dollars.

NEW SECTION. Sec. 5. A new section is added to chapter 46.32 RCW to read as follows:

(1) The chief of the state patrol may adopt rules necessary to carry out the provisions and intent of sections 5, 6, 7, and 8 of this act. The chief may conduct investigations, make reports, issue subpoenas, conduct hearings, require the productions of relevant documents, records, and property, and take depositions. The legislative transportation committee shall conduct oversight review.

(2) Only officers of the state patrol are authorized to enforce violations of this chapter or chapter 46.37 or 46.48 RCW through the civil penalty process.

(3) Enforcement of violations of this chapter or chapter 46.37 or 46.48 RCW under the civil penalty process by state patrol officers may only be on commercial motor vehicles as defined in chapter . . . (HB 1129), Laws of 1993.

NEW SECTION. Sec. 6. A new section is added to chapter 46.32 RCW to read as follows:

(1) An owner, lessee, or shipper charged with violating this chapter or chapter 46.37 or 46.48 RCW has the right to a hearing held in accordance with the administrative procedure act, chapter 34.05 RCW. An owner, lessee, or shipper who is determined by the chief of the state patrol, after reasonable notice and opportunity for a fair and impartial hearing held in accordance with the administrative procedure act, chapter 34.05 RCW, to have committed an act that is a violation of this chapter or chapter 46.37 or 46.48 RCW, or adopted rules as provided in this chapter or chapter 46.37 or 46.48 RCW, is subject to a civil penalty not to exceed the amount set by the chief of the state patrol. The appeal of a decision of the hearing officer must be to the superior court of Thurston county.

(2) To enforce the collection of a civil penalty levied after due process upon any owner, lessee, or shipper determined by the due process upon any owner, lessee, or shipper determined by the chief of the state patrol to have committed an act that is a violation of this chapter or chapter 46.37 or 46.48 RCW, or adopted rules as provided in this chapter or chapter 46.37 or 46.48 RCW, the chief may:

(a) Order the removal of the offending vehicle's license tag if the registration is from this state;

(b) Seize a vehicle not registered within the state that is owned by the person or company in violation; or

(3) The chief shall enforce subsection (1) of this section as follows:

(a) The removal of a vehicle's license tag must be completed and, upon remittance of the levied penalty, reinstated in a manner consistent with the procedures required by the department;

(b) If the company fails to remit a levied civil penalty within ninety days subsequent to the seizure of a vehicle as authorized in this section, the state patrol shall collect the penalty in a manner consistent with applicable law pertaining to the sale of seized property; and

(c) The cancellation of the international registration plan shall be completed and, upon remittance of the levied penalty, reinstated in a manner consistent with the procedures required by the department of licensing.

(4) A penalty imposed under this section must be deposited into the highway maintenance fund.

(5) The prevailing party in an action commenced under this section is entitled to reasonable costs incurred in the action.

NEW SECTION. Sec. 7. A new section is added to chapter 46.37 RCW to read as follows:

Sections 5 and 6 of this act apply to this chapter.

NEW SECTION. Sec. 8. A new section is added to chapter 46.48 RCW to read as follows:

Sections 5 and 6 of this act apply to this chapter.

NEW SECTION. Sec. 9. Sections 1 through 4 of this act are each added to chapter 46.44 RCW.

NEW SECTION. Sec. 10. This act takes effect July 1, 1994.